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Tuesday, 21 December 1993
Page: 5482

Senator TAMBLING —(9.52 p.m.)—I want to pursue the issue. I did not get a good response.

The TEMPORARY CHAIRMAN —Do you want Senator Spindler's reply as well on behalf of the Democrats?

Senator Gareth Evans —I have spoken on amendment 14C of the Greens. What else does Senator Tambling want an answer to? Is it the Democrats' amendment 37?

Senator TAMBLING —I was very clear in asking what the government's intention was specifically with the examples I drew to the attention of the minister. I asked whether the consequence of this amendment would be that there would be no more tourist developments on pastoral lease land, no pastoral leases on the edge of town could be subdivided, and no pastoral leases could be used for agricultural purposes. I believe that is a very serious consequence of this amendment, and I was looking for the government to very clearly flag its intention in that regard.

Senator Gareth Evans —Can Senator Tambling give me some arguments as to why that would be the consequence because I do not see that that would be the case? We are talking about Green amendment 14C, the addition of subclause (2) to clause 14, which is about extinguishment not conferring by itself any right of ejection. Is that the clause that Senator Tambling is talking about?

Senator TAMBLING —Yes.

Senator Gareth Evans —Would Senator Tambling give me the chain of reasoning that produces the very-far reaching results that he claims will occur?

Senator TAMBLING —The amendment Green 14C, which honourable senators will recall was amendment 14, 14A, 14A revised, 14B, 14B revised, and now appears as 14C, reads:

  Clause 14, page 10, at the end of the clause, add the following subclause:

  "(2) The extinguishment effected by this section does not by itself confer any right to eject or remove any Aboriginal persons who reside on or who exercise access over land or waters covered by a pastoral lease the grant, re-grant or extension of which is validated by section 13.".

  I drew the minister's attention to the juxtaposition that would arise in this regard with this legislation. I ask for the minister's response: what is the government's intention as to the effects of this legislation?