NT, Keating block Mabo claim on mine.
by Cherie Beach
The Northern Territory Government has introduced legislation
guaranteeing land title for the $250 million McArthur River
mine following negotiations with the Federal Government to
protect the site from a Mabo style claim.
But the Northern Land Council foreshadowed late yesterday a
legal challenge to the legislation.
The Bill was tabled in the Legislative Assembly by the Chief
Minister, Mr Perron, at the request of the Prime Minister, Mr
Keating.
It was needed because the company developing the silver, lead,
zinc mine believed it could not finance the project in a
climate of doubt over the validity of its mining leases.
"The joint-venture partners have indicated that unless they
can be assured of certainty of title in time to commence
operations by July 1, the project will be delayed
indefinitely." Mr Perron told Mr Keating in a May 20 letter
released yesterday.
He will recall Parliament for an extra sitting late next month
to pass the Bill.
Mr Perron introduced the legislation on the condition Mr
Keating guaranteed the Federal Government would legislate, if
necessary, if unexpected difficulties concerning the validity
of the Territory's Bill arose.
The Federal Government would also pay the Territory's legal
costs and expenses defending the legislation's validity should
a challenge be based on inconsistencies with the Racial
Discrimination Act or the Self-Government Act.
Mr Keating and the Special Minister of State, Mr Walker,
agreed to the conditions in a letter to Mr Perron last week.
"Without this assurance we would not proceed with this
legislation because we would be putting the Territory at risk
of a claim potentially running to some hundreds of millions of
dollars," Mr Perron said yesterday.
A land council spokesman confirmed a legal challenge to the
legislation was one of several options to be put to the
traditional owners at a meeting at a mine site, near
Borroloola, 600km south-east of Darwin, on Monday.
The acting director of the council, Mr Midena, said the
legislation breached the Racial Discrimination Act and was
invalid.
"We are very disappointed that the Commonwealth apparently
supports the failure to recognise the rights of Aboriginal
people at Borroloola. They have legislated to protect the
rights of a company but not to protect the rights of
Aboriginal people," Mr Midena said.
"The bill represents a total denial of natural justice."
The proposed mine won federal and Territory approval last year
and construction was due to start this month.
In February the council warned that a Mabo-style court case,
based on the High Court's recognition of Aboriginal native
title last June, was imminent unless demands for land,
employment opportunities, Aboriginal business enterprises and
improved infrastructure for four Aboriginal clans in the area
were met.
McArthur River Mining - a joint venture between Mt Isa Mines
Ltd and several Japanese interests - refused to negotiate on
the demands.
(ends)