James Price Point, THE WAY IS FAR FROM BEING CLEARED THERE ARE MANY LEGAL AVENUES & ALL OF THEM WILL BE IMPLEMENTED. ITS ROUND ONE IN A 100 ROUND BOUT.
Mr Roe has been granted one week to appeal. Mr Roe will Appeal to the Full Federal Court and this Appeal is currently being drafted as I blog this.
The ABC's report states “The decision means the newly-appointed representatives (Rita Augustine, Anthony Watson and Uga Paddy) are able to sign a deal with the State Government and Woodside, enabling the $30 billion project to proceed.”
If this is media report is correct, what has happen to the original Heads Of Agreement and where does this leave the Compulsory Acquisition threat.
How does this really work when these newly - appointed representatives still do not have Native Title, or have a Registered Native Title Application?
Meanwhile, as this decision has been handed down Gail McGowan from the Department of State Development are currently at the Mercure Inn, in Broome, meeting with Kimberley Land Council to discuss the Indigenous Land Use Agreement.
Considering, that the decision was only handed down at 9.30am this morning, its interesting that they have wasted no time in jumping into ILUA negotiations. Its also highly questionable why this meeting had been even scheduled prior to today's Court Announcement or before a decision had been handed down?
The clouds are gathering, lighting is flashing and the storms of opposition is growing
Photo Damian Kelly
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Looks like the deal will be signed within weeks.KLC,WA Gov.,the new Applicants,are all of one mind on this now.
ReplyDeleteThe Heads of Agreement still stands.
It will be settled within the Compulsory Acquisition timeline,and "negotiations in good faith"clause.
The KLC cars have been at the Mercure for the past week.
All the trips to Perth before Xmas.
Everything would be set to go.
The shonky reports are done.
Feds to approve in June/July.
Shire to pass all their stuff.
Thats them done.
Joe Roe to appeal todays ruling,"abuse of process"cited as reason.
The EDO case?
Not much left to go it seems.
This is just , SO WRONG, WRONG WRONG.
ReplyDeleteThey want to put this f***ing industrial monstrosity in Joe's country. In Goolarabooloo country. How the f**k can the law say that someone else can speak for that country.
Used to listen to them talking about this years ago.
ReplyDeleteHow they were going to steal someone else country.
How they knew Cyril Shaw was going to pack it in.
It had been done before in other places,all they had to do was follow the Woodside instructions.
"It's only 2 square kilometres".
"Everyone will get their rent money".
Once Carpenter had lost that election,that was it!
Joe will keep on fighting,he deserves the support of everyone who cares for country anywhere.
In answer to your questions.
ReplyDeleteI think you will find that ILUA negotiations have been ongoing for some time. They were formally suspended for awhile after the KLC said that it was suspending negotiations in June but to my knowledge the discussions have continued since at least October.
The Compulsory Acquisition is still in the Pipeline. Wayne Bergmann has asked the Premier to lift the threat but he has refused to do so.
The heads of agreement still stands.
Your point about nobody having native title so how can it be negotiated is one that you have made before.
The simple answer is that the native title act makes provisions for "future acts negotiations" with registered claimants. This is so people who may be granted native title in the future get a say rather than get shunted to the side without a voice.
You are incorrect when you say that these newly appointed applicants do not have a registered native title claim. They do - it is the Goolarabooloo Jabirr Jabirr claim.
Just because Goolarabooloo and Jabirr Jabirr have both lodged separate claims it does not mean the "demise" of the GJJ claim. Only the Federal Court can throw a claim out.
Similarly, just because the Native Title Tribunal has not registered The new Jabirr Jabirr claim and, in all likelihood, will not register Joe Roe's new claim that does not mean the end of either claim. All it means is that the two separate claims - if they are not "registered" will not have negotiation rights. One of the reasons for this is to prevent an avalanche of claims by people wanting to cash in whenever a big project is mooted.
If you doubt what I am saying, take a print out and ask Michael Orlov. He will confirm what I am saying. Alternately you could ring the Native Title Tribunal. They are very friendly and are happy to explain how it all works.
It is fine to talk about the lightening and the storms of opposition but I need to take issue with you over something.
You have created a remarkable blog. People know it and they read it. You have, through your own initiative and hard work and foresight created something that could be a very powerful tool in the fight.
Yet you fret about conspiracies and go off half-cocked making a song and dance about trivialities like postal voting and even with a hundred thousand hits on your site you still don't seem to understand how the native title system works.
You ask a lot of questions in your posts but you don't seem to dig to find the answers to your own questions.
Having said that, I admire your passion and think that despite my criticism you must continue doing what you do. YOu do an outstanding service in loading documents onto Scribe and finding very interesting and important links.
Just be aware that if you want to be a rabble rouser you will raise a rabble - because they love the emotion and the jumping up and down.
But remember that a rabble will be defeated because they do not serve truth and they lack discipline.
It would be a waste of all your work if it is only a rabble that you raise. A waste of 100 000 hits.
All the best.
Sayonara
Chas
Dear Chas
ReplyDeleteThank you for your feedback, and yes Redhand does have alot to learn. Redhand is not a Native Title lawyer, does have alot of questions and has also managed to to rouse your rabble.
But you know what Chas? I wish someone would tell my a story of Country, of the wide rivers, of coral reefs, of pindan woodlands, and remnant rainforest,of tidal creeks, of shellfish and fin and sword fish. A story of where we are and how we got here and the characters and the roles that we play. Tell me a story, a story that will be my story as well as yours, a story for everyone, a story that brings us together into country, for Country and out into community, a story that brings together the human community with every living being, a story that's brings us together under the acr of the great blue sky in the day and the starry heavens at night. A story with a happy ending.
Dear Chas,
ReplyDeleteThanks for the detailed clarification of where things stand in the complex area of native title law. It is difficult for the average informed person to come to grips with this very technical area.
I think you are perhaps a little dismissive of the blog with comments such as "could be a very powerful tool" etc. I think it is a powerful tool right now as seen not only by the hits total but also by the list of regular visitors. Government departments, ministers offices, corporations, environmental organisations and law firms visit this blog often. Waste of 100,000 hits my foot!
It is also very generous hearted of you to recommend that the blog continue despite your criticism. I'm sure it will be very encouraging for them.
Finally one short comment on the "rabble" that has been raised. This "emotional" rabble includes nurses, tradesmen, teachers, countrymen, doctors, artists, lawyers, scientists, business owners, [reformed] petroleum engineers and bushmen. They are people not only of strong commitment but also steely self discipline in their conduct of this fight. If this is a rabble it's one I'm proud to stand with!
Kind regards, Nigel