August 2018 • www.nlc.org.au Land Rights News • Northern Edition 1 August 2018 Issue 3 Illustration © Nick Bland McArthur River Mine: Borroloola: Youth Detention: NLC objects to Public policy failure – p13 Royal Commission two approval – p12 Lead in water – p16 years on – p23 2 Land Rights News • Northern Edition August 2018 • www.nlc.org.au A WORD FROM THE CHAIR This year’s Barunga Festival was a momentous event. ANNUAL REPORT AND RACISM Huge crowds attended to mark the 30th anniversary of the 1988 Festival, where Prime Minister Bob Hawke It’s that time of year when the NLC’s resources are was presented with the Barunga Statement. focussed on the production of our Annual Report. Now we have the Barunga Agreement, a Memorandum I’m pleased to record that we received a Silver Award of Understanding between the Northern Territory for Distinguished Achievement in the Australasian Government and the four Northern Territory land Reporting Awards for our 2016/17 Annual Report. councils, which was signed on 8 June, the first day of The 2017/18 Annual Report won’t be tabled in this year’s Festival. Parliament until later this year, but I want to report The MoU lays the foundation for consultations with what I have written in this report about racism: Aboriginal people about how to advance a treaty I’ve been deeply disappointed about the tone of public (or, treaties). With the chairs of the three other land discourse over the past few months, especially on councils, I was proud to sign the MoU on behalf of the social media, about Aboriginal rights. NLC. Chief Minister Michael Gunner, who’s been a The ongoing hearing by the Aboriginal Land committed driver of the treaty project, signed on behalf Commissioner of land claims over beds and banks, of the NT Government. the official gazettal in March 2018 of the Kenbi Open Barunga was also the venue, in the week before the Area Declaration over beaches and the intertidal zone Festival, for a meeting of the four NT land councils. of Aboriginal land in the Cox Peninsula vicinity, The NLC met alone for the first day and a half before our stance on the NT Government’s PastoralLand we sat down with the other three land councils. We all Legislation Amendment Bill, and, even, the early four are working harmoniously together on a range moves towards negotiation of a treaty with the NT of policy matters of important common interest, like Government and Aboriginal peoples have all provoked reform of the Aboriginals Benefit Account. offensive and racist reactions from elements of the The joint meeting was also an opportunity for the public. before (and many years after) the Land Rights Act was Joint Select Committee on Constitutional Recognition More than 40 years after the enactment of the introduced. Relating to Aboriginal and Torres Strait Islander Aboriginal Land Rights (Northern Territory) Act 1976, I can only hope that decency is soon restored. Peoples to attend and hear from our members. The some people still can’t accept the rights that flow from committee came equipped with all the paraphernalia that very special Commonwealth legislation. Samuel Bush-Blanasi necessary to record the proceedings for Hansard and The climate of hostility against efforts by the NLC Chairman had many questions for our members about their views to advance the interests of its Aboriginal constituents on the Uluru Statement from the Heart and the need for reminds me of the bad old days in the Northern Territory Constitutional reform. Joe Morrison Awarded Honorary Doctorate already has a degree in land management from the University of Sydney. Labor Senator Pat Dodson, who received an Honorary Doctorate of Letters from the same university in 2012, attended the ceremony. Mr Morrison also delivered the Occasional Address at the UNSW’s Faculty of Science graduation ceremony.He told the assembled graduates: “I’m a believer that leadership isn’t automated or bestowed but it can be grown and I believe that completing tertiary education is an important step towards being part of a large team of people that can make a difference, to ensure humanity builds resilience so that our children can enjoy a great world like we do, everday. “I have been blessed by having strong team members around me throughout my whole life and that is a large part of why I am standing in front of you today. “An important piece of advice I have is to follow your dreams, whatever they may be, he University of New South Wales has official citation said the honourary degree use your degree as a launch pad to go forth. conferred an honorary degree, Doctor was in recognition of his eminent service My dream is of Australia as a nation that Tof Science, on the NLC’s CEO, Joe to the field of Indigenous leadership and embraces Indigenous people fully and vice Morrison, at a ceremony on 22 June. The environmental stewardship. Mr Morrison versa.” August 2018 • www.nlc.org.au Land Rights News • Northern Edition 3 Government