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Tonight - the Mabo of the

seas - Aborigines win control

of a coastline. It's an

enormous ly important precedent

for the rest of indigenous

Australia. Climate change

confusion - Brendan Nelson

admits it's his fault. Making

it tough to puff - smokers face

more restrictions and the

State's public servants raise

the alarm over wages. Good evening. Juanita

Phillips with ABC News. It's

seen as one of the most

significant rulings in years.

The highest court in the land

has granted unprecedented right

over water to Aborigines in the

Northern Territory. Objections

from the Territory Government

were ignored, as traditional

owners won control over tidal

waters along 80% of the coastline. The decision

restricts access to lucrative

fishing areas in Arnhem Land

but the big question tonight is

will it be used as a precedent

in other States? It's been

described as the Mabo ruling of

the sea. And to the people of

Arnhem Land, it's no less

significant. Our struggle was

almost for 20 years. Now we had

this right now. Blue Mud Bay is

the tranquil setting for this

hisstor yib tussle. In question

were the teaming waters between

low and high tides. Rich with

barramundi, crab and trepang.

Traditional ores have been

fighting for exclusionive

access, today they got it. We

can take care, we can look

after the lands. The full bench

Northern Territory Government's of the High Court rejected the

appeal against an early Federal

Court ruling. I means

non-indigenous people will have

no access to the waters without

permission. This is an

unprecedented victory in terms

of recognising their rights in

resources in the way that we

haven't seen before. But the

question already being posed is

will the ruling be used as a

press dint by other coastal

communities around the

country Sn That's real lay

would expect they may raise matter for them and one they

with me in the future but I

will wait until we have those

discussion s. It's an

enormously important precedent

Australia. Already, government for the rest of indigenous

lawyers are picking through

today's judgment, searching for

implications. And hoping that

new legal rights don't create

new problems: I think the key

way thu tlu this is

commonsense. We would urge all

parties to show

commonsense. The demand from

the fish ing industry is clear

- compensation for the loss of

access. Given that this is an

act imposed been the Northern

Government they should be the Territory by the Federal

ones that are sending the

cheques. Indigenous waters with

snags to be negotiated. They've

talked and talked but confusion

still reigns over the Federal

Opposition's climate change

policy. Coalition MPs have

endorse add plan to proceed

slowly on emissions trading, but Brendan Nelson can't say

when he'd implement his scheme

if he wins office. Dr Nelson

has also accepted

responsibility for Coalition

weeks. Political correspondent policy shifts in the past few

Greg Jennett reports. In they

went, so did the whiteboard.

