[Greens-Media] [Parnell] Aboriginal rights axed in Parliamentary travesty

[Parnell]

The South Australian Parliament reached a new low yesterday as it voted to axe the right of Aboriginal People to negotiate over oil and gas activities on their traditional lands, according to Greens leader, Mark Parnell MLC.

The Petroleum and Geothermal Energy (Transitional Licences) Amendment Bill was rushed through the Legislative Council late yesterday afternoon in complete disregard of Parliamentary protocols and without any consultation with affected Aboriginal groups.
  
The Government justified ramming through the Bill that had only been introduced 2 days earlier on the basis that it was merely an administrative fix-up of a 12 year-old drafting mistake.  However the Greens and Aboriginal Native Title holders strongly disagreed and noted that the matter was already before the Federal Court for resolution.  The new law effectively kills those Court proceedings.

"The Government has shown contempt for all South Australians, but especially for Aboriginal South Australians, by refusing to consult the affected groups, in clear breach of its commitment to "consult and decide".  When pushed to justify the obscene haste in passing this racially discriminatory Bill, the Government could not produce a single shred of evidence of harm or disadvantage to the big mining companies.  They trashed Aboriginal rights because they had the numbers to do so", said Mark Parnell

"Rather than looking for every opportunity to engage Aboriginal South Australians in important development decisions that affect their lives, the Government has chosen to perpetuate the discrimination and ignorance of the past.  If this is the new standard of Aboriginal engagement, then the Mabo decision was a cruel illusion and reconciliation in this State is dead", concluded Mark Parnell.

Technical notes: 

The key legal question is whether or not petroleum and gas companies in the State's North East should be required to negotiate access and heritage matters with Traditional Owners.   Petroleum leases that pre-date federal Native Title laws were exempt from the right to negotiate, however these leases were significantly changed by SA legislation in 2000 when they changed from "limited term" to "perpetual".  The Greens and Aboriginal groups believe that this should have triggered the application of current standards that require companies to negotiate with Native Title holders.

Parliamentary procedure in the Legislative Council dictates that no Bill should be forced to a vote in the same sitting week as it is introduced.  This is to allow MPs an opportunity to understand the consequences of the Bill and to consult constituents.  The earliest this Bill should have been debated is Tuesday 16th October.  Only the Greens and Dignity for Disability's Kelly Vincent voted against the Bill.


Mark Parnell, Member of the Legislative Council, parnell at parliament.sa.gov.au  
Parliament House, North Terrace, Adelaide SA 5000    Ph. 08 8237 9111
www.markparnell.org.au