agency denies income to Native Title holders An Australian Government-funded program testing for proponents which are a party to native title agreements which hold Exploration Permits and have been enriched minerals and energy sources in the Northern Territory with the NLC to engage local Aboriginal people as because Geoscience Australia’s seismic surveys have is benefitting mining and petroleum exploration “cultural monitors” to ensure that field activities avoid saved their having to do the work: Gina Rinehart’s companies and denying native title holders an income sacred sites. The cultural monitors are fairly paid for Hancock Prospecting Pty Ltd, and Armour Energy, an stream they could expect to receive if the mining this work. ASX listed company. companies were doing the work themselves. Geoscience Australia has not entered into any NORTHERN TERRITORY GOVERNMENT Geoscience Australia promotes itself as the nation’s agreements with the NLC for work it has conducted trusted advisor on the geology and geography of so far in the NLC region, and the NLC estimates that The NLC has also written to the Northern Territory Australia: “We apply science and technology to native title holders have missed out on several hundred Government’s Department of Primary Industry and describe and understand the Earth for the benefit of thousand dollars in compensation which would have Resources, concerned that the NT Geological Survey Australia,” its website says. been due if exploration companies had done the work; (NTGS) has not advised the NLC of activities under nor has Geoscience Australia engaged Aboriginal the EFTF. But benefits have not flowed to native title holders cultural monitors. or traditional Aboriginal owners in the NLC region “Given the NTGS has been tasked with managing from Geoscience Australia’s “Exploring for the The NLC has told Geoscience Australia that it should the stakeholder notification aspects of Geoscience Future” program (EFTF), described as “a $100.5 act as a “model proponent” by ensuring that native Australia’s EFTF program in the Northern Territory, millioninitiative by the Australian Government title parties are not negatively affected and further the NTGS should provide notification to the NLC in dedicated to boosting investment in resource disadvantaged by its programs: “In this regard, relation to field activities undertaken both directly by exploration in Australia.” Geoscience Australia should continue to set the the NTGS and by third parties via the EFTF and other standard for industry to follow.” such programs,” the NLC wrote. The four-year program focusses on northern Australia and parts of South Australia to gather new data and The NLC has proposed Geoscience Australia negotiate The NLC said it is standard practice for private-sector information about the potential mineral, energy and an agreement with respect to the EFTF program, with proponents which are a party to native title agreements groundwater resources beneath the surface. minimum conditions: or agreements under the Aboriginal Land Rights Act to notify the NLC and convene on-country consultations The NLC has written to Geoscience Australia, A provision for compensation (the NLC proposes a in advance of field activities being undertaken. expressing concern that recent seismic surveys under rate of 5% of expenditure on field activities). the EFTF program over granted exploration titles has “Further, it is accepted as good practice for commercial Measures to ensure the protection of sacred sites and meant that private sector seismic work programs are proponents to engage local Aboriginal people (via other culturally sensitive areas. heavily reduced in terms of scope and expense, “or the NLC) in their capacity as ‘cultural monitors’ made redundant in their entirety”. A requirement for consultation with native title parties to participate in field activities to ensure that sacred and traditional Aboriginal owners, and for the NLC to sites are avoided and as a matter of cultural courtesy Exploration programs by mining and energy companies be notified in advance of field activities. whenever work is undertaken on their traditional over native title land are negotiated with the NLC, and lands.” entitle native title parties to a percentage of the cost of The NLC wants the agreement to be backdated to the work by way of compensation payments. provide compensation for work already done under the The NLC has asked that the Department of Primary EFTF program. Industry and Resources enter into an agreement similar Further, it is standard practice for private sector The NLC has identified two exploration companies to that proposed with Geoscience Australia. A seismic survey gathers information about the location and characteristics of geological structures beneath the Earth’s surface. This information is used to produce maps of structures identifying areas where petroleum deposits are more likely to be found.