>From The Australian newspaper Friday 3 December 1993
Court defends rushing of rebel law through House.
by David Humphries
The West Australian Government's go-it-alone Mabo legislation
became law yesterday after the Coalition again turned
tradition on its head and guillotined the Bill through the
Upper House.
The Premier, Mr Court, defended the rush by saying it was
imperative the Land(Titles and Traditional usage) Bill became
law before the Federal Government's Native Title Bill.
But he was not able to explain adequately why it was necessary
to win the legislative race. Prominent constitutional lawyers
questioned by The Australian yesterday insisted there was no
legal advantage in being first if and when the competing laws
were subjected to High Court examination.
When asked what advantage he sought, Mr Court said the
bureaucracy was not yet prepared for implementation of the new
law, which extinguishes native title in Western Australia but
guarantees Aborigines traditional use of their land.
"We are keen to have that (bureaucratic mechanism) up and
going before the federal legislation is through," he said.
The federal minister with responsibility for Mabo, Mr Walker,
said the West Australian legislation was racist and contrary
to the Racial Discrimination act, and would be struck down by
the High Court.
But he acknowledged that might take some years.
"During that period of time I would imagine there will be
injunctions preventing any development in WA on Aboriginal
land while the High Court sorts those challenges out," he told
ABC radio.
"You are going to have economic chaos in WA while that is
sorted out."
After a marathon debate in the Legislative Council, the Bill
was passed after debate on just 10 of its 46 clauses.
The guillotine was applied by the government leader in the
Upper House, Mr George Cash, who said the Opposition had been
childish and obstructionist in trying to hold up the Bill.
The guillotine, in which the majority uses it numbers to force
the pace of debate, had not been used in the 103 years of the
Legislative Council until last week's debate on the land
rights Bill.
Mr Court said: "I do not make any apology fro getting this
legislation through the Parliament because it is crucial to
the long-term well-being and democracy in this State."
(ends)
Extract from the Sydney Morning Herald (by Paul Chamberlin, 3
Dec 93):
The executive officer of the West Australian Aboriginal Legal
Services, Mr Rob Riley, said he felt "numb and ashamed" to be
a West Australian.
"Once the Governor gives assent to this bill, it becomes law
and native title no longer exists in this State," Mr Riley
said. He said a legal challenge by Aboriginal people was
possible but urged quick passage of the Federal Bill.
The Pastoralists and Graziers' Association of Western
Australia said the silent majority would welcome the bill and
a "war-mongering" Mr Keating could expect total rebellion if
he stayed on the same path.
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In another story in The Australian (Joanne Cooper 3 Dec 93)
the amount of compensation for First Peoples in Western
Australia may be as little as a few hundred dollars each.
Compensation 'may be a few hundred dollars'
By Joanne Cooper
Aborigines stood to earn next to nothing for denial of much of
their tribal lands under Western Australia's land rights
legislation despite explicit promises of "fair compensation",
according to a prominent Perth lawyer.
Mr Richard Utting said yesterday one of the biggest Mabo-style
claims - a bid for 200,000 sq km of potentially mineral rich
desert -was likely to result in compensation of just a few
hundred dollars each for the Martu people of the Great Sandy
Desert.
This was because city-oriented property valuations would be
assessing compensation. In the case of the desert Martu
people, the land under claim was worth probably a couple of
cents a hectare.
Mr Utting, a prominent defence lawyer, said he had undertaken
the analysis of the Land (Titles and Traditional Usage) Act
after he identified the discrepancy between the legislation's
promise of "fair compensation" and the outcomes that would
flow from court assessments.
He said minerals and other resources under the surface would
not be taken into account and remained the property of the
Crown.
Under the new law, compensation would be determined by the
guidelines of the Public Works Act, which governs acquisition
of private property for government purposes mainly in
developed or agricultural areas.
"In the Martu claim area all they would be looking at is the
value of the dirt, which amounts to a few cents per acre, or
zero," Mr Utting said. "They might get a couple of hundred
dollars each because that's simply the value of the land"
The Martu people's claim area includes the Rudall River
national park, which is earmarked for mineral exploration, and
a long stretch of the Canning Stock Route. The land is
believed to be rich in uranium, copper and gold.
The tribe's claim was lodged in the Supreme Court of Western
Australian in September and is yet to be heard.