❓ The Deputy Premier responds to a question regarding the Rubibi No 6 native title application, congratulating the Yawuru people and contrasting the current government's approach to native title with that of the previous government, emphasising negotiation and mediation.
AnsweredQoN 87Legislative Assembly
QuestionView source ↗
NATIVE TITLE, FEDERAL COURT DECISION
I refer to the decision handed down in the Federal Court last night in relation to the Rubibi No 6 native title application. Can the Deputy Premier indicate what is the Government’s position on the finding? Mr RIPPER
I refer to the decision handed down in the Federal Court last night in relation to the Rubibi No 6 native title application. Can the Deputy Premier indicate what is the Government’s position on the finding? Mr RIPPER
AnswerView source ↗
The decision handed down last night by Justice Merkel was a positive finding of native title in respect of 121 hectares of land near Broome, which is a significant law ground for Aboriginal people. The Government congratulates the Kimberley Land Council and the Yawuru people on this finding. During Reconciliation Week it is important that we draw a distinction between the attitude of this Government and that of the former Government on the important issue of native title, which is a vital issue for reconciliation. In the early 1970s the land was vested in the Aboriginal Lands Trust. Despite that, the former Government contested the application and set itself up as an antagonist and, as in so many other cases, it lost the case. The Government will watch with interest what happens in other court cases that were started by the former Government and where decisions are yet to be handed down. Many issues concerning native title are to be dealt with in this State. There are 128 outstanding native title applications and only two native title claims have been settled by consent in this State. By comparison, Queensland has settled 15 cases. Some 39 Western Australian native title claims are listed for trial before the Federal Court - more than every other State and Territory combined. This Government intends to do things differently and to adopt a different approach from that of the former Government. The Government intends to focus on negotiation and mediation. With respect to the Broome claims, the Government will approach the Federal Court seeking an adjournment of the claims to allow the mediation process to proceed. For the benefit of the member for Kalgoorlie I will quote from the explanatory statement put out by the Federal Court. Mr Justice Merkel said - Although the evidence in the present case did not produce any new or startling revelations about traditional Aboriginal society, in telling their story the Rubibi applicants have articulated a cogent, rational and historically sound exposition of why a fair and just legal system does not refuse to recognise the unextinguished native title that they have established has existed since prior to European settlement of Australia. I hope members of the Opposition will carefully consider that statement by the judge when they think about their future attitude to native title. Government members: Hear, hear!
Mr RIPPER replied: The decision handed down last night by Justice Merkel was a positive finding of native title in respect of 121 hectares of land near Broome, which is a significant law ground for Aboriginal people. The Government congratulates the Kimberley Land Council and the Yawuru people on this finding. During Reconciliation Week it is important that we draw a distinction between the attitude of this Government and that of the former Government on the important issue of native title, which is a vital issue for reconciliation. In the early 1970s the land was vested in the Aboriginal Lands Trust. Despite that, the former Government contested the application and set itself up as an antagonist and, as in so many other cases, it lost the case. The Government will watch with interest what happens in other court cases that were started by the former Government and where decisions are yet to be handed down. Many issues concerning native title are to be dealt with in this State. There are 128 outstanding native title applications and only two native title claims have been settled by consent in this State. By comparison, Queensland has settled 15 cases. Some 39 Western Australian native title claims are listed for trial before the Federal Court - more than every other State and Territory combined. This Government intends to do things differently and to adopt a different approach from that of the former Government. The Government intends to focus on negotiation and mediation. With respect to the Broome claims, the Government will approach the Federal Court seeking an adjournment of the claims to allow the mediation process to proceed. For the benefit of the member for Kalgoorlie I will quote from the explanatory statement put out by the Federal Court. Mr Justice Merkel said - Although the evidence in the present case did not produce any new or startling revelations about traditional Aboriginal society, in telling their story the Rubibi applicants have articulated a cogent, rational and historically sound exposition of why a fair and just legal system does not refuse to recognise the unextinguished native title that they have established has existed since prior to European settlement of Australia. I hope members of the Opposition will carefully consider that statement by the judge when they think about their future attitude to native title. Government members: Hear, hear!
The decision handed down last night by Justice Merkel was a positive finding of native title in respect of 121 hectares of land near Broome, which is a significant law ground for Aboriginal people. The Government congratulates the Kimberley Land Council and the Yawuru people on this finding. During Reconciliation Week it is important that we draw a distinction between the attitude of this Government and that of the former Government on the important issue of native title, which is a vital issue for reconciliation. In the early 1970s the land was vested in the Aboriginal Lands Trust. Despite that, the former Government contested the application and set itself up as an antagonist and, as in so many other cases, it lost the case. The Government will watch with interest what happens in other court cases that were started by the former Government and where decisions are yet to be handed down. Many issues concerning native title are to be dealt with in this State. There are 128 outstanding native title applications and only two native title claims have been settled by consent in this State. By comparison, Queensland has settled 15 cases. Some 39 Western Australian native title claims are listed for trial before the Federal Court - more than every other State and Territory combined. This Government intends to do things differently and to adopt a different approach from that of the former Government. The Government intends to focus on negotiation and mediation. With respect to the Broome claims, the Government will approach the Federal Court seeking an adjournment of the claims to allow the mediation process to proceed. For the benefit of the member for Kalgoorlie I will quote from the explanatory statement put out by the Federal Court. Mr Justice Merkel said - Although the evidence in the present case did not produce any new or startling revelations about traditional Aboriginal society, in telling their story the Rubibi applicants have articulated a cogent, rational and historically sound exposition of why a fair and just legal system does not refuse to recognise the unextinguished native title that they have established has existed since prior to European settlement of Australia. I hope members of the Opposition will carefully consider that statement by the judge when they think about their future attitude to native title. Government members: Hear, hear!
