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Hansard 25 August 1993

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Hansard 25 August 1993 Legislative Assembly 3825 25 August 1993 WEDNESDAY, 25 AUGUST 1993 Police Staffing, Burleigh Electorate From Mrs Gamin (22 signatories) praying for action to be taken to boost police numbers in the Burleigh electorate. Mr SPEAKER (Hon. J. Fouras, Ashgrove) read prayers and took the chair at 2.30 p.m. Dryander National Park From Mrs Bird (16 signatories) praying PETITIONS that the Parliament of Queensland will reject any motion to revoke the dedication of the The Clerk announced the receipt of the area of Dryander National Park adjacent to the following petitions— eastern arm of Double Bay. Kindergarten Funding Child Molesters From Mr Ardill (77 signatories) praying From Mr Laming (285 signatories) that sufficient funds be provided in the 1993- praying that the parole period be removed 94 Budget to enable State Education when sentencing child molesters, that Department Subsidies (SEDS) to continue to offenders are given and serve maximum provide adequate funding for community sentences and that their names be released kindergartens and that extra funding be also for publication. provided for the Creche and Kindergarten Association. Similar petitions were received from Dr Gatton and Grantham By-pass Watson (71 signatories), Mr Perrett (49 From Mr FitzGerald (391 signatories) signatories), Mr Littleproud (55 signatories), praying that urgent action be taken to Mr Campbell (54 signatories), Mr Santoro (23 complete the four lanes of the Gatton and signatories), Mr Beanland (44 signatories), Mr Grantham by-pass. J. N. Goss (25 signatories), Mr T. B. Sullivan (39 signatories), Mr Stephan (60 signatories), Mr Rowell (31 signatories) and Mr Pearce (70 Abortion Law signatories). From Mr Livingstone (201 signatories) praying that sections of the Queensland Criminal Code which make abortion unlawful Ambulance Service be repealed and that abortion services be From Mr Perrett (35 signatories) praying established in the public hospital system and that the Parliament of Queensland will object community based women’s health centres to the proposed tax for the Ambulance with no charge attached to this service. Service. A similar petition was received from Mr Bridge, King John Creek J. N. Goss (11 signatories). From Mr J. H. Sullivan (7 signatories) praying for action to be taken to ensure that Crown Lease Rental Fees the bridge at King John Creek at Caboolture From Mr Laming (45 signatories) praying be demolished and reconstructed. for action to be taken to alleviate financial hardship caused by the proposed increase in West End Infants School Crown lease rental fees implemented on 1 July 1993. From Ms Spence (824 signatories) praying that the Parliament of Queensland will ensure that the West End Infants School be Railway Services not merged with the West End State School. From Mr Stephan (302 signatories) praying that the Parliament of Queensland will Service Station, Sunshine Motorway enact legislation which secures the services provided by 29 railway branch lines which are From Mr Laming (115 signatories) to be closed. praying for the development of a 24-hour service station to replace the existing A similar petition was received from Mr Mooloolaba toll booth on the Sunshine J. N. Goss (26 signatories). Motorway. 25 August 1993 3826 Legislative Assembly Sherwood-Auchenflower Railway Service References, dated 16 and 20 July 1993, and 5 August 1993 of reviewable local From Mr Beanland (1 049 signatories) government matters to the Local praying that the current peak hour rail services Government Commissioner by the be retained on the Ipswich line from Sherwood Minister for Housing, Local Government to Auchenflower stations. and Planning. The references relate to the City of Charters Towers and the Shires of Esk, Moreton and Mundubbera. Horse Races From Mr Stephan (813 signatories) PAPERS praying that rule 35 be upheld which would allow races under 800 metres in conjunction The following papers were laid on the with existing turf clubs meetings in table— Queensland. (a) Minister for Housing, Local Government and Planning (Mr Mackenroth)— Housing Commission Rentals (i) Preparation of Explanatory Notes for Bills—Guidelines From Mrs Gamin (66 signatories) praying for the necessary action to be taken to cease (ii) Reports in accordance with section the practice of assessing totally or partially 421 of the Local Government Act of incapacitated war disability pensions as the Local Government Commissioner income for the purpose of calculating Housing in relation to Reviews of Internal Commission rentals. (Electoral) Boundaries— City Councils— Gateway Arterial Brisbane, Gympie, Logan, and Mt Isa From Mr Nuttall (39 signatories) praying Shire Councils— for action to be taken to alleviate noise from vehicles travelling on the Gateway Arterial Atherton, Belyando, Balonne, road between Depot Road, Deagon and Boonah, Boulia, Calliope, Brackenridge Road at Brackenridge, to limit Etheridge, Herberton, the volume of heavy vehicles and the hours Inglewood, Kilkivan, Kingaroy, Millmerran, Mulgrave, Peak they travel