Antinuclear

South Australian Native Title Services (SANTS) legal case against govt’s discriminatory law

Aboriginal groups to challenge SA Govt’s legislation on oil, gas licences on constitutional, racial discrimination grounds, Adelaide Now, Valerina Changarathil October 08, 2012
THE State Government’s retrospective amendments to the Petroleum and Geothermal Energy Act affecting exploration and production licenses in the Cooper Basin area will be challenged in Federal Court on constitutional and racial discrimination grounds.

Aboriginal groups representative, the South Australian Native Title Services (SANTS), will file an appeal to this effect in an ongoing matter set for hearing early next year.

Late last month, Mineral Resources Minister Tom Koutsantonis initiated
the passage of the Petroleum and Geothermal Energy (Transitional
Licences) Amendment Bill, attracting widespread criticism from
indigenous groups, their representatives, lawyers dealing with native
title negotiations and from within the government itself……In
Parliament, Greens MLC Mark Parnell and MLC Tammy Franks opposed the
bill as did Dignity for Disability MLC Kelly Vincent who described the
bill’s passage as “unparliamentary, disrespectful and irresponsible”.

The bill was rushed through Parliament, without consultation with
landowners and without giving members a chance to understand its
implications, Mr Parnell said.

“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,” Mr Parnell said.

Native title expert and anthropologist Bob Ellis, who has worked with
the traditional landowners of parts of the Flinders Ranges, the
Adnyamathanha people, said the government’s move was “outrageous”.

“The government has effectively put petrol and gas explorers in a
primary position over the rights of the Aboriginal people.”

“There was no consultation, it was just slapped on the table,” he
said.  He said the native titles issue was a sensitive one for the
traditional landowners.  “For most groups, it is a sense of justice
and recognition of the occupation of their land,” he said.

Yandruwandha Yawarrawarrka Traditional Land Owners (Aboriginal
Corporation) chairperson Craig Allen said they were “tired of the
games and innuendos of the past 18 months”.

“All we want are sustainable agreements (with the companies) as
traditional custodians of the land,” he said.

It comes amid separate discussions being initiated by Minister
Koutsantonis to draft a new Aboriginal Heritage Act to speed up mining
approvals, opening up new areas in the Musgrave Ranges and Woomera
region.

“Given the lack of consultation in relation to the amendments… we
are now concerned they will adopt a similar lack of engagement in
relation to the Aboriginal Heritage Act,”  SANTS CEO Mr Thomas said.

Only land such as vacant crown land, national parks and possibly some
leased land, where the lease is subject to Aboriginal rights of access
to the land, can be subject to  claims by the Aboriginal owners.

Aboriginal land accounts for 19 per cent of the land of South
Australia. http://www.adelaidenow.com.au/business/sa-business-journal/aboriginal-groups-to-challenge-sa-govts-legislation-on-oil-gas-licences-on-constitutional-racial-discrimination-grounds/story-e6fredel-1226490851906

October 9, 2012 - Posted by Christina Macpherson | aboriginal issues, South Australia