STATEMENT BY THE PRIME MINISTER, THlE HON P 3 KEATING NIP
THE WIK PEOPIJ;' S CLAIM AND COMALCO
Federal Cabinct last night rcac led agreen n onl the Cononwealth approach
to the legal claim by the Wik people over land including mining ] cases held by
Cornalco.
The decision will provide security for the major investment proposed by
Comalco, while pennitting claims by the Wik people for-compensation and
damages to proceed.
This approach also ensures that negotiation will take place between the
Commonweal th and Quccrnsland Governments, Comalco and thle Wik people.
Cabinet agi-ccd that Commonwealth and Queensland legislation be introduced
to validate all relevant land grants whose validity might be in doubt aq a rcsult
of the existence of native title and its interaction with other laws. Thisvwill be
included in the proposed generic Coimmonwealth Mabo legislation. Such
validation of mining leases would not extinguish native title.
Queensland may also legislate to validate leases, on a non-discriminatory basis,
against other possible causes of invalidity unrelated to native title. Claims
against the validity of leases would, in effect, be convcrtcd into claims into
compensation or damages.
Cabinet reaffirmed that the Corruionwealth will need to be satisfied, on
examining the proposed terms of such Queensland legislation, that it is nondiscriminator-
y.
Compensation will be available for the Wik people, tinder the terms of the
Commonwealth's generic Mabo legislation, for any direct extinguishment or
i nipairinent arising from vid-aiiiii.
Other aspects of the decision reached by Cabinet are:
Commonwealth legislation will support any prc-existing State legislation
providing for the reservation of mineral rights to the Crown.
Damages ( as distinct from compensation for validation) whether related
or unrelated to native title, will be determined under existing laws or
non-discriminatory State legislative schemes.
In the event of claims against grants issued before June 1993, and
dependent on the existence of native title, being successful,
compensation or damages will be met by government, rather than by
private landholders.
The Commonwealth and Queensland Governments will hold
negotiations with the Wik people, the minimum aim being to explore
possible ideas for a settlement. Comalco should be required to
participate in negotiations, at least to facilitate good neighbour coexistence
of the Wik interests and the mining interests on the ground in
the area.
In addition to resolving the current uncertainties in Queensland, the approach
has wider application to resolving uncertainties arising from the High Court's
Mabo decision. It represents a valuable step forward towards the
comprehensive, resolution of the issues on which work is proceeding. In
particular, grants issued by governments in the past will be secured against
invalidity arising from native title, not only those since the passage of the
Racial Discrimination Act in October 1975.
The emphasis which the Commonwealth and Queensland Governments place
on negotiation also represents a vital element of the approach which must be
brought to bear in the wider Mabo context.
CANBERRA AUGUST 1993