Senator HARRADINE(11.12 p.m.) —I think it is important to put on the record at least something about this, or my views about it, at all events. Clause 43(a) of the government's explanatory memorandum in relation to that on page 150 advises that the amendment bill commits the states and territories to implement alternative provisions for future acts affecting leased or reserved areas. The states and territories will only have to give native title holders the same procedural rights as other parties with an interest in the land, for example, the holder of a non-exclusive pastoral lease.

This amendment to the current right to negotiate provisions would be unacceptable. Native title holders whose lands are subject to pastoral lease or included in a national park or subject to Aboriginal statutory grants should not be deprived of the right to negotiation. Given that native title holders whose lands are vacant crown land will be assured by Commonwealth legislation of the right to negotiate, there is no justification for permitting the removal of that right from native title holders whose lands have been subject to state tenures granted to third parties before 1993 without their consent. If those tenures were granted before 1975 there is not even an entitlement for compensation for the interference with native title rights. That is my reason for opposing clause 43A.

The TEMPORARY CHAIRMAN —The question before the committee is that schedule 1, item 9, sections 43A and 43A stand as printed.

Schedule 1, item 9, sections 43A and 43A not agreed to.

The TEMPORARY CHAIRMAN —Senator Bolkus, would you care to move opposition amendments 118, 198, 203 and 355?