They came out, then it was

lunch. And back for more. How

comment. Eventually Brendan is it going in there? In

comment. Eventually Brendan

Nelson decleared victory on a

climate change policy that's

ensnared his leadership The

party room has entirely

endorsed the position and the

recommendation put to it by me

from yesterday's meeting. Yesterday's meeting

saw Dr Nelson pull back from

his harder line position in

favour of the policy written by Malcolm Turnbull. The party room has endorsed

room has endorsed the position

of the Shadow Cabinet. The

Coalition has endorsed an

emissions trading scheme but

doesn't want any detailed

design to happen before the end

of next year, when the world's

big emitters might show their

intentions. We don't believe it

can be done any earlier than

2011 and probably in 2012. The

fuzziness of the timing is

deliberate, those who wanted a

more open ended commitment are

chuffed at the wording. We are

no longer locked in to a policy

that was written before the

last election and never

endorsed by the party room

anyway. When pressed, Brendan

Nelson offers nothing more

precise on timing: It would be

done when it can be responsible

done as soon as practicable,

probably 2012, no earlier than

2011. We are, then we're not,

then we're laugh interested. I

don't really know where they

stand. Brendan Nelson has told

responsibility for climate his party he accepts

change policy confusion. His

goal all along was to

wrong-foot Kevin Rudd wret the

compromises he's made along the

way have simply unbalanced his

own leadership. How long will

you continue to support Dr

Nelson's leadership? Thank

you. No change on the usual

position, he added later. Air

safety investigators have

confirmed that an oxygen

cylinder was to blame for last

week's midair emergency on a

Qantas 747. Preliminary

investigations show a valve

burst pro polling it from the

cargo bay into the cabin where

it hit an exit door. The valve

has travelled vertically

through the aircraft and

glanced on the door handle and

impacted with the ceiling of

the cabin. The plane was forced

to make an emergency landing in

Manila where the explosion blew

a hole in the fuselage. Some of

the plane's oxygen masks didn't

work and they don't know why

the sill gin der burst and they

want to hear from

want to hear from any passenger

who had any trouble with their

mavenlth judgment is at hand

for Radovan Karadzic, the man

brand one of the world's most

notorious war criminals. The

former Baz niian Serb leader

has been flown into a fliz The

Hague. There he will wait

trial. There was tight security

and Blanchett TV coverage but

not one glimpse of the man that

not one glimpse of the man that

everyone wanted to see. The

63-year-old Karadzic was

smuggled out of Belgrade in the

dead of night hours after

ultra-nationalist supporters

went on the rampage. When

Karadzic was arrested after 13

year on the run he looked like

this but apparently he's shaved

off his beard ahead of his

first court appearance. Tough

new laws against smokers have

new laws against smokers have

been talked about a lot. And

finally it looks like they will

get the go ahead in the next

couple of months. The

Government has fought off

strong resistance from

retailers and tobacco companies

and says the new law also be

among the strictest in the

world. If the State Government

has its way, business for this

Sydney tobaconist is just about

to get tougher. The new laws

will mean we'll have less

customers. We will have to hide

all the tobacco product. Under sweeping reforms the Government

want s to stop the display of

all cigarettes in shops. The

visual lure of cigarettes is

almost impossible to deny. New

laws are aimed at helping smoke

kick the habit and stopping

young people from being

tempted. Getting tobacco out of

shops from open displays sends

an unmistakable message to the

community that these are not products like

products like bread and milk

and sweets. While cancer

researchers are tipping the

move could reduce the number of

smokers, in NSW by around

150,000, over the next couple

of years retailers fear a

backlash from frustrated

shoppers. It's a legal product

and what we don't want is folks

have been tobacco tantrums at

the cash register. Antismoking

campaigners say the new laws

are a significant as the ban on

cigarette advertising on

television back in 1976.

Tobacco companies say they're

unprecedented, over the top,

and there's no evidence to

suggest display bans reduce

smoking. The Government is also

tackling vending machines. They

will be banned from worps and

in other venues. Smokers will

have to trade cash for tokens

to buy cigarettes. Adults who

smoke with kids in the car

beware. On the spot fines with

the same powers that police

have got to enforce the mobile

phone law s, the seatbelt laws

and the driving with a dog in

your lap laws. While public

health campaigner are calling

it a major victory in the

battle against cancer, tobacco

companies and retailers say

they're left wondering how they

will make a living.

will make a living. Public

sector workers have ramped up

their campaign for a pay rise.

The unions were calling it a

day of action, holding rallies turnaround State. The

Government's offered to

increase their wages by 2.5%,

but the unions say that's not

good enough. In case the

Premier didn't get the message,

the unions took it to his

door. We want the message to be

to Morris Iemma, get serious,

withdraw this rid IOC lus 2.5%

wages cap and pay the workers

who are delivering a 4% wage

increase. They didn't shout it

from the roof tops but hung it

even higher. We're told to pull

it down before we left work,

but we're on strike now. If the

Government didn't see the

message, it could hardly turn a

deaf ear to it. This time it

was coming from the State's

fives. We want to -

firefighters. We want to make

sure our wages are not slashed

while politicians feather their

own pockets. Police also joined

the charge but not

charging. They will be using

their discress and for minor

offences they will be issuing

warning notices. Action by

ambulance office serious on

hold until another meeting with

the Health Minister on Friday.

