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Tuesday, 21 December 1993
Page: 5359


Senator GARETH EVANS (Minister for Foreign Affairs) (9.12 a.m.) —I do not think it would be particularly possible to do better than the courts are capable of doing themselves in this situation. There is no particular magic about what I said about depending on the different kind of native title. That is implicit from the way that 49(1) is drafted, when it talks in terms of compensation for any loss et cetera or other effect of the act on their native title rights and interests. What the native title rights and interests are, the character of them, the extent of them and the scale of them have to be identified in order to begin to calculate what loss or diminution or impairment might be involved. I think it is a pretty self-evident kind of process in terms of the issues that have got to be taken into account. But how those different factors are actually quantified really is best left, we believe, to the tribunals and the courts to work out. I do not think we can do a better job than they could do. And for that reason it is left up to them.