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Aboriginal Law Bulletin |
The High Court granted Newcrest Mining Ltd special leave to appeal against decisions by the Labor Government in 1989 and 1991 to ban mining at Coronation Hill (Guratba) in southern Kakadu National Park, Northern Territory. The mining had been banned in part to prevent damage to Indigenous sacred sites in the area. The Commonwealth could be liable for millions of dollars damages to be paid to the mining company should it lose the appeal. The Gimbat area, in which Coronation Hill (Guratba) is located, had been handed back to its traditional Jawoyn owners in a ceremony on 31 January 1996.
An Aboriginal man incarcerated in Goulburn Gaol, NSW, died in an ambulance on the way to hospital shortly after having been found stabbed in the chest, neck and head.
Tom and Wendy Chapman, the developers whose proposed bridge between Goolwa and Hindmarsh Island (Kumarangk) in South Australia was banned by the former Labor Aboriginal and Torres Strait Islander Affairs Minister, Robert Tickner lodged a $12 million compensation claim in the SA Federal Court. The negligence suit is the first of four claims which will be lodged against the former Minister. The claim is for personal damages, and not those arising from the Chapman family company, Binalong Pty Ltd, having been placed in receivership in 1995 with debts of $20 million. Damages sought include $6.2 million in delayed profits, $1 million in investment losses, and compensation for 'enormous' financial pressure and 'trauma' at $500,000.
The Indigenous Workers Union of Australia, representing over 12,000 Indigenous workers, commenced legal proceedings against the ACTU because of a circular issued on 2 February by the ACTU's then president, Mr Martin Ferguson. The action includes claims based on alleged breaches of the Racial Discrimination Act 1975, (Cth), the Trade Practices Act 1974 (Cth), and International Labour Organisation conventions. The circular said the ACTU would not recognise unions based on racial or ethnic background, or gender, and commented 'Aboriginal and Torres Strait Islander workers should be in the union representing their work-mates at the workplaces in which they work'. Mr Tony Amatto, president of the IWUA, said 'The ACTU seems to lack any real vision or acknowledgement of internationally recognised Indigenous people's rights to be self-determined'.
The NSW Attorney General, Mr Jeff Shaw, announced that a State Government funded Aboriginal Women's Legal Resource Centre would be opened in inner city Sydney by the middle of the year to provide Indigenous women with legal advice which they otherwise might not be able to obtain from the Aboriginal Legal Service, because of conflict of interest problems. The Centre will be expanded over the following year through sending case and field workers to regional centres.
Premier of South Australia, Mr Dean Brown, said his Government wanted to begin construction of a bridge between Goolwa and Hindmarsh Island (Kumarangk) 'as quickly as possible’, and that they would obviously be holding talks with the [new] Federal Government about the matter.
Ms Pauline Hanson, Member for Oxley in Queensland, described her winning of the seat in the 3 March Federal election as a ‘victory for the white community’, and said she would be representing people from all over her electorate ‘ apart from the Aboriginals and Torres Strait Islanders’. Mrs hanson ran as an independent after having being disendorsed by the Liberal Party upon making allegedly racist statements about Indigenous Australians.
The Queensland Government applied to have the appeal in the Wik People's native title claim in respect of pastoral leases on their traditional lands heard in the High Court. On 29 January 1996, Justice Drummond of the Federal Court; handed down a decision in which he said the Queensland Government had the power to grant pastoral leases over Crown land, despite 19th century legislation to the contrary...Such an appeal would bypass the need for a hearing before a full Federal Court bench.
The Hon John Herron, Senator for Queensland was sworn in as Minister for Aboriginal and Torres Strait Islander Affairs in the Howard Ministry.
The NSW Aboriginal Affairs Minister, Dr Andrew Refshauge, said he would not intervene in a dispute over the proposed forced relocation of Indigenous families from the area known as The Block in Redfern, Sydney. He said the dispute was best left to the different Indigenous groups concerned to sort out themselves, without his interference.
The Prime Minister, Mr John Howard, told the President of the National Farmers' Federation, Mr Donald McGauchie, that confirmation of certainty of title for pastoral lease holders was a priority for the Government. Meanwhile the Attorney-General, Mr Daryl Williams, said the Government would attempt to pass legislation amending the Native Title Act 1993 (Cth) through Federal Parliament by the winter recess, though was not sure this could be achieved.
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URL: http://www.austlii.edu.au/au/journals/AboriginalLawB/1996/23.html