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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-11-18 Daily Xml
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MARALINGA TJARUTJA LAND RIGHTS (MISCELLANEOUS) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 17 November 2009. Page 3904.)

The Hon. R.D. LAWSON (11:30): I rise on behalf of the Liberal opposition to indicate that it is with pleasure that we support the second reading and the passage of this important bill. We, in the Liberal Party, are proud of the record of Liberal governments in the past in relation to Aboriginal affairs and, in particular, Aboriginal land rights. It was the Tonkin government that introduced the Pitjantjatjara Land Rights Act, and it is with pleasure that we support the return of this particular section of land to the Maralinga Tjarutja people.

As a member of the Aboriginal Lands Parliamentary Standing Committee, I personally had the pleasure of visiting Oak Valley and the Maralinga Village, as well as flying over the land that is to be handed back in a formal ceremony later this year. I am delighted to see that there are members of the community here in parliament (as there were yesterday) who will benefit from this long overdue provision. The Maralinga Tjarutja people have worked long and hard to achieve this goal.

Speaking on behalf of members of the Liberal opposition, we did appreciate the opportunity yesterday to have a full briefing from the community members and from their counsel, Andrew Collett, who has worked tirelessly and for a very long period to advance the objectives of the community.

Hand backs of land have occurred progressively, beginning in 1984. There was a further hand back of two parcels of land in 1991, but this remaining section (Section 400) is an area comprising some 3,100 kilometres of land, so it is a substantial tract of land that is important to this community. It is land of which they are the traditional owners and custodians. The land is remote, some 300 kilometres north-west of Ceduna.

The Premier, in his ministerial statement yesterday, referred to the use of the land by the British government for nuclear weapons testing in the decade following 1953. Those tests, as a result, have caused considerable residual issues for the land and compensation has been paid, remediation has been undertaken, and the handing back of this remaining section of land will complete an important historical process.

We certainly wish the people of the Oak Valley community, and the Maralinga Tjarutja people generally, every success in the future. However, it ought to be noted that simply handing back land—as important as it is in personal and human terms—is not enough. The South Australian government, as well as governments nationally, need to recognise that there are peculiar problems which the traditional owners of these vast tracts of land face, and measures ought to be put in place to ensure that their communities can thrive.

I know it is the plan of the community to develop the Maralinga Village site for some tourist purposes, and that is an admirable objective. The climate is such, in this particular part of South Australia, that that village—which was erected during 1953 and 1963 and subsequently improved when the remediation projects were undertaken—is in remarkably good condition. It would be a pity if that village was not used for some good purpose, a purpose to provide employment and income for people who live in the community. It ought to be able to be developed, provided the community can be given the necessary support, as an important tourist site.

We all know of the vast numbers of grey nomads who travel around Australia in four-wheel drive and other vehicles, many of them towing caravans. The Maralinga site is an ideal place for many of them to stop, and a place that they would like to visit. This is a great opportunity for the community to benefit economically, to enable the community to prosper, and we certainly hope that it does so. We also hope that the government will continue to provide additional resources and support, not only the state government but also the commonwealth government, to enable the community to benefit materially from the return of this land. The Liberal opposition looks forward to being represented at the official handover ceremony later this year. We commend the government for this measure which we wholeheartedly support.

The Hon. M. PARNELL (11:37): On behalf of the Greens, I wholeheartedly support this bill which returns to its rightful owners the area of land known as Section 400. Clearly it has been a long time coming. I will be supporting the urgent passage of this bill through the parliament, so we can ensure that the wrongs that were done some 50 years ago are remedied this year, the 25th anniversary of the Maralinga Tjarutja land rights legislation.

It is also important that we recognise the steps that have been taken to clean up this land. While they have achieved a certain amount, there is still more to do. I am comforted by the fact that there will be stringent management arrangements to ensure that the land that has been poisoned will be made as safe as we can get it for the rightful owners to be able to use it. It is also important that this legislation clarifies the ownership of what has been called the Unnamed Conservation Park.

I do not propose to speak at great length on this bill. I was very pleased to meet with the traditional owners yesterday. They have made their position very clear. They want their land returned to them. They understand that there will be some ongoing management issues. This legislation strikes a balance between redressing the wrong of the land having been taken and now returning it, but within a framework that ensures that it will be managed safely into the future. With those words, the Greens will be supporting this bill.

The Hon. DAVID WINDERLICH (11:39): I indicate that I am very pleased to support the urgent passage of this bill. As indicated by other members, it rights a wrong that harks back decades. I note that parts of the former testing grounds will still have severe contamination—and that is unfortunate. It will be an ongoing memorial in a negative sense to the damage that was done.

It is good to see universal support for this bill. It is a small but significant step for the traditional owners in terms of our relations with indigenous people, but in other areas, in terms of the way in which we handle crime and justice and what is seen by many on the lands as a new paternalism, we have a long way to go. We have actually drawn the wrong lessons from our past mistakes and are moving in a less positive direction. Today we are doing some good. We are righting a wrong that goes back decades, so I am pleased to support this bill.

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (11:40): I thank members for their contributions and support for this most important bill. I express appreciation for all members' preparedness to deal with this bill in such an expeditious way. It has not been on the Notice Paper for long, so it is with the agreement and cooperation of members that we have been able to deal with the bill today; and that is greatly appreciated.

This bill is most important. It is a landmark decision in relation to the returning of land to the Maralinga Tjarutja people. It is an important addition in relation to the traditional owners and their relationship with their country, so it has cultural significance to them. There are also other important opportunities for them, as well.

As pointed out, some ongoing management issues have been identified and there are provisions for those issues to be addressed. Again, I thank members for their contributions and look forward to the committee stage.

Bill read a second time.

Committee Stage

In committee.

Clause 1.

The Hon. R.D. LAWSON: I have a very brief contribution because I would not want to delay for a moment the passage of this important legislation. However, I must say this: once again, we have a piece of legislation before the Legislative Council and members have not yet been circulated with its precise terms. There is only one body responsible for that. The government failed to introduce this legislation earlier, as it could have done. Now we are being rushed to pass something that has not yet been circulated to members. I make the point to indicate that I do believe that it is disrespectful to the Maralinga people and also disrespectful to the parliament, but we certainly will not be delaying at all the passage of the bill. I make the point that this should not be allowed to become general practice.

The Hon. G.E. GAGO: Again, we beg the indulgence of the committee. If the honourable member feels strongly about this, obviously, he can move to report progress. However, we are very keen to see this matter completed this morning. There has been a commitment by the Leader of the Opposition to support this bill. A draft bill has been circulated, and this bill that we are agreeing on today is substantially the same as that draft bill. Unfortunately, sometimes these things occur. We do everything we can to avoid them, but we have not been able to do so at this point. As I said, I beg the indulgence of the committee.

Clause passed.

Remaining clauses (2 to 22), schedule and title passed.

Bill reported without amendment.

Third Reading

Bill read a third time and passed.

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