Senator SCULLION (11:55 AM) —The opposition will not be supporting the Greens amendments. as the Greens will no doubt be aware. Support for these amendments would in fact negate the intent of the government’s legislation. I would like to make a couple of comments. First of all, I acknowledge that it is not only this issue that is slowing down the building of houses, Senator Siewert. I have spoken about that often. Without berating them too much, not only this government but state and territory governments over time have found it very difficult to roll out both infrastructure and housing in what we would call a timely way. In this case, the government have found a pretty reasonable balance.

I know you say that the benefits provided appear, certainly from the evidence we had at the committee hearings, to be somewhat out of proportion to the potential loss of rights for that period of time. But I continue to support the government’s legislation, given that they have clearly given some thought to articulating a process of consultation—although it may not be an ILUA. I can cite an example, not with housing but with infrastructure, in the Western Desert last year. It was brought to my attention that we had a dialysis chair there. The only reason the dialysis chair had not been used for a long period of time was that the Central Land Council had not provided a permit to dig six metres across a public road to connect it to the existing power pole to enable telecommunications. There was no mischief from the Central Land Council, but it happened because putting in any infrastructure dictated this process. I commend the Central Land Council for their swift action when they were advised of the matter. Sometimes inadvertently these processes hold things up. They involve strict liability; we have to go down this path. The native title process is, as it should be, an exhaustive process that has exhaustive appeal processes. That is why this legislation is very important, given, as you acknowledge, the vital importance of us all striving to reduce the overcrowding in Aboriginal and Torres Strait Islander communities. I know you are a great champion of that, Senator Siewert. On balance, the reason that we do not support these amendments is that they remove the effect of the government’s amendment to the existing legislation.

As I said a little earlier, I think there is some uncertainty about whether native title would have an impact on this. The government have laid out an alternative process that seems to me to be quite reasonable. It gives people time but also puts an end to negotiations because, at the end of the day, these houses need to be built. If there are any blockages in the way, that will slow things down. We think, on balance, that it is absolutely, vitally important to remove any impediment. But, again, I do acknowledge that there are other impediments, through the state and territory governments, to the building of these houses.

Question negatived.