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Wednesday, 3 December 1997
Page: 10242


Senator MARGETTS(12.46 p.m.) —The Greens-Democrats amendment No. 179 was potentially in conflict with amendments which did not get the support of the Senate, so it is my understanding amendment No. 179 will not be a problem to move. So I move:

(179)   Schedule 1, page 131 (after line 10), after item 45, insert:

45A Paragraph 239(c)

   After "Territory", insert "or by any person where the act is permitted to be done under a law of the Commonwealth, the State or the Territory".

45B At the end of section 239

   Add:

      or

      (d)   any person pursuant to a grant, licence, permission or authority made or given under a law of the Commonwealth, the State or the Territory.

This amendment ensures that compensation for pastoral activity which extinguishes or impairs native title is payable by government, not individual pastoralists, by amending the definition of act attributable to the Commonwealth, a state or a territory from section 239.