and to ensure that no expansion of Downs, Quilpie, Redland, the road takes place without consultation with Rosalie, Stanthorpe, Tara, residents. Wondai, Wambo, and Widgee (b) Minister for Lands (Mr Smith)— Animal Welfare Act From Mr Grice (96 signatories) praying Reports for 1992-93— that the Animal Welfare Act be not changed. Land Tribunal established under the Torres Strait Islander Land Act 1991 Petitions received. Land Tribunal established under the Aboriginal Land Act 1991 STATUTORY INSTRUMENTS Ordered to be printed. In accordance with the schedule circulated by the Clerk to members in the Chamber, the following documents were MINISTERIAL STATEMENT tabled— Mabo Dairy Industry Act— Hon. W. K. GOSS (Logan—Premier and Direction given by the Minister for Primary Minister for Economic and Trade Industries to the Queensland Dairy Development) (2.37 p.m.), by leave: As this Authority dated 22 June 1993 House is aware—— Local Government (Planning and Environment) Mr Stoneman interjected. Act— Mr SPEAKER: Order! The member for Planning Schemes (Approval of Burdekin! Amendments) Order (No. 54) 1993 Mr Borbidge interjected. Local Government Act— Legislative Assembly 3827 25 August 1993 Mr SPEAKER: Order! Honourable and that it will be achieved in the immediate members, I will not allow that type of future. exchange across the table. During the course of developing the Mr W. K. GOSS: As this House is aware, national resolution, a number of cases have on 3 June 1992 the High Court of Australia been commenced in a variety of courts by delivered its decision in Mabo v. State of Aboriginal and Torres Strait Islander people. Queensland. The High Court held that certain Other litigation has been threatened. Of land in the Murray Islands is subject to native particular concern to me was the action title. commenced by the Wik peoples on 30 June Mr Borbidge interjected. 1993 in the Queensland registry of the Federal Court of Australia. Before describing Mr SPEAKER: Order! I warn the Leader the elements of their action, it should be of the Opposition under Standing Order 123A. noted that the Wik peoples commenced that Mr Cooper interjected. action without first giving the Queensland Mr SPEAKER: Order! I warn the member Government any indication of their concerns. for Crows Nest under Standing Order 123A. The Queensland Government remains Honourable members, a ministerial statement prepared to consult with the Wik peoples to is being made and I am going to hear it. explore principles upon which a negotiated outcome may be achieved. The Wik peoples Mr W. K. GOSS: The decision has have named nine respondents, including the substantially altered our understanding of the State of Queensland, the Commonwealth of law in relation to the discovery and settlement Australia and Comalco Aluminium Limited. of Australia. In particular, the decision has set aside the doctrine that Australia was terra The Wik peoples have claimed native title nullius and has acknowledged the entitlement to— of indigenous people to obtain legal (i) land south of the Embley River in recognition of native title to land to which they Cape York; are connected. (ii) the adjoining tidal land; On 18 March 1993, in response to a (iii) the adjoining sea and sea-bed; and question without notice from the member for Ipswich West, I advised this House of the (iv) minerals in those areas. latest developments, as they related to Based on their native title, the Wik Queensland, on Mabo. I advised this House peoples claim that the State of Queensland that Mabo was a very important issue for all and others— Australians, particularly Aboriginal and Torres (i) owed and still owe a fiduciary duty to Strait Islander Australians. I indicated that it the Wik peoples; also has significant consequences for other central interests, including major investors, in (ii) owed and still owe a duty of trust to particular, the mining industry. I then advised the Wik peoples; this House that the Commonwealth (iii) failed to accord them procedural Government had announced a process to try fairness; to clarify the meaning of Mabo. I indicated (iv) has been unjustly enriched; and that the Commonwealth Government needed to give the highest priority to the resolution of (v) breached the Racial Discrimination this issue for two reasons: first, because it Act 1975. offers an opportunity to achieve a better form The Wik peoples seek a variety of of reconciliation with Aboriginal and Torres remedies from the different respondents, Strait Islander peoples; second, to avoid an including— adverse impact on investor confidence in Australia. (i) declarations of invalidity of existing titles; In conclusion at that time, I reiterated that it was important that the Commonwealth (ii) damages for injury to or impairment Government, in cooperation with the States, of any native title; and work as a matter of priority to resolve this (iii) the accounting for of all profits and issue. Since that date, Commonwealth benefits derived in connection with Government officials and State Government existing titles which have been officials have worked assiduously towards a invalidly granted.
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