Despite all the pressure, the

Government isn't budging. The

Government's policy remains

unchanged. And it didn't going

to change. But the union boss

reminded the Premier of an

erection election promise. Better services for

the people of NSW. You don't

deliver better services if

you're not paying people a

decent wage. In other words -

don't count on the union vote

at the next election. The

father of Carolyn Byrne has

broken down in court while

giving evidence at the murder

trial. Anthony Byrne wept as he

recalled a conversation he had

with his daughter in the months

before her death. He said she

assured him her boyfriend

Gordon Wood would never hurt

her but the relationship was

strained because of a fallout

with wood ood's boss Rene

Rivkin. It's alleged he threw

his girlfriend off a cliff in

June 2005 the jury spent more

than an hour inspecting the

site where she was allegedly

murdered. He staked his

leadership on fixing Sydney's

public transport mess and the

Premier says he won't let the

north-west metro be derailed. A

London-based expert hired by

the Government says it's a $123

billion dud but the Government

- $12 billion dud but the

Government says it's still on

track. We might have a gain to

start with and the Premier

might join in s a all

well. These girls might look un

perplexed by the prospect of

Morris Iemma on their team, but

the Premier is standing

firm. We've been elected to

deliver trial the north-west

and we will. The Government

hired London-based consultant

Jim Steer to to assess the

proposed line. He advised that

the $12 billion project would

not reduce rail con-Justicion,

could damage the comment and

should not proceed. If Jim

Steer's vision had been accepted it would

accepted it would have

condemned the community of

north hv west to a road-based

future. That means private

motor vehicles and buses. The

Government says coupled with

the criticism s was a

recommendation to build an even

longer single metro line. It

says the current plan of two,

possibly three metro lines is

the way to go. The Opposition

says after being told what it

didn't want to hear the

Government has tried to smear

Government has tried to smear

Jim Steer's reputation by

saying he didn'tness the

differences between London and

Sydney and he'd only spent

three weeks here working on his

report. This is an arrogant

and iment Government that

hand-picks an expert and then

ig noers his advice. We don't

want any further piece of

paper, reports or anything now

is the time to deliver on that

commitmentment. If it all runs

to the time table the first

stage between Epping and Castle

Hill will be open for business

in 2015.From Scientist say

they're making real progress in

the fight against Alzheimer's

disease. Two new drugs being

trialed in Australia and

Britain have had some 30stive

results. Medical reporter

Sophie Scott explains. It's the

holy grail Alzheimer's researchers -

researchers - finding a drug

that will not only stop the

disease nits tracks but also

improve brain function. Now

that milestone is a significant

step closer with experts

hailing a new brirn drug called

Remba as a major advance from

the fight against

Alzheimer's I want you to put

the pencil on top of the card

and then put it back. Nor than

300 patients were tested. Those taking the medication

taking the medication for a

year saw an 81% difference in

the rate of mental decline

compared with those on a

placebo. The biggest impact was

on the part of the brain

responsible for memory. If the

treatment were given early

enough, we could probably halt

the disease and not get to the

ghastly stages that people are

aware of. Researchers have

found an Australian designed

drug also improved brain

function in a trial of almost

80 pairnts. The medication

helped people with Alzheimer's

regain important skills such as

word recognition. It's good new

thaits achieved this in the

smam numbers of patients in a

short time frame. The hope is

that this may mean that over

longer term it offers a more

meaningful improvement in

cognitive function in

people. While the two drugs

work in different way, both

appear to change how

Alzheimer's develops but the

real breakthrough for patients

is that the new treatments

appear to improve brain function. Both drugs still need

to be tested in larger clinical

trials. The British medication

is likely to be on the market

in as little as five years.

