MARALINGA LANDS

373 Dr McFETRIDGE (Morphett) (17 November 2008). When does the state government anticipate that the lands known as 'Section 400' will be handed back to Maralinga Tjarutja?

The Hon. J.W. WEATHERILL (Cheltenham—Minister for Environment and Conservation, Minister for Early Childhood Development, Minister for Aboriginal Affairs and Reconciliation, Minister Assisting the Premier in Cabinet Business and Public Sector Management): A draft hand back deed and land management plan have been prepared for the return of section 400 to Maralinga Tjarutja (MT), the traditional owners. The South Australian Commonwealth Governments and MT have agreed the majority of the deed and plan.

Under the provisions of the deed, after the hand back MT will be responsible for controlling access to section 400 and for ensuring the heritage aspects of the site are preserved. There will also be some monitoring and reporting responsibilities under the land management plan.

The main outstanding issue is finalising a process for the contingency that at some future date MT may be unable to fulfil its obligations under the deed and land management plan.

Once agreement has been reached with MT, it will be necessary to incorporate the changes in the deed and, subject to Cabinet approval, introduce a Bill to amend the Maralinga Tjarutja Land Rights Act. The hand back is dependent on the passage of this Bill.

In light of these outstanding matters, it is unlikely the hand back will occur before mid-2009.