The West Australian government’s decision to blame the hold up in home building on native title legislation has provoked indignation from social justice officials who say the claims are bogus and misleading.
Claims by the West Australian government that native title legislation will ‘block’ it from building new houses are false, Aboriginal and Torres Strait Islander Social Justice Commissioner Tom Calma (pictured above) said.
Commissioner Calma said he was disappointed to read in yesterday’s media that the WA government was blaming native title for holding up housing under the $496 million funding agreement with the federal government.
“The Native Title Act does not block the building of homes for anyone - Indigenous or non-Indigenous,” Calma said.
“In fact, the Act provides a number of mechanisms the WA government could utilise if it wishes to build homes on land where native title exists or is claimed. The ‘future acts’ regime in the Native Title Act sets out what procedures the WA Government needs to comply with if it wants to build infrastructure.
“Alternatively, the government can negotiate an Indigenous Land Use Agreement which doesn't have to require the surrender or permanent extinguishment of native title.”
Calma said these mechanisms were two of the key purposes of the Native Title Act and were established in recognition of the significance of native title rights in providing the Traditional Owners with a way to protect and manage their rights and interests.
He said the $496 million funding agreement was agreed to under the COAG National Partnership Agreement on Remote Indigenous Housing in November last year, which was followed in March with a commitment from Indigenous Affairs Minister Jenny Macklin that the Partnership Agreement would initially focus on 26 priority locations across Australia. Three priority locations in WA were subsequently announced as Fitzroy Crossing, Halls Creek and the Dampier Peninsula.
“However, I have been advised that the precise locations for the houses have not yet been identified,” Calma said. “Without knowing where the houses will be built, it is very difficult for the Land Council to identify what native title issues arise.
“Rather than blaming native title, it would be more constructive for the WA government to focus instead on identifying the intended locations for the housing and to continue with its commitment to negotiating with the Land Council,” he said.
Calma said that while the federal government’s discussion paper released today discusses how to amend the ‘future acts’ regime in the Native Title Act to fast track the building of houses in the specified communities, he said all governments should seek agreement with the affected communities about housing rather than simply following the minimum procedural requirements.
“All Australians have a right to housing, but Traditional Owners should not be asked to give up their native title rights and interests for free, nor have them unilaterally taken away in exchange for that housing.
“We wouldn't accept this for those living in the inner suburbs of Perth or Sydney, so why do we expect it of remote communities across Australia?”
