Senator MINCHIN (Special Minister of State and Minister Assisting the Prime Minister)(9.43 a.m.) —I will put on the record the government's position on these matters. It is true that under section 211 of the current act native title holders are able to exercise certain native title rights which are stated as hunting, fishing, gathering or those involving cultural or spiritual activities without needing to obtain a licence or permit. That is preserved prima facie, but we have put in item 31 to make it clear that that special exemption to native title holders does not apply where the law under which the licence or permit is granted only allows the activity covered by the permit to be carried out for the purposes of research, environmental protection, public health or public safety. Therefore, like everybody else, in those circumstances, native title holders would need the requisite licence or permit. We think that is an important matter of public policy.

The note inserted by item 32 simply makes it clear that where native title holders do exercise their native title rights under section 211, they have got to do so in accordance with generally applicable laws regulating that activity, which means things like being subject to the normal criminal laws of the state. We think that is essential to ensure certainty about what laws apply to what people and to make clear something which I would have thought was important from a coexistence point of view and a reconciliation point of view—that native title holders, like every other member of the community, are subject to the general laws of the community, for example, the criminal law. So it does not interfere with the essential right to engage in native title activities with those two caveats which we think, from a public policy point of view, are important.