Clark, Jonathan; Kwan, Joanna; Van Gelder, Vivian --- "Recent Happenings" [1999] IndigLawB 38; (1999) 4(20) Indigenous Law Bulletin 24
Recent Happenings
Compiled by Jonathan Clark, Joanna Kwan and Vivian Van Gelder
12 February
In the Federal Court, Justice Drummond ratified native title agreements between the Queensland Government and the Mualgal people of Moa Island and the Saibai people of Saibai Island in the Torres Strait. The agreements, which do not include sea claims, were reached after two and a half years’ mediation by the NNTT.
22 February
The Federal government denied reports that British Nuclear Fuels will build the world’s biggest high-level nuclear waste dump on Aboriginal land in northern South Australia near Maralinga. However, the government is considering several sites in the same region to house a national low-level nuclear waste dump.
27 February
Mirrar women Jacqui Katona and Christine Christopherson began their twelve-day jail sentence for trespassing on the Jabiluka mineral lease.
28 February
Premier Jim Bacon handed control of Wybalenna on Flinders Island to the Aboriginal Land Council of Tasmania in recognition of its significance as a ‘genocide site’. Legislation formalising the hand-over was passed by Tasmanian Parliament on 18 March.
2 March
The Human Rights and Equal Opportunity Commission will examine the Northern Territory Government’s decision to replace bilingual education programs for Aboriginal children with programs promoting English literacy. The inquiry will examine whether the decision breaches Australia’s international obligations.
3 March
Dr William Jonas was appointed as the new Aboriginal Social Justice Commissioner. The position has been empty since January 1998 when former Commissioner Dr Michael Dodson resigned.
The traditional owners of Kakadu National Park warned that they would terminate their lease agreement with the Commonwealth National Parks Authority if it pushed ahead with proposed changes to National Parks legislation. The amendments would make provision for two representatives of the Northern Territory Government to be appointed to the twelve-member park management board.
8 March
(International Women’s Day)
Senator John Herron, Minister for Aboriginal Affairs announced today that he would tackle Indigenous family violence, stating that it was a men’s problem linked to alcohol consumption and that Indigenous communities needed to take control of the problem.
10 March
NSW Premier Bob Carr signed a framework agreement with the NSW Aboriginal Land Council recognising the possible existence of native title in 700,000 hectares of land in the 151 national parks in the State.
12 March
In the High Court, Justice Michael McHugh refused to grant leave to the Commonwealth, West Australian and Northern Territory Governments to take their appeal against Justice Lee’s decision in the Miriuwung-Gajerrong case directly to the High Court. Their appeal to the Full Federal Court will be heard in June.
13 March
The detention of a 12 years old indigenous boy for 36 hours in the Mount Isa Police watch-house led to renewed calls for the Queensland Government to provide resources to establish community based care organisations for juveniles.
Northern Territory Supreme Court Justice Brian Martin found that the acquittal of a prominent Aboriginal leader referred to only as ‘Y’ who appeared last year in the Magistrates’ Court on charges of assault and criminal damage, was wrong in law. An appeal has not been ruled out.
14 March
Northern Territory Supreme Court Justice Trevor Riley dismissed Senior Mirrar Elder Yvonne Margarula’s appeal against her conviction by Magistrate John Lowndes for trespass on the Jabiluka Mineral Lease. Ms Margarula is expected to appeal.
18 March
The CERD committee handed down its findings in relation to Australia’s response to its early warning/urgent action request issued last August. (See this edition)
Torres Strait leaders presented QLD Premier Peter Beattie with a proposal for a staged transfer to self-government. The proposal includes plans for a Torres Strait Regional Assembly by 2001 and eventual granting of territory status similar to that of Norfolk Island.
19 March
Justice Maurice O’Loughlin reserved his decision on the Commonwealth’s strike-out application in relation to civil litigation against it by two members of the stolen generations. The plaintiffs, Lorna Cubillo and Peter Gunner, are seeking damages for the lifelong hurt they have endured as a result of the Government’s child removal and assimilation policies.
After rejecting claims for one million hectares of vacant crown land, the Tasmanian government has set up a working party to negotiate the return of smaller ‘parcels’ of land to Indigenous Tasmanians.
20 March
Attorney-General Daryl Williams rejected the findings of the CERD Committee as ‘unbalanced’ and ‘an insult to Australia’.
23 March
The Adnyamathanha community of the Northern Flinders Ranges convened a meeting attended by the Jabiluka Action Group and the Nuclear Issues Coalition to rally against the new Beverly Uranium Mine situated near Lake Frome in South Australia. The mine was approved by the Federal Government on 19 March despite opposition by the Labor and minor parties and the Australian Conservation Foundation. Critics of the mine say that its acid-leaching technique (banned in some US states) will poison Aboriginal land and contaminate the Great Artesian Basin.
24 March
Indigenous leaders expressed their disapproval of the draft Constitutional preamble released by the Federal Government on 23 March 1999 on the grounds that it failed to address Indigenous Australians’ custodianship of the Australian land.