WA: WA to appeal Miriuwung Gajerrong decision

AAP General News (Australia)
12-08-1998
WA: WA to appeal Miriuwung Gajerrong decision

PERTH, Dec 8 AAP - The West Australian government will appeal a Federal Court decision
guaranteeing two Aboriginal groups native title over 7,500 square kilometres of land in the
states north-west, Premier Richard Court announced today.

State cabinet last night voted to appeal last months Miriuwung-Gajerrong decision based on
"very strong legal advice" that it would cost the government big money in compensation and the
loss of lucrative resources revenue.

"We always worked on the assumption that minerals belonged to the crown and not to native
title holders," Mr Court told journalists.

"The other issue is the effect of leases on native title; we are being told by the federal
court that the pastoral leases are just a temporary use of the land and when those leases are
finished the native title resumes back on that land."

That, Mr Court said, would see the state government dishing out compensation to native
title holders whenever a pastoral lease was renewed.

"Thats every time its renewed. The ramifications of that federal court standing are very
serious, not just for Western Australia but for leases throughout this country," he said.

"I think the taxpayers quite rightly would be pretty upset if we stood by and allowed
federal courts to come down with these type of determinations which radically overturn the way
in which we run land and resource management in this state."

The governments appeal has already won support at the federal level, with Senator Ross
Lightfoot saying the court decision went far beyond the high courts rulings on native title,
contradicted the federal governments plan for native title, and threatened political
stability and economic growth.

In the first court determination of native title on the Australian mainland, Justice
Malcolm Lee upheld the Miriuwung-Gajerrong claim lodged four years ago over 7,653 square
kilometres of land, although he found native title had been extinguished over some areas,
including roads, power and telephone stations and public reserves.

An appeal by the Court government would be lodged soon in the Federal Court, the premier
said, and was expected to eventually reach the High Court.

In the meantime, Mr Court called on the federal government to take a critical look at its
own native title record.

"Before federal colleagues criticise judges, the federal parliament has to look at its own
performance - six years down the track and we still have complex native title legislation," Mr
Court said.

"Because it wasnt seen to affect the population in Melbourne and Sydney, theres been no
real interest at the federal parliamentary level."

AAP kbw/br

KEYWORD: MIRIUWUNG (CARRIED EARLIER)

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