QLD called to answer for traditional take-back
Reports this week suggest the Queensland Government has been planning to strip native title off traditional landowners to make way for the Carmichael coal mine.
Media reports say the Palaszczuk Government wants to remove native title rights to Moray Downs to let Adani build an airport, power station, accommodation camp, and other mining infrastructure.
The ABC has reported details of a document it says was obtained from the Queensland coordinator-general's office.
The document states: “The Moray Downs Land acquisition includes the take of native title rights and interests of the Wangan and Jagalingou People to allow for the leasehold land to be converted to freehold.”
“No objection to the acquisition of the native title rights and interests was received.
“When the acquisition of land at Moray Downs was proposed in July 2015, the approach was for the coordinator-general to acquire the land, agree an interim licence with Adani, then within a period of around two months, have the freehold land transferred to Adani.”
Wangan and Jagalingou (W&J) Traditional Owners’ Council spokesperson Adrian Burragubba said the group would fight the proposal “all the way to the High Court”.
“It is beyond comprehension that the Government would consider such a shameful and absurd proposal in an era when our rights are sanctioned under international law; and when we are already in the Federal Court contesting the State Government and Adani’s attempts to override our rights,” he said.
“I assure the Premier she will be bringing on one of the biggest human rights battles we’ve seen in Queensland in a long time. If destroying our rights and handing our lands to a foreign mining company is on her agenda, she better think again.
“It would be a shocking precedent for a government in Australia to extinguish title over land against the express opposition of traditional owners, and to hand that land to a private business interest - in this case a massive foreign miner with a disgraceful record of destroying environments and disrupting traditional communities overseas.”
University of Queensland Centre for International Minerals and Energy Law professor Jonathan Fulcher said it was extremely rare to extinguish native title without the consent of the traditional landowners.
“It's only ever used by the Government for very large projects for obvious reasons, because it's a fairly draconian power,” he said.
Reports on the document appeared just days after the judge in a case between W&J and Adani described the traditional owners’ arguments as “shambolic”.
Judge John Reeve said W&J’s legal representation repeatedly adjusted its submissions in the middle of questioning.
Mr Burragubba’s lawyers also changed the central point of their case from claims that Adani was fraudulently inflating anticipated job creation numbers, to claims it was “conduct analogous to fraud”.
Other indigenous groups including the Birriah, Kyburra Munda Yalga (Juru), and Bulganunna (Jangga) have already reached Indigenous Land Use Agreements with Adani by June this year.