The Northern Territory government has introduced a contentious bill proposing to create a Territory Coordinator position empowered to issue "exemption notices" that could override certain laws. Chief Minister Lia Finocchiaro would have new powers to grant these exemption notices, allowing the Territory Coordinator, Stuart Knowles, to streamline approval processes by assuming assessment responsibilities from other entities. This bill has ignited intense debate, particularly over its potential impact on heritage laws and private property rights.
The proposed legislation includes the Northern Territory's Heritage Act among 32 laws where exemption notices could apply. This act is crucial for protecting sites of Aboriginal or Macassan archaeological significance. Nonetheless, the bill has faced significant scrutiny during two days of public hearings in Darwin. The Northern Land Council (NLC) has voiced concerns that the bill is "now less protective of Aboriginal Territorians' rights than the draft bill was," according to NLC chair Matthew Ryan.
"They're just moving forward … like a big bulldozer coming at you without the acknowledgement of people around the communities." – Matthew Ryan
Ryan further lamented that sacred sites are no longer explicitly protected under the revised bill, asserting that the government is acting unilaterally.
"This government [is] doing whatever they want at the moment," – Matthew Ryan
In contrast, the Minerals Council of Australia (MCA) has expressed support for the bill. Cathryn Tilmouth, the MCA executive director for northern Australia, stated that the territory is "well endowed with minerals" but has "struggled for too long to provide investor confidence." Tilmouth believes that the bill will bolster investor confidence and promote economic growth in the region.
Deputy Chief Minister Gerard Maley defended the inclusion of heritage laws within the Territory Coordinator's power scope, emphasizing the necessity of an authoritative role.
"We want to make sure the territory is an easier place to do business." – Gerard Maley
"There has been public consultation right now and the legislation is what it is," – Gerard Maley
Maley also stressed that it was vital for the office not to be "just a toothless tiger," implying that robust powers are essential for effective governance. The Legislative Scrutiny Committee is set to report back to parliament in March, with expectations that the government's 17-strong majority will facilitate the bill's passage.
Critics, including native title lawyers and environmentalists, argue that the bill could erode Indigenous land rights and potentially pave the way for nuclear waste storage. Randle Walker, a legal expert, expressed concerns over how archaeological discoveries might be handled under the new framework.
"We put in prerequisites that if archaeological objects are located during the process, that work stops and there's a proper assessment done of what is found before work proceeds," – Randle Walker
Walker warned against any processes that might bypass traditional owners' rights.
"We would not like to see that superseded with another process that effectively ignores the rights of traditional owners." – Randle Walker
