Page 1793 - Week 07 - Tuesday, 15 June 1993
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Due to the leasehold nature of land tenure in the ACT, which is a consequence of Commonwealth legislation, the implications of the Mabo decision for the ACT are not straightforward. It is very unlikely that existing residential, commercial or rural leases will be affected by a Mabo-style claim. If, however, it were to prove necessary, the Government is prepared to take whatever steps are needed to protect the rights of existing leaseholders. It should be remembered that prior to early 1989 the Commonwealth Government was responsible for land management in the ACT and that the Commonwealth Government continues to have a special interest in the Territory as the home of the nation's capital and as owner of all land here.
With this in mind, whether or not a national approach is eventually agreed to, the ACT Government will need to work closely with the Commonwealth Government to explore the implications of the Mabo decision for existing leases and to address any consequences which may emerge. In addition, the future both of land administration in the Territory and of the issues concerning Aboriginal and Torres Strait Islander peoples will need to be addressed jointly. It is particularly important that we work closely with the Commonwealth Government in relation to land leases issued since 1975, when the Commonwealth Racial Discrimination Act came into effect. It is worthy of note that at the Council of Australian Governments meeting one of the offers which the Commonwealth Government made to heads of government was to facilitate the validation of the leases issued since 1975 and to pick up the entirety of any compensation payments required. I am disappointed that the council's failure to reach agreement on a national response to the Mabo decision has obstructed consideration of this offer by governments.
Against this background I wrote to the Prime Minister on Friday, 11 June, to make the ACT position clear in the aftermath of the Council of Australian Governments meeting. Firstly, Mr Deputy Speaker, I reiterated my belief that a broad and national approach is required. In so doing I supported Premier Fahey's call of the previous day that senior officers of all jurisdictions meet before the forthcoming financial Premiers Conference to see whether obstacles to a national approach can be removed. I also indicated that the ACT supports the terms of the national approach the Commonwealth tabled during the later part of the COAG meeting and that many aspects of it are capable of bilateral implementation in the event that it or an alternative national formula cannot be agreed. I also sought information on the legislation that the Prime Minister has foreshadowed the Commonwealth will prepare, since it is likely to create the framework within which the ACT will need to respond, at least in legal terms. Finally, I have suggested that Commonwealth and ACT officers meet quickly to advance matters.
In relation to future grants of land leases in the Territory, the Government will work with urgency to identify whether any land may be affected by the Mabo decision and whether our land administration procedures need to be amended to satisfy the requirements of the Racial Discrimination Act. This will also involve us in working closely with the Commonwealth Government.
However, as I mentioned earlier, the Mabo decision is not about just land administration matters. Nor does it call for a purely legal response. As Ms House's claim on behalf of the Ngunnawal and other Aboriginal peoples against the Commonwealth, New South Wales and ACT governments illustrates,
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