South Australian parliament in a middle of the night ram raid smashes Aboriginal rights

Gerry Georgatos - courtesy National Indigenous Times - nit.com.au
“The South Australian Lower and Upper Houses snuck through a Bill to steal away Indigenous rights in winding back the clock two decades. It was racism as Indigenous people were tossed aside,” said SA Indigenous Association president and Nunga Elder, Alison Thorne.

The SA Parliament stunned its Aboriginal peoples by voting to axe the right of Aboriginal peoples – Native Title holders and claimants – to negotiate over oil and gas activities on their Traditional Lands.

The Petroleum and Geothermal Energy Amendment Bill was rushed through the Legislative Council late on Thursday afternoon. One of only three parliamentarians to vote against it Greens MLC Mark Parnell said parliamentary protocols were set aside “and without any consultation with affected Aboriginal groups.”

“It was only two weeks ago you contacted me with the news that the Bill had been introduced in the House of Assembly and I was taken aback by it. There had been no prior consultation. And you have turned out correct, your sources, that the Bill would be supported and rushed through both Houses,” said Mr Parnell to The National Indigenous Times.

“It is disgusting they have done this. In the Legislative Assembly I asked questions of the representative of the Mining Minister and asked how is it possible we have this Bill before us without any prior engagement with Aboriginal Elders. Aboriginal peoples are very upset about this.”

“The matter of their rights in respect to petroleum and gas activities on their Traditional Lands and their right to negotiate them was to be heard in the Federal Court in a matter of days however this legislation has effectively ended all this.” Mr Parnell said it is as if Government was prepared to pass legislation to suit their desired interpretation of the Act despite the looming court proceedings.

The South Australian Government rammed through the Bill in the Legislative Council after it had been introduced two days prior on the premise that the right for Aboriginal peoples to negotiate on petroleum and gas activities was mistaken and the Amendment to the Bill “was merely an administrative fix up of a twelve old drafting mistake.” However Aboriginal Native Title holders disagreed with the matter before the Federal Court for resolution.

Parliamentary procedure in the Legislative Council states that no Bill should be forced to a vote in the same sitting week as it is introduced. MPs must be allowed the opportunity to understand the consequences of any Bill and to consult constituents and stakeholders. The earliest this Bill should have been debated is Tuesday October 16.

The Office of the Commissioner for Aboriginal Engagement was outraged by the total disregard of Aboriginal peoples. Commissioner Khatija Thomas said, “To say that I am disappointed at the process surrounding this amendment is an understatement.”

“It undermines our democratic processes and flies in the face of Government rhetoric supporting the engagement of all South Australians including Traditional Owners.”

“The process adopted by the Government to introduce the Bill without notice to Aboriginal people is contrary to international law requiring that only free, prior and informed consent given by Aboriginal people for decisions such as the one to remove a Native Title right,” said Commissioner Thomas.

Mr Parnell said this is a “racially discriminatory Bill.” He said that the Government in response to his questions “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.”

“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”, said Mr Parnell.

The Bill was introduced into the House of Assembly on September 5 by Mining Minister Tom Koutsantonis. It stated, “This amending Act introduces amendments to the Petroleum and Geothermal Energy Act 2000 to ensure the validity of certain past grants, consolidations and renewals of petroleum production licences held by Santos Limited, Delhi Petroleum Pty Ltd and Origin Energy Resources Ltd in the Cooper Basin.”

“It was drawn to the State’s attention that there were potential unintended consequences arising from the transitional provisions of the Petroleum and Geothermal Energy Act. The State had concerns that if the proposed amendments were not made, many petroleum production licences could be found to be flawed on the basis of the unintended legislative effect. Such a finding would have had very serious consequences for the confidence of the petroleum industry in carrying on business in South Australia, and the State’s ability to encourage future investment in the petroleum sector.” A South Australian parliamentary source said to The National Indigenous Times that Santos had provided confidential advice to the Government of their concerns about obstructive delays and negotiations with Title holders and claimants in the Cooper Basin – this is reminiscent of Woodside and Fortescue companies in recent weeks having been found to have provided confidential advice to the Western Australian Government to remove certain perceived encumbrances to their mining projects.

Of the 69 parliamentarians in the two Houses who voted for the Bill, only three voted against it – Mr Parnell and Tammy Franks of the Greens, and the Dignity for Disability Independent Kelly Vincent.

LINKS:

September 5 & 12 articles in The National Indigenous Times:

SA GOVERNMENT SHOCK PUSH TO SMASH NATIVE TITLE RIGHTS
Gerry Georgatos

In a shock move the South Australian Government will legislatively attempt to smash Native Title rights in pursuit of ensuring oil and gas agreements the Government has signed up to. The legislation is retrospective to 2000 and if it gets up will blow out of Court all existing legal merit by Native Title holders and claimants – cases currently before the Courts will lose their legal arguments.

This surprising move follows the Government’s dismay from BHP’s backflip on uranium mining expansion at Olympic Dam, when hyperboles were spluttered about what this would mean to the economy and job creation.

Arabunna Elder Kevin Buzzacott said to the National Indigenous Times it is typical of the SA Government to try to erode what few legislated land rights Aboriginal peoples have.

“I feel like a tiny voice because organisations like BHP Billiton and people like the SA government are so powerful,” said Mr Buzzacott.

“However it is my role to protect the old country.”

The SA Government passed indenture legislation last year to approve the Olympic Dam multi-billion dollar mine expansion only to see BHP pull out recently.

“So they have shown they will pass legislation when they want to,” said Mr Buzzacott.

SA Mining Minister, Tom Koutsantonis, only days ago introduced legislation to “provide certainly to petroleum producers in the Cooper Basin” The legislation if it gets up, which is likely, will remove the right of Native Title holders and claimants to negotiate conditions to protect cultural heritage.

“This is a theme across the country with WA trying to shatter the Aboriginal Heritage Act but the SA legislation is a huge step up and if it gets through it will set a precedent for every other State and Territory government. It is bad news for our peoples everywhere,” said WA’s Yeelirrie Elder Kado Muir.

The SA Government has signed deals with Delhi Petroleum, Origin Energy Resources and Santos, and if the legislation gets through it will allow the Government to secure outcomes and bypass Aboriginal peoples.

SA Native Title Services CEO Keith Thomas said Koutsantonis’ legislation proposal is intended to eliminate legal merit by the Yandruwandha Yawarrawarrka Native Title claimants in reference to the petroleum deals.

The Yandruwandha Yawarrawarrka are in the Courts however Mr Thomas said the Government has “done a back-door move to make sure that we don’t have that argument anymore.”

State Opposition Aboriginal Affairs spokesperson Duncan McFetrige limited himself to, “The lack of consultation is disturbing”.

SA Greens Mark Parnell who handles the mining portfolio said to the National Indigenous Times that he found the tabling of the legislation by Minister Koutsantonis without consultation “as bizarre, appalling and if Aboriginal peoples did not know about it then that’s just wrong.”

Mr Koutsantonis is pushing the line that petroleum production licences are at risk if the legislation does not get up.

The Federal Native Title Act 1993 requires negotiation between Aboriginal peoples with external stakeholders over cultural heritage. The Cooper Basin permits signed prior to 1993 means that they should face Native Title provisions.

The Commissioner for Aboriginal Engagement Khatija Thomes said there had been no consultation on any of the Koutsantonis legislation with Aboriginal peoples.

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