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MEDIA RELEASE
------------------ 20 October 1993 Attention: Chief of Staff
Pastoral Leases Must Not Extinguish Native Title.
The ACF has sent a warning to the Prime Minister of the dangerous
precedents associated with any move to protect pastoral interests
from Mabo-style claims.
Executive Director of the ACF, Tricia Caswell, said "This talk of
'validating' pastoral leases to extinguish native title does not
make sense and sets a dangerous precedent for natural resource
management in Australia.
"A pastoral lease is a licence to use land for a specified period.
When one enters into any form of lease, one must expect that the
lease may not be renewed when it expires. This is the fundamental
difference between leasehold land and freehold title.
"There is no question, for example, that Britain's 99 year lease
on Hong Kong could ever be 'validated' to protect it from Chinese
ownership.
"Leases are leases, and should not be confused with freehold
title. Any talk of treating long-term leases as private property
is extremely dangerous, with profound implications for natural
resource management.
"If the Government were prepared to approve the 'validation' of
leases in this way, they could set a dangerous precedent for other
forms of long-term licences. For example:
* mining leases on private land
* grazing leases in new National Parks
* long-term fishing licences
* long-term timber licences
* long-term water licences
* long-term commercial or residential leases
"I have written to the Prime Minister expressing these concerns
and seeking his assurance that pastoral leases will not extinguish
native title." concluded Tricia Caswell.
Contact Tricia Caswell 03 416 1166