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Tuesday, 21 December 1993
Page: 5357

Senator GARETH EVANS (Minister for Foreign Affairs) (9.04 a.m.) —We have already debated this clause, including that particular question. If the honourable senator can hold on for a moment, I will remind myself what the answer is. Acts that are essentially the same, for example, in the context of a statutory grant of a mining lease under some special provision of the kind that exists in Western Australia would be, I guess, the passage of the legislation creating the framework for the grant of the interest in question, then the actual grant of the interest and perhaps some further action taken pursuant to the practical on the ground implementation of the development pursuant to that grant of interest.

  That would be an example of acts that are essentially the same. An example of acts that would not be essentially the same would, I suppose, be an exploration permit granting act on the one hand as compared with a mining grant act on the other. In other words, these are two kinds of acts of inherently quite different impact on the Aboriginal land in question and thus giving rise to different sorts of considerations about their compatibility with the enjoyment of the native title in question.