Implementation of such proposals would require the over-riding of the
Australian Racial Discrimination Act, abandonment of international treaties
on racial discrimination.
Rod Hagen
********************
(Age article commences)
"Strict new controls for land claims
By Laura Tingle
chief political correspondent
The Federal Government's response to Wik would wipe out native title in all
but name, massively expand tax breaks for pastoralists and limit further
native title claims to land where Aboriginies are already living.
Under the plan - outlined to state premiers on Friday - those indigenous
people who are still able to make a claim would be powerless to stop
development and excluded from claiming native title to fresh, artesian or
offshore waters.
A sunset clause would mean claims must be lodged by 1 January 2000, and
claims already lodged could be knocked out by new, but retrospective
tests.
However, the Prime Minister's Wik taskforce has discovered that a proposal
to upgrade pastoral leases, by expanding the activities possible on the
land, would put pastoralists' tax breaks at risk, including the
multi-billion-dollar diesel fuel rebate.
The Government therefore proposes a profound rewrite of taxation law to
protect pastoralists' tax position, even though the lease upgrade would
allow for non-pastoral activities.
The Government's position was given to the National Farmers Federation on
Friday night, but indigenous leaders only became aware of its existence
yesterday morning, hours before they were due to meet the Prime Minister,
Mr John Howard, at The Lodge in Canberra.
Facing an ambush, angry Aboriginal leaders say the proposals contradict the
principles put to Mr Howard in February as fundamental to a just outcome.
These included no extinguishment or impairment of native title - including
by way of expanded pastoral rights - or erosiion of rights under the Native
Title Act, including the right to negotiate.
Some warned last night that, if the scheme goes ahead, they would have
nothing to lose and no option but to launch a campaign of extensive land
claims and legal actions.
But their chances of legal redress have also been impaired, as they were
told last night that funding for legal services would not be approved for
native title claims.
Under the plan scheduled to go to Cabinet in mid-April:
*Existing land titles would be validated except for vacant Crown land and
pastoralists' leases upgraded by legislation.
*Access rights for indigenous people would be subject to a "physical
connection" test driven by current occupation of the land.
*The existing right to negotiate over land use would be curtailed and the
right to make claims over future acts in towns and cities would be removed.
*All native title claims - including those already lodged - would be
subjected to a higher threshold test and the new, more limited right to
negotiate provisions."
(Article ends)
Rod Hagen
rodhagen@newcontent.net.au
or rodhagen@netspace.net.au
Hurstbridge, Victoria, Australia