Many issues concerning native title are to be dealt with in this State. There are 128 outstanding native title applications and only two native title claims have been settled by consent in this State. By comparison, Queensland has settled 15 cases. Some 39 Western Australian native title claims are listed for trial before the Federal Court - more than every other State and Territory combined. This Government intends to do things differently and to adopt a different approach from that of the former Government. The Government intends to focus on negotiation and mediation. With respect to the Broome claims, the Government will approach the Federal Court seeking an adjournment of the claims to allow the mediation process to proceed. For the benefit of the member for Kalgoorlie I will quote from the explanatory statement put out by the Federal Court. Mr Justice Merkel said - Although the evidence in the present case did not produce any new or startling revelations about traditional Aboriginal society, in telling their story the Rubibi applicants have articulated a cogent, rational and historically sound exposition of why a fair and just legal system does not refuse to recognise the unextinguished native title that they have established has existed since prior to European settlement of Australia. I hope members of the Opposition will carefully consider that statement by the judge when they think about their future attitude to native title. Government members: Hear, hear!
Government members: Hear, hear!
Mr RIPPER replied: The decision handed down last night by Justice Merkel was a positive finding of native title in respect of 121 hectares of land near Broome, which is a significant law ground for Aboriginal people. The Government congratulates the Kimberley Land Council and the Yawuru people on this finding. During Reconciliation Week it is important that we draw a distinction between the attitude of this Government and that of the former Government on the important issue of native title, which is a vital issue for reconciliation. In the early 1970s the land was vested in the Aboriginal Lands Trust. Despite that, the former Government contested the application and set itself up as an antagonist and, as in so many other cases, it lost the case. The Government will watch with interest what happens in other court cases that were started by the former Government and where decisions are yet to be handed down. Many issues concerning native title are to be dealt with in this State. There are 128 outstanding native title applications and only two native title claims have been settled by consent in this State. By comparison, Queensland has settled 15 cases. Some 39 Western Australian native title claims are listed for trial before the Federal Court - more than every other State and Territory combined. This Government intends to do things differently and to adopt a different approach from that of the former Government. The Government intends to focus on negotiation and mediation. With respect to the Broome claims, the Government will approach the Federal Court seeking an adjournment of the claims to allow the mediation process to proceed. For the benefit of the member for Kalgoorlie I will quote from the explanatory statement put out by the Federal Court. Mr Justice Merkel said - Although the evidence in the present case did not produce any new or startling revelations about traditional Aboriginal society, in telling their story the Rubibi applicants have articulated a cogent, rational and historically sound exposition of why a fair and just legal system does not refuse to recognise the unextinguished native title that they have established has existed since prior to European settlement of Australia. I hope members of the Opposition will carefully consider that statement by the judge when they think about their future attitude to native title. Government members: Hear, hear!
The decision handed down last night by Justice Merkel was a positive finding of native title in respect of 121 hectares of land near Broome, which is a significant law ground for Aboriginal people. The Government congratulates the Kimberley Land Council and the Yawuru people on this finding. During Reconciliation Week it is important that we draw a distinction between the attitude of this Government and that of the former Government on the important issue of native title, which is a vital issue for reconciliation. In the early 1970s the land was vested in the Aboriginal Lands Trust. Despite that, the former Government contested the application and set itself up as an antagonist and, as in so many other cases, it lost the case. The Government will watch with interest what happens in other court cases that were started by the former Government and where decisions are yet to be handed down. Many issues concerning native title are to be dealt with in this State. There are 128 outstanding native title applications and only two native title claims have been settled by consent in this State. By comparison, Queensland has settled 15 cases. Some 39 Western Australian native title claims are listed for trial before the Federal Court - more than every other State and Territory combined. This Government intends to do things differently and to adopt a different approach from that of the former Government. The Government intends to focus on negotiation and mediation. With respect to the Broome claims, the Government will approach the Federal Court seeking an adjournment of the claims to allow the mediation process to proceed. For the benefit of the member for Kalgoorlie I will quote from the explanatory statement put out by the Federal Court. Mr Justice Merkel said - Although the evidence in the present case did not produce any new or startling revelations about traditional Aboriginal society, in telling their story the Rubibi applicants have articulated a cogent, rational and historically sound exposition of why a fair and just legal system does not refuse to recognise the unextinguished native title that they have established has existed since prior to European settlement of Australia. I hope members of the Opposition will carefully consider that statement by the judge when they think about their future attitude to native title. Government members: Hear, hear!
Many issues concerning native title are to be dealt with in this State. There are 128 outstanding native title applications and only two native title claims have been settled by consent in this State. By comparison, Queensland has settled 15 cases. Some 39 Western Australian native title claims are listed for trial before the Federal Court - more than every other State and Territory combined. This Government intends to do things differently and to adopt a different approach from that of the former Government. The Government intends to focus on negotiation and mediation. With respect to the Broome claims, the Government will approach the Federal Court seeking an adjournment of the claims to allow the mediation process to proceed. For the benefit of the member for Kalgoorlie I will quote from the explanatory statement put out by the Federal Court. Mr Justice Merkel said - Although the evidence in the present case did not produce any new or startling revelations about traditional Aboriginal society, in telling their story the Rubibi applicants have articulated a cogent, rational and historically sound exposition of why a fair and just legal system does not refuse to recognise the unextinguished native title that they have established has existed since prior to European settlement of Australia. I hope members of the Opposition will carefully consider that statement by the judge when they think about their future attitude to native title. Government members: Hear, hear!
Government members: Hear, hear!
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