A new Chief Justice has been

appointed to head the High

Court. Robert French starts in

September, replacing Chief

Justice Murray Gleeson. It's

the country's top judicial post

and 61-year-old Justice French is the first Western Australian

to take it up. He was appointed

by the Government from a field

of 24 eminent lawyers. He issed

universally as a fair minded

judge who gives the right of

fair hearing to those who

appear before him. He is

respected for the clarity of

his reasons. Robert French has

been a judge on the Federal

Court for 22 years. His best

known ruling was in favour of

the Howard Government in the

Tampa asylum seeker case. The

aim was a noble one - to lift

millions of people in

developing countries out of

poverty by bringing down trade

tariffs. But after nine days of

negotiations in Geneva, the

politicians couldn't agree and

the talks collapsed. Australian

farmers and exporters stand to

lose billions. They haggled

long and hard. But in the end

Ministers and bureaucrats from

30 countries couldn't cut a

deal. This meeting has

collapsed. Members have simply

not been able to bridge their

dimpss. In Geneva, Australia's

Trade Minister says he doubts

that this round of talks can be

revived. Deeply disappointing

that we weren't able to reach

agreement. It should not have

fallen apart. The final

stumbling block was agriculture. Developing

countries want to impose

emergency tariffs to protect

their farmers from any surge of

imports. But neither the United

States on one side nor India

and China on the other would

budge from their

position. There are issues on

both sides but at this point in

time who should have made the compromise? It should have been

the rich countries. The world

trade Organisation says if the

deal was ratified it could have

added $5 billion a year to the

world economy and it's big

opportunity lost for

Australia. I am deeply, deeply,

deeply disappointed about its

impact not just on the global

economy overall at these

difficult global economic times

but also in terms of the impact

for Australian primary producer

s but also our economy in

general. We're a smaller

player so for us having a set

of rules that everybody abide

by is very important. It keeps

markets open for us. Analysts

say one consequence of another

WTO fail sur the bilateral and

regional agreements will

continue to flourish. Today

another one was formally signed

between Australia and Chile. It

apes to eliminate all tariffs

on exist ing trade between the

two countries by 2010. In finance, the share market

staged a comeback as Wall

Street responded to some

encouraging news. Here is

Phillip Lasker. It was a glass

half full day. The All

Ordinaries index regained some

of its recent losses. And so

did the banks, although credit

ratings agency Standard & Poors

said NAB may be downgraded

because there may be a few more

bad debt surprises down the

track. Resources stocks were

mixed, BHP was one of the

winners say ing it expects to have cleared the regular

industry hurdles nits bid for

Rio by the end tend of the

year. Gaming machine make er

aristocrat plunged after cut

ing its profit fore cast by

23%. Oil produces went the same

way as the crude price and pay

TV operator Austar went the

same way as the domestic

economy, boast posting a half

first loss of 7.6 million dollars. There was more

evidence of that domestic

weakness in the building

approvals which fell for the

second month in a row.

Investors are staying away with

unit approvals down 22% for the

year. None of its managed to

trump this - a big rise on Wall

Street. Falling owl prices

helped shares in car makers and

retailers. A $4.4 billion

retailers. A $4.4 billion write

down for the third quarter from

invsh - investment bank Merrill

Lynch helped bank stocks.

Investors welcomed the purging.

But mirk's investment banks

still have a way to go. Here is

their average leveraging level

above 30%. In European it's far

low er, around half the

American investment bank level

and in Australia it's much

lower again, just above 10%,

which is why we're always

hearing our banking sector is

in much better shape. Here is

where sign s of weakness in the

Australian economy and softer

commodity prices like oil and

gold are showing up. The

Australian dollar lost ground

across the board. It dropped

below 95 US cents. This's

finance. It wasn't the big one

but it was enough to shake up

the locals. The earthquake that

struck California 50km

south-east of Los Angeles

measured 5.4 on the Richter

scale. Buildings and schools

were evacuate and some people

were rattled #678d The building

just swayed and sway ed it and

it didn't continued for atele

over five minutes. My God the

building is going to come

tunlbling, I freaked out. There

were more than 20 aftershock s

but no serious injuries and

only minor damage to property.

Some journalists are calling it

the great fire wall of China.

Olympic organisers have

confirmed they will censor the

Internet during the Games, even

though they promised not to do

so. The International Olympic

Committee is furious and it's

taking it up with Chinese

officials. Here is Peter

Wilkins. It was a key platform

for China's successful public

bid, improved human right and

provide media freedom. There

are obstacles already for

frustrated journalist. Internet

access is very slow in Beijing

and the blocking of any

websites is not restricted to

human right. The BBC has also

been affected. It's certainly

disappointing if that's the

case for the IOC that was a

commitment for hosting these games. The International

Olympic Committee is said to be

looking for the situation to

change but it's unknown how

successful it will be. That is

important, freedom of the press

particularly and full

transparency particularly

during Games time. So I think

it's a matnary the IOC will

take seriously. What they can

do about it, I don't know. The

100m hurdler Sally McLellan could be a medal

could be a medal chance in

Beijing after breaking her own

national record for the second

time in two weeks. The

21-year-old clock add time of

12.53 seconds in finishing

second to Jamaica Brigitte

Foster-Hylton. That's a

fabulous run in world-class

company. The sky is the limit

for Russian poll vaulter Yelena

Isinbayeva, who has broken the

world record for a stunning

23rd time. Isinbayeva cleared

5m and 4cm. In his final race

before Beijing, Jamaican Asafa

Powell clocked his faster time

of the year in the 100m: A

slick 9.82 seconds.. On world

record holder Usain Bolt and

Tyson Gay have been quick ther

year. Queensland defender Clare

McMeniman is one of three newis

faiss in the Australian netball

squad for September's series

against New Zealand. She's the

younger sister of Wallaby's

forward Hugh McMeniman. It

comes from dad's side. He's got

the height and the sporting

prowess. Mum is more

creative. It 's the second such

combination in the squad as

Mo'onia Gerard's brother plays

sport too. Swimming's glamour

couple have ended their

relationship so they can focus

on the Olympics. Eamon Sullivan

and Stephanie Rice say they've

split up to improve their

chances of winning gold. Their

coach is confident that the

break-up won't have an impact

on their performance. Lisa

Millar is at the swim camp in

Kuala Lumpur. They rived

separately for training,

Stephanie Rice stretched before

hitting the pool, her former

boyfriend Eamon Sullivan a

picture of concentration. As

gold medal prospects their

relationship was an

advertiser's dream. It also

meant their break-up would

attract the same kind of pub

lis ti. We made a decision that

we have to focus solely on the

Olympics coming up. Just

thought we would take a break.

