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Wednesday, 1 December 1976


Mr Les Johnson (HUGHES, NEW SOUTH WALES) - I move:

After clause 67, insert the following new clause: "67 A. ( 1 ) An Aboriginal is entitled, with respect to land contained within a lease for pastoral purposes granted under a law of the Northern Territory-

(a)   to enter and remain on the land;

(b)   to bring on to, and use on, the land, horses for the transport of persons or goods;

(c)   to take and use the natural waters of the land; and

(d)   subject to sub-section (2), to kill wildlife for food on the land. "(2) Where regulations under the National Parks and Wildlife Conservation Act 1975 that are expressed to be made for the purposes of the protection or conservation of an endangered species of wildlife prohibit the lulling of members of that species on land to which the regulations apply, an Aboriginal is not entitled, under sub-section (I), to kill members of that species on that land. "(3) Where there are no convenient natural waters on land referred to in sub-section ( 1 ), an Aboriginal is entitled to use bore waters on the land for drinking, cooking, washing or watering horses. "(4) In exercising his rights under sub-section (3), an Aboriginal is not entitled knowingly to disregard any reasonable requirements of the lessee of the pastoral lease in connexion with the bore waters on the land. "(5) Sub-sections (1), (3) and (4) do not apply at any point within a distance of 1 kilometre from any homestead on the land. "(6) A person who, without just cause, proof of which lies upon the person, prevents or obstructs, or attempts to prevent or obstruct, an Aboriginal from exercising his rights under this section is guilty of an offence against this section punishable, upon conviction, by a fine not exceeding $1,000.".

Obviously I cannot talk about this proposed new clause because time is not available. It is an important matter relating to pastoral leases and the right of Aboriginal people to enter on to such land, a right which is to be curtailed greatly and circumvented. I only regret that I am unable to put a case on their behalf.

Proposed new clause negatived.

Clause 68 agreed to.

Proposed new clause 68A.







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