Mrs STONE(11.50 p.m.) —The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 very properly aims to protect significant Aboriginal places and items that could be endangered. For example, perhaps a bulldozer might be inadvertently about to push down a tree with a carving on it or it could be that some items are going to be sold outside of Australia. It is a very important act.

In 1987 there was an amendment to the act which brought in a Victorian section: part IIA. This contains provisions quite different from those applying to the other states. For example, it includes inspectors who are given delegated authority under the act, as well as a three-part protection process. The intention of the act is that there be an emergency declaration made for up to 30 days. That is followed up by a temporary declaration if the problem persists and, finally, a permanent protection is put in place. Under stages 2 and 3, the permanent and temporary declarations, there is a right for the affected parties to have arbitration and appeal—and of course that is only right and proper. If it is a permanent declaration, compensation is available for the affected parties because it could involve some loss of property or amenity to them. All of that is absolutely reasonable, and the act is, as I said before, significant and very important for Australian Aboriginal heritage protection.

The trouble is that there is a drafting glitch. There is a time bomb buried in section 21C(3)(a) of part IIA, the Victorian section. It is totally unintended, but it allows the Aboriginal inspectors who declare an emergency situation to in fact spin over that emergency declaration stage 1 time and time again, making it so that those affected cannot appeal. There is no arbitration mechanism. The affected parties are stopped from carrying out any activities or planning over the area placed under the emergency declaration.

This is of extreme importance to me at the moment in the electorate of Murray. At Kow Swamp a local cheese factory, Kraft, intended to build a pipeline to dispose of some of their wash water. They doubled the size of their factory recently and invested many millions of dollars. That factory employs some 250 people. It is the only industry in the area. A big irrigation area is dependent on the manufacturing carried out by that factory. It exports most of its product. It is of great significance in my local area. There are also many farmers in that area, of course.

On 2 August, Kraft received an emergency declaration under this act from a local Aboriginal inspector representing the Yorta Yorta people saying that they were to stop any plans to build this pipeline to a property that they had acquired at the other end of Kow Swamp. At the same time, some farmers received the same declaration saying that they were to remove their cattle from areas of their properties and leasehold areas around the lake forthwith or be fined or imprisoned. They were, of course, quite stunned by these moves.

They immediately tried to negotiate with the inspector and the Aboriginal community that was represented by the inspector. In fact, so concerned were they that the Victorian state government, who administers this act, conducted a special audit of the heritage values of the area under the emergency declaration, and it has brought down a report which says there are no items of heritage value, no places at risk, in these areas that are under emergency declaration. However, the act is silent on what to do when you have a vexatious situation like this. This emergency declaration can simply be replaced again and again every 30 days or so or at will.

We have to amend this act. It is essential because, in the hands of vexatious people, it is a time bomb. It is a weapon to be used against people who are powerless. I am not talking about all Aboriginal people, just a very small number of people who are acting vexatiously at this time. I believe we need to amend this act urgently, and I will be looking at a private member's bill to do that shortly. An urgent solution is of enormous significance to the Australian people because this act is now being brought into disrepute by the actions of one or two people.