We're still great friends. We

will probably speak and see

each other more than when we

were together. They want to

concentrate on making the

podium, not the front pages.

The Australian swim team is

considered a slick operation

and its coach Alan Thompson is

confident this won't be a

distraction. Not a problem,

it's very much a personal issue

for those guys. I think it's

certainly nothing that affects

our team. That's important for

someone who coaches

someone who coaches swimmers

ranging from age from 32 to 16.

In fact, Emily Seabohm is the

youngest on the Australian

Olympic team. And feeling

slightly guilty about the

schoolwork she's left behind. I

tried. I really did. I just

didn't get them done. Despite

the excitement of being in a

new country, you won't find the

swimmers playing tourist. Even

walking around for a few hours

is considering too Tiger at

this stage of their training.

Instead they're watching movies

or reading books in this last

week of their Olympic build-up.

First books then a block

buster movie - now there's an

all-singing, all-dancing

version of Gallipoli. The

Sydney Theatre Company is going

over the top to re-create

Australia's most sacred battle

on stage.

on stage. It might make you

crin cringe but this is the

style of entertainment around

when Australia was seeking

recruits for the great war.

The Sydney Theatre Company

has re-created a Tivoli-style

extravaganza, complete with a

tap dance ing digger.

Everything in this

production is taken from

real-life experiences. It's

absolutely told through voices

of the people who were there.

It's not in that sense it's eat

not a dramatised script. But

vaudeville stops when the

battle starts. This is the

bloody landing on the shores of

Gallipoli. The sight of the

bodies on the beach was

shock. It's theatre at its most

physical a wall represents a

cliffs of the unconquered

peninsula. The few tillity of

the General Ian Hamilton. He

didn't understand the machine -

damage a machine gun could do

to a person. Just as Australia

needed extra troops for World

War I, so too has the Sydney Theatre Company. Third

Theatre Company. Third year

students from NIDA are making

up the numbers. They've learnt

how hard life was in the

trenches. How absolutely awful

the conditions were, the length

of time that they spent on

Gallipoli meant they went into

winter. The agony of dysentry,

the irritation of flies and

monotony of the battle are the

inspiration for one of the more

unusual dances seen on an

Australian stage. Time to

check the weather now - we're

in for a couple of warmer

days. We are. It's amazing what

a different a shift in wind

direction can cause. Today's

tops of 17 to 18 degrees were

generally average to slightly above average across Sydney but

it was a cold start. Clear

skies and light winds tonight

will see temperatures even colder tomorrow, with

widespread frost on the way for

any suburbs west of about par

mat ya. High pressure ridge

brought fine weather throughout

the State and with clear skies

there was no rainfall. It was a

cold start across many areas.

Wind will shift north to

north-west aind strengthen over

the next 48 hours and draw some

mild er air over the State.

Showers will develop through

the inland and conditions are

going to favour some heavy

snowfalls about the alpine

areas. But with that snow we

are expecting to see blizzard

conditions to develop. Showers

for Perth with a few showers in

Melbourne, Adelaide and Hobart

but they should hold off until

the evening.

And this's ABC News for this

Wednesday. The '7:30 Report' is

next, with Brendan Nelson

talking about his climate

change policy. Goodnight.

Closed Captions by CSI

Heroin, methamphetamine,

ecstasy and marijuana. Tonight

on the 7:30 Report - claims of

a hidden drug trade in a high

security detention centre. One

particular client was telling

me that there were drugs that

officers were dri bringing in.

CC

Welcome to the program. And

after weeks of sometimes

confused debate within Coalition ranks about its

climate change policy on an

etsz ETS or ETS, plus yet's

Shadow Cabinet meeting and

today's Coalition point party

meeting Opposition Leader

Brendan Nelson is still hedging

his bets as to exactly when he

would introduce an ETS in