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Saturday, 18 December 1993
Page: 5169


Senator ELLISON (6.16 p.m.) —Clause 22(6), which deals with procedural rights, states:

In the case of any act to which this section applies (other than a low impact future act or one to which Subdivision B applies), the native title holders have the same procedural rights as they would have in relation to the act on the assumption that they instead held:

  (a)to the extent that the act is in relation to an onshore place—ordinary title to any land concerned and to the land adjoining both sides of, or surrounding, any waters concerned . . .

It then mentions offshore rights. As I understand it, that equates procedural rights to freehold rights. I understand that freehold titleholders have the right to receive written notice of any act which may be adverse to their interests, such as an acquisition of land. I have two questions. Firstly, does the minister agree that the procedure here is the same as for a freehold landowner? If it is, how does the government envisage getting over the problems with notice? I am looking at notifying groups of indigenous people, perhaps in a remote area, where they certainly would not have an address or a postcode or post box. Secondly, If the same procedure is to be applied, how does one go about notifying them?