Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-03-25 Daily Xml

Contents

BEVERLEY FOUR MILE NATIVE TITLE AGREEMENT

The Hon. M. PARNELL (14:53): I seek leave to make a brief explanation before asking the Minister for Mineral Resources Development a question about the Beverley Four Mile native title agreement.

Leave granted.

The Hon. M. PARNELL: Currently, members of ATLA (Adnyamathanha Traditional Lands Association), along with native title named applicants, are in negotiation with Heathgate Resources over the Beverley Four Mile native title mining agreement, which would supersede the existing agreement between Heathgate and the Adnyamathanha.

At a recent meeting of ATLA on 16 January this year, a proposal was put to the people in attendance by Heathgate Resources. There were two key aspects: first, to consider how the Adnyamathanha People's Investment Trust might be managed into the future and, secondly, to amend the existing Beverley native title mining agreement.

The Adnyamathanha People's Investment Trust was set up to manage the receipt and distribution of royalties from the Beverley mine to the Adnyamathanha community. The trust is managed and controlled by Heathgate Resources and the ANZ Bank.

Following the 16 January ATLA meeting, I understand a letter, which was sent to ATLA members by lawyers acting on behalf of Heathgate, indicated that, if the Beverley native title mining agreement was not signed off in the next month, Heathgate Resources would be pursuing costs for the ongoing management of invested moneys.

I remind members that the public consultation period for the public environment report for the Beverley Four Mile project closed on 20 February this year. Neither the federal government, the state government nor the proponent have responded to the issues raised through that process. Despite this, Heathgate Resources is placing pressure on the Adnyamathanha community to sign off on the mining agreement before the details of the mining project have been finalised. My questions are:

1. Is the minister aware that Heathgate Resources is linking the successful resolution of the Beverley native title mining agreement with costs related to the Adnyamathanha People's Investment Trust?

2. Does the minister know why Heathgate Resources is forcing a decision on the Beverley Four Mile mining agreement before completion of the PER process?

3. Does the minister accept that linking the two issues and forcing an agreement imposes unfair duress and is a denial of due process?

4. Will the minister assure the council that the Adnyamathanha native title named applicants will not be forced to sign the mining agreement before completion of the PER process?

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business) (14:55): The negotiations between mining companies and respective native title claimants are a matter for those companies. Most are kept confidential and the government does not necessarily know what arrangements are reached in many cases, and that needs to be understood. To put the question in perspective, we know that the Hon. Mark Parnell is opposed to uranium mining in any form and he keeps coming up with these red herrings. Yesterday, to get publicity, it was about a supposed spill that happened at Olympic Dam last year when, of course, any spills from uranium mines are recorded on the PIRSA website, as has been done.

We get this continuing train of issues in relation to uranium mining and in relation to Beverley itself. We know the Hon. Mr Parnell's view, as he put out a media release last month attacking the Beverley Four Mile project. We know where he is coming from: that is consistent, and he is entitled to do that. But let us not pretend that the Hon. Mark Parnell is an impartial observer in relation to anything to do with uranium mining at Beverley, as his press releases and other statements indicate. He will use anything and everything to bring it into his campaign to end uranium mining in this state.

The Hon. D.W. Ridgway interjecting:

The Hon. P. HOLLOWAY: Do you agree with him? It appears that the opposition is becoming increasingly anti-mining. We have seen the press releases put out by the shadow minister for mining continually attacking the mining industry. The mining industry is getting a little concerned about the anti-mining stance that is increasingly creeping into the attitude of the Liberal Party. Wherever I go among the mining industry, people express concern to me, because there has been in this state somewhat of a bipartisan approach with regard to general support for this industry, but there is a lot of concern about these negative comments coming from members opposite.

We know where the Hon. Mark Parnell is coming from, and he is obviously trying to use this issue again in the campaign that he consistently runs. I admire his consistency in relation to campaigning against uranium, but in relation to this matter the arrangements and royalty agreements between Heathgate and the Adnyamathanha people are matters for the parties concerned.

In the past the indigenous Adnyamathanha community has benefited significantly from the operations of the Beverley uranium mine and there are a significant number of people from the community who are working and have worked in that mine: something like 15 per cent of its workforce, if I correctly recall, come from the local Aboriginal community up there. Certainly I believe the relations between the Adnyamathanha and Heathgate historically have been cordial. In relation to the details, I imagine there will be some toing-and-froing on these issues, as there always will be in such negotiations, but I expect that when those negotiations are completed an agreement will be reached to provide significant benefits to the Adnyamathanha community, as well as significant benefits to the state, from the operation of the new Four Mile mine.