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Wednesday, 9 May 2012
Page: 3055

Muckaty Land Trust

(Question No. 1786)

Senator Ludlam asked the Minister representing the Minister for Resources and Energy, upon notice, on 26 March 2012:

With reference to the contract signed in June 2007 by the Commonwealth Government, the Muckaty Land Trust and the Northern Land Council, regarding the location of a nuclear waste dump:

(1)   Did the Northern Land Council receive a payment of $200 000 from the Commonwealth Government upon the acceptance of the Muckaty Land Trust nomination in 2009.

(2)   Does a clause in the contract allow traditional owner signatories to withdraw from the agreement.

(3)   If traditional owner signatories wish to withdraw from the contract, will recipients of funds from the initial disbursement of $200 000 be required to repay those funds.

Senator Chris Evans: The Minister for Resources and Energy has provided the following answer to the honourable senator's question:

(1)   In 2008, the Northern Land Council (NLC) received a payment of $200,000 from the Commonwealth Government following acceptance of the nomination. The NLC provided detailed advice regarding the payment in its oral testimony on 30 March 2010 to the Senate Legal and Constitutional Affairs Committee (at page 16 of transcript), and in a written response dated 28 April 2010 to questions on notice from the Committee (Senator Ludlam and Senator Crossin).

(2)   The site nomination deed was signed by representatives of the Commonwealth, the NLC and the Muckaty Aboriginal Land Trust, rather than by individual traditional owners in their own right. This accords with the structure and requirements of the Aboriginal Land Rights (Northern Territory) Act 1976. Accordingly any question of individual traditional owners withdrawing from the deed (or associated liability as to payments received) does not legally arise.

(3)   As explained above, individual traditional owners are not party to the deed under the Aboriginal Land Rights (Northern Territory) Act 1976. Accordingly, any question of such persons withdrawing from it (or associated liability as to payments received) does not legally arise.