October 19, 1984
The Prime Minister, the minister for Aboriginal Affairs and the Premier of western Australia have ha-d further detailed discussions on Aboriginal Land Rights. Mr Hawke confirmed his previous advice to the W. A. Premier that there was no intention on the part of the National Government to introduce Federal legislation that would over-ride western Australia's decisions:
- not to permit any veto over mining or exploration
- to ensure that any mechanism to resolve access disputes would not constitute a de facto veto
- that applications for land would be restricted to vacant Crown land for which no public purpose has been allocated.
Mr Hawke said he was confident that his Government's decision to be represented on the drafting group drawing up the Western Australian legislation would ensure that any potential conflict in other areas-would be settled quickly and amicably.
The Western Australian Premier, Mr Burke, said a draft of a major part of his government's planned legislation had already been distributed to members of the drafting group.
Mr Burke said a first draft of his Government's Bill should be completed within a month.
Present plans to resolve'any dispute over access were to provide for a period of up to 60 days for negotiation.
If differences were not resolved a judicially based tribunal would be empowered to speedily consider the arguments and recommend a settlement to the Government.
Mr Burke said he was completely confident that the Commonwealth would accept Western Australia's position by acknowledging when the Western Australian legislation was finally drafted that the W. A. legislation would be consistent and compatable with any Commonwealth legislation..
The Prime Minister reconfirmed the Commonwealth's commitment to its constitutional responsibilities in this area and added that those States which have or are working towards legislation which is compatable with the Commonwealth aims have no cause for concern from any Federal Legislation on this subject.
The western Australian Government's proposed action clearly places W. A. in that category of States in which Commonwealth legislation would not be contradictory.