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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2012-02-29 Daily Xml
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ARKAROOLA PROTECTION BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 4, page 3, line 28 [clause 4(b)]—After 'cultural' insert:

or spiritual

No. 2. Clause 8, page 5, after line 8—After subclause (10) insert:

(11) In addition to the persons or bodies specified in subsection (10), if, in the opinion of the minister, an Aboriginal person or Aboriginal organisation has a particular interest in the Arkaroola Protection Area, the person or organisation will be taken to hold an interest in the Arkaroola Protection Area for the purposes of this section.

(12) In this section—

Aboriginal organisation means an association, body or group comprised, or substantially comprised, of Aboriginal persons having as its principal objects the furtherance of interests of Aboriginal people.

Consideration in committee.

The Hon. P. CAICA: I move:

That the Legislative Council's amendments be agreed to.

I am very happy that we have reached this stage at last for this historic piece of legislation. I thank members in both places for supporting the bill, although I think the bill could have been dealt with more expeditiously had not the opposition chosen to spend a large amount of time in the debate speaking about matters not contained in the bill. That aside, I am sure most South Australians will appreciate their eventual support for the bill.

In considering the amendments to the bill which were passed in the Legislative Council, I indicate the government has taken the position to accept those amendments at this point, given that they are likely to be of little practical importance.

The first amendment adds the word 'spiritual' to clause 4(b) in the objects of the bill, in relation to those aspects of Aboriginal culture and heritage that the legislation seeks to protect. From the government's viewpoint, it is widely accepted that spiritual values are an inherent part of objects, places or features that are important to Aboriginal people; therefore, while accepting the amendment at this point, we think it adds little to what is already included in the bill.

The second amendment is an additional element to the consultation process concerning the development of the management plan for the Arkaroola Protection Area. Clause 8 of the bill includes provisions requiring the minister to consult with those who hold legal interests in the Arkaroola Protection Area, and those with interests in an area that is adjacent to the APA, prior to commencing to develop or alter the management plan.

Once a draft management plan has been developed accordingly, the minister must undertake a public consultation in relation to the draft management plan, after which the minister may adopt the plan or vary it. Were any variations to the management plan of significance or substance to be made at this stage, the minister must go back to consult again with those parties holding interests in the Arkaroola Protection Area. So, it can been seen that there will be an extensive process of consultation about the APA management plan that is required of the minister, including a wider public consultation phase.

In terms of the amendment to this clause, it is the view of the government that the combination of consultation processes within the bill, as it was presented to the Legislative Council, and the operation of the Aboriginal Heritage Act 1988 adequately provide for a strong voice for the Adnyamathanha people—the traditional owners—in helping to shape the plan for managing and protecting Adnyamathanha culture and heritage; a view shared by the Adnyamathanha Traditional Lands Association.

I can inform members that today I received correspondence from the Adnyamathanha Traditional Lands Association, above the signature of Mr Vince Coulthard, the Chairperson of ATLA, in which he has requested that I oppose the amendment that was put by Mr Parnell in another place to include that the minister may consult other Aboriginal people with regard to Arkaroola, on the belief that ATLA and, in particular, Mr Coulthard believe that this is a watering-down of their native title rights and sabotages all of the important work ATLA has done over the past 14 years. I say that I will support this amendment from the other place, but I do put on the record the views of ATLA in this regard, and I will continue to work with Mr Coulthard on this particular matter.

Again, the government considers that this amendment adds little practical value to the workings of the bill. Nevertheless, at this point the government wishes to bring debate on this important bill to a timely conclusion so that the work of protecting Arkaroola for the long term can begin as soon as possible. This is a truly historic piece of legislation, one that goes much further than previous—

Ms Chapman interjecting:

The Hon. P. CAICA: —attempts in the other place. This bill—

Ms Chapman interjecting:

The Hon. P. CAICA: —behaviour, please—effectively provides for the permanent protection of Arkaroola from mining and other inappropriate development, so it will be of benefit not only to our generation but to generations of South Australians to come.

I would like to pass on my sincere congratulations and thanks to the Adnyamathanha Traditional Lands Association, Marg and Doug Sprigg, and those who have supported them through what has been a long journey, especially Mr Dennis Walter, and to other pastoral and mining exploration leaseholders who have been involved in the process of consultation.

Motion carried.


At 17:59 the house adjourned until Thursday 1 March 2012 at 10:30.


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