Aboriginal Way Issue 50, Oct. 2012 A publication of South Australian Native Title Services Fixing Our Country Aboriginal Groups across SA get involved to fix our country. Our very first Fixing Our Country participants from Sugar Shack. Aboriginal Heritage Act set for reform After significant delays in the “Indigenous groups and mining “This Government has clearly attempting, yet again, to blame Aboriginal review of the Aboriginal Heritage companies need to move into the demonstrated its attitude to Aboriginal people for a hold up in mining activities,” Act, the State Government recently 21st century, people with recent moves to remove said Mr Thomas. announced new legislation is being native title rights in relation to petroleum “I want to have legislation drafted by Chair of the Yankunytjatjara Native drafted for release toward the exploration and production in the Cooper Christmas so both groups are happy – Title Aboriginal Corporation, Tjaruwa end of the year. Basin and traditional fishing rights on everyone wants certainty,” he said. (Mary) Anderson said the Heritage Act the Yorke Peninsula. Now they want to Earlier this month, Mineral Resources is important for the protection of The Minister announced that the remove Aboriginal people’s rights in Minister Tom Koutsantonis said the Aboriginal sacred sites. Aboriginal Heritage Act needed to be proposed changes will ensure mining relation to Heritage and Mining,” said “freshened up” because red tape and companies speedy Aboriginal heritage SANTS CEO, Keith Thomas. “The mining companies are unaware approvals on new projects. of sacred Aboriginal sites and they legal challenges by Aboriginal groups “This government and the mining were delaying mining projects. might not know about men’s sites or South Australian Native Title Services industry need to think about complying women’s sites or water points that Mr Koutsantonis said the existing Ltd (SANTS) is extremely concerned with their statutory obligations to need protecting. Heritage Act is out-dated and that by the Minister’s comments and the negotiate with Aboriginal people rather it is time to catch up. government’s proposal. than diverting the focus from them and continued on page 6 Inside: New Bill seeks to remove native title rights 2 Anangu Cultural Survival Day 8 The Medics take out top music prize 12 South Australian Native Title Services appoints new CEO The Board of South Australian “I think native title “I think native title has progressed Native Title Services has appointed within South Australia and I am fairly Keith Thomas (pictured) as the new has progressed within confident that the remaining native title Chief Executive Officer. South Australia and claim groups will move through to get a native title outcome. We are in SANTS Chairperson, Mrs Lucy Evans, I am fairly confident a fortunate situation where we have a said that the Board is fortunate to have their native title rights and interests, to that the remaining native fair proportion of the native title claims secured the expertise of Mr Thomas develop economic opportunities and their already through the system. However, for the position. title claim groups will governance and management skills to this does present its own challenges move through to get a secure their native title into the future.” “I am pleased to announce the for us in terms of providing further appointment of Keith Thomas as the new native title outcome…” assistance to native title groups.” SANTS will be looking at aspirations that CEO. Mr Thomas’s strong leadership skills the Aboriginal groups in South Australia and commitment to native title makes Mr Thomas said he is pleased and SANTS continues to have its statutory have and if we can assist in some way for him a great appointment for this crucial honoured to be appointed as the Chief responsibilities in terms of assisting those groups to obtain those aspirations role and we look forward to working with Executive Officer and feels confident claimant groups to achieve native title, but then this will be a valuable step for him to deliver positive results for the about the future of the organisation we are now also looking at how best we SANTS as a the native title service Aboriginal Community,” she said. and the good work ahead. can assist native title groups to manage provider for South Australia,” he said. New Bill seeks to remove native title rights A Bill that seeks to retrospectively The Right to Negotiate procedure is “The Bill is not seeking to avoid the is the process – the State Government remove native title rights from an important right afforded to native operation of the Native Title Act. It is has not consulted properly with traditional owners in South Australia title groups through the Native Title Act simply seeking to clarify which part Aboriginal people. We first found out was passed in Parliament last month. 1993 (Cth). It provides for agreements of the Native Title Act will apply to about it an hour before it was to be to be negotiated between native title the licences in question,” he said. tabled in parliament, that is not the The Petroleum and Geothermal groups and other land users on important way we’ve been doing business and Energy (Transitional Licences) Traditional Owner, and Arabana native issues, including land access, protecting it’s not the way we should be doing Amendment Bill 2012 was urgently title chairperson Aaron Stuart criticised cultural heritage, compensation and business into the future. introduced to Parliament in early the way the Bill was introduced to providing consent for activities that September without any notice to or parliament and stated that it is the “Furthermore, Minister Koutsantonis affect native title. consultation with Aboriginal people. government that is uncertain, not has framed the Proposed Bill as an The Bill is intended to retrospectively the economic situation. attempt to correct a ‘mis-step’ and we The South Australian Commissioner of cover the grant of consolidated licences “The main argument is uncertainty for consider that this is misleading. The Aboriginal Engagement, Khatija Thomas, so that there is no obligation on the economic growth but the main concern Proposed Bill is not seeking to simply is dismayed at the passing of the Bill. Petroleum Company or the state of is for Aboriginal people, their heritage address an administrative mis-step, but South Australia to follow the Right She stated that the Bill flies in the and land, and that is being ignored. is an attempt to rectify, retrospectively, to Negotiate procedure. face of Government Rhetoric supporting Aboriginal people have to face the serious failures to comply with the the engagement of all South Australians Minister for Mineral Resources and uncertainty of this government Native Title Act”, he said. including Traditional Owners and every day,” said Mr Stuart. Energy, Tom Koutsantonis introduced Greens leader and Parliamentary demonstrates the government’s the Bill and stated that the application “I call this blue ribbon administrative Member, Mark Parnell said in passing willingness to side with Big Business of native title procedural rights with racism done within the walls the Bill without consulting Aboriginal no matter what the cost. respect to these particular licences of our parliament – by doing this South Australians, the Government is was an ‘unintended consequence’ “First, the process adopted by the the first people, like always, become setting a low standard that mocks the and that there is a ‘need to provide Government to introduce the Bill without the oppressed – taking away their historical Mabo decision. certainty to petroleum producers in notice to Aboriginal people is contrary rights again by another cowboy the Cooper Basin’. “The Government has shown contempt to international law requiring that only individual that calls himself a Minister,” for all South Australians, but especially free, prior and informed consent be “All parties had assumed for the past 10 he said. for Aboriginal South Australians, by given by Aboriginal people for decisions years since the Petroleum and Geothermal SA Native Title Services CEO Keith refusing to consult the affected groups, such as the one to remove a native title Energy Act was enacted that licences Thomas said the South Australian in clear breach of its commitment to right. Second, the Bill undermines our created under early legislation could be Government’s actions put an ‘consult and decide’. When pushed to democratic processes,” she said. renewed without the right to negotiate unwanted strain on its relationship justify the obscene haste in passing applying. It was thought that the specific The Bill seeks to block the ‘Right to with Traditional Owners. this racially discriminatory Bill, the part of the Native Title Act that allows for Negotiate’ procedure from Aboriginal such renewals applied. The government “The proposed Bill affects Traditional Government could not produce a people in relation to certain petroleum has now put before parliament a bill that Owners in a couple of different ways. single shred of evidence of harm production licences granted to seeks to clarify that it did not intend the Firstly, it removes their right to negotiate or disadvantage to the big mining petroleum producers in the Cooper grant, renewal or consolidation of those in relation to petroleum production on companies. They trashed Aboriginal Basin, including Santos Limited. licences created under earlier legislation their country and secondly it hinders the