2008 Press Release

PR318 

ATSILA Act a Blow to Indigenous Economic Development 

For Immediate Release 26/6/2008

The Torres Strait Regional Authority (TSRA) has expressed serious concerns that the Aboriginal and Torres Strait Islander AmendmentAct 2008 (ATSILA Act), passed on 13 May 2008, will unravel years of progress in relation to Torres Strait Islander land rights.

Chairperson for the TSRA, Mr. John (Toshie) Kris, said that despite the recent climate of optimism about Australian Indigenous Affairs, the Queensland Government’s ATSILA Act diminishes the ability of Torres Strait Islanders to harness the economic benefits of native title.

“The Australian Government has in recent times, made much of the need to abandon a solely ideological approach to Indigenous Affairs in favour of practical change that delivers measurable and substantive results for Aboriginals and Torres Strait Islanders”, said Mr. Kris.

“In a speech delivered by The Honourable Jenny Macklin at James Cook University on 21 May 2008, the Minister highlighted the important role that land rights plays in this respect, saying that properly structured property rights to land are a key component in expanding commercial and economic opportunities for Aboriginal and Torres Strait Island people.

“Specifically, native title and the economic benefits potentially arising from lease agreements between Traditional Owners and private industry, provide an obvious opportunity.

“Unfortunately, the compulsory acquisition amendments in the ATSILA Act undermine the ability of Torres Strait Islanders to realise the commercial potential offered by native title.    

Prior to the passing of the ATSILA Act, the TSRA wrote to the Queensland Minister for Natural Resources and Water outlining concerns regarding a number of amendments that the Bill made to the Torres Strait Islander Land Act 1991, the most concerning of which related to the compulsory acquisition of land by Government agencies.

The Bill presented on 17 April 2008 however, reflected a distinct policy reversal in relation to the acquisition of land and contained additional amendments that were not subject to community consultation within the Torres Strait.

 The Bill:

• removed the requirement for an Act of Parliament to expressly allow a compulsory acquisition of land in the Torres Strait;
• omitted the minimum 9 month mandatory negotiation process, and
• did not require infrastructure to be ‘essential’ for the community in which the land is being compulsorily acquired.

Mr. Kris said that the passing of this Act is a backwards step for Torres Strait Islander communities.

“All claims to native title in the Torres Strait region with the exception of Mer Island, were consented to by the Queensland Government.

“Through the land acquisition amendments in the ATSILA Act, that same government now seeks to ‘qualify’ those native title rights to the extent that they are effectively rendered worthless.

“The current legislation also fails to reflect Australian Government policy.  Not only was the final version of the ATSILA Bill drafted without consultation with the Torres Strait Islander community, but it does not require infrastructure to be essential for the community in which land is acquired.

“As the Native Title Representative Body for the Torres Strait Region, the TSRA agrees with the concept of expedient delivery of essential infrastructure to remote communities in the Torres Strait, but believes that communities should have an enforceable right to negotiate the delivery of such infrastructure, as well as the right for the non-extinguishment of native title to apply.

“Prior to the ATSILA Act being passed on 13 May 2008, the TSRA recommended the removal of the compulsory acquisition provisions until further consultation is carried out with communities in the Torres Strait.

“Those recommendations were ignored and the amended legislation further weakens the leverage for Torres Strait Islanders to negotiate economic and social benefits”, said Mr. Kris.

ENDS

TSRA Media Contact: Ana Talko. Ph: 07 4069 0700