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NFF has one major problem with Mabo legislation
Download PDF 3 September 1993 NR 90193
NFF HAS ONE MAJOR PROBLEM WITH MABO LEGISLATION
The farm sector has welcomed rhe validation of freehold and pastoral leases under the Federal Government's proposed Mabo legislation.
National Farmers' Federation Executive Director, ~fr Rick Farley, said the legislation would help greatly to restore certainty about fanners' land title.
The status quo was likely to prevail in agriculture if Mr Keating maintained his current position during negotiations on the legislation.
Mr Farley called on the Commonwealth and States to negotiate constructively to ensure a national approach to Mabo issues.
If this did not occur, security of tenure for landholders would be delayed.
"The net result of the Commonwealth legislation would be a 'no change' outcome for the farm sector," he said.
"Freehold extinguishes native title.
"Existing pastoral leases also extinguish native title and their renewal is tIDconditional.
"Where Aborigines have rights in existing leases, arising from either statute or usage, they will be preserved, but they can not be extended.
"Spe(;iai short term grazing leases are not open to native title claims unless the lease is relinquished by the landholder.
"There is no exposure by landholders to compensation claims arising from grants of tenure prior to 30 June 1993."
~ Farley said NFF had one major complaint.
"The legis lation would provide for public funding of claimants, but not for defendants, tt he said.
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"We expect pastoralists will be joined in at least one major Mabo court action.
"For instance the Wik claim covers 10 pastoral leases.
"Aboriginal interests also ar~ likely to k s:t whether existing Abo liginal reservatio ns in leases are statutory grants of the Crown , or native t.itl e rights.
"Leases in Western Australia, South Australia, and the Northern Territory contain access and other rights for Aboriginal people.
"The bottom line is that pastoralists in any of three States or the Northern Territory could be joined in court actions which are likely to be protracted and helli shly expensive.
"It would be absolutely inequitable if their costs were not met by the Crown .
"Pastoralists have accepted grants of tenure from the Crown in good faith and are in _ no position to meet huge legal bills ."
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Mr Farley said this matter already had been discussed with Senator Kemot, Aboriginal leaders, and the Caucus Primary Industrie s and Resource Committee.
All had agreed with NFF's position on this issue.
For further information:
Rick Farley Executive Director 018627184
