Antinuclear

South Australia’s Aboriginal Heritage Act requires TRUE consultation with Traditional Owners

the chair of the Andyamathanha Traditional Land Association, Vince Coulthard, says the aim of the Supreme Court challenge was not to block mining, but to challenge Government process.

He says Aboriginal Affairs Minister Grace Portolesi is legally required to consult with Traditional Owners before making a decision on exploration. But Mr Coulthard- who received the Premier’s NAIDOC award last year for work in his community- says that process never occurred

Aboriginal leader hits back at mining claim ABC News, 16 Jan 12, An Aboriginal leader in South Australia’s far north has rejected claims by explorer Argonaut Resources that the state’s Aboriginal Heritage Act is anti-mining.

In 2010, the Government granted Argonaut a licence to explore 6300 hectares of land near Lake Torrens in a joint venture with Straits Resources. Traditional Owners appealed against that decision, taking their case
to the South Australian Supreme Court. Their appeal was upheld, prompting Argonaut to claim the Act gives too
much power to Traditional Owners to veto mining…….
the chair of the Andyamathanha Traditional Land Association, Vince Coulthard, says the aim of the Supreme Court challenge was not to block mining, but to challenge Government process.

He says Aboriginal Affairs Minister Grace Portolesi is legally required to consult with Traditional Owners before making a decision on exploration. But Mr Coulthard- who received the Premier’s NAIDOC award last year for work in his community- says that process never occurred.

“There’s no way that the Supreme Court blocked mining,” he said.

“There never was an intent to block the mining companies. It’s how the
Minister’s gone about using the Aboriginal Heritage Act.

“There’s no piece of legislation in Australia that provides Aboriginal
people with the veto of mining…..
“So we’ve got to be able to work with what powers we do have and in
the case of Lake Torrens, this was against the Minister using the
Aboriginal Heritage Act- the very piece of legislation that was put in
place to protect Aboriginal sites through South Australia- against
Aboriginal people.”….
The South Australian Government has until Thursday to appeal to the
High Court against the Supreme Court’s
decision….http://www.abc.net.au/news/2012-01-16/mining-exploration-blocked-by-sa-court/3775334

January 17, 2012 - Posted by Christina Macpherson | aboriginal issues, legal, South Australia | South Australia