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Conference Proceedings

Green Processing 2002 HC

Conference Proceedings

Green Processing 2002 HC

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The Future of Mining on Pitjantjatjara Lands

In 1976 the Pitjantjatjara Council was established under the Associations Incorporation Act 1985 (SA), for the initial purpose of organising and bringing together three similar Indigenous groups. These members of the Pitjantjatjara Council of Central Australia were demanding land rights and to legally protect their traditional lands. The Land Rights movement was more focused on the South Australian Government that became more receptive to the general notion that Aboriginal freehold land could be attainable._x000D_
For almost five years, Pitjantjatjara Council's intense negotiations took place with the Dunstan and Tonkin Governments culminating in the final passage of legislation by 1981. A bi-partisan approach by Government and opposition applauded by all South Australians for its mature and socially responsible actions, in line with the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). Despite the similarities between South Australian and the Northern Territory Land Rights legislation, there still remains one obvious distinction. In the Northern Territory case, its legislation established Land Councils' as statutory authorities that are responsible for the management and use of designated Aboriginal lands. On the other hand, South Australian legislation fails to include any reference to Land Councils' as defined in the Northern Territory Act. The intention of establishing such Land Councils' in the Northern Territory was, and is to provide legal, anthropological and other expect advisers that respond to the wishes and opinions of Traditional Aboriginal Owners. Negotiations between mining companies and Land Councils, will, after the granting of mining leases, monies are then transferred to those Councils being a percentage of royalty entitlements. While the Pitjantjatjara Land Rights Act 1981 (SA) (Act) does provide royalty arrangements to Anangu Pitjantjatjara (AP), a body corporate pursuant to the Act as a Landholding Body (and not as a Land Council'), it does not provide any royalty payments for the legal and anthropological services by the Pitjantjatjara Council for providing essentially similar services as the Northern Territory Land Councils. The limited services by AP do provide complimentary services from other organisations - including the Pitjantjatjara Council._x000D_
There are approximately 4000 Anangu members who reside on AP Lands and more than 1000 other Anangu members live near AP Lands in Western Australia and the Northern Territory. These people are defined as AP's Traditional Owners' by virtue of their affiliation to portions of AP Lands. As a result, the depth and understanding of spiritual beliefs and customs are strongly present as it relates to the whole of the Lands. Most of these members reside at permanent communities that spread unevenly about the northern and south-western parts of AP Lands. In addition, there are numerous Homelands' where families and extended families have establish homes, with electricity and water supplies on those Traditional Lands (see Appendix 1 and 2 of this paper depicting the map showing AP Lands and also showing stunning photographs taken during late last year). All roads and airstrips are unsealed between communities and Homelands and the essential services to all communities are limited and costly to provide, and require continuous upgrading. Capital expenditure on infrastructure is sorely needed and alarming levels of unemployment is of serious concern. Tjilpi (older) Anangu members have continually discuss the urgency to provide employment and education for the future of their children and grandchildren while balancing the needs of maintaining cultural and spiritual considerations._x000D_
It is thus a growing realisation by many Traditional Owners that long-term benefits occur as a result of exploration and production of oil or minerals. There are promising results from Primary Industry and Resources of South Australia's (PIRSA) Aero-magnetic Surveys on the Musgrave and Mann Ranges and soon to be completed surveys of the remaining southern half of AP Lands (see Appendix 3). PIRSA and mining companies - such as Rio Tinto Exploration Pty Ltd and Delta Gold NL - have been more conscious of the necessity for improving the dissemination of information to Traditional Owners and to AP members. With recent findings of large nickel deposits just over the border in Western Australia, there is a strong indication that discoveries may occur on AP Lands as similar geological information is present on the east Musgrave Block. Consequently there are concerted efforts by the legal and anthropological services of the Pitjantjatjara Council to arrange Workshops and Summit meeting to give extra information - particularly information concerning the true effect of large-scale mining operations - to members to properly consider these proposals. Pitjantjatjara Council will play a major role in any decisions effecting Traditional Owners and AP, and will ensure orderly and professional services when dealing with legal, cultural and sensitive matters._x000D_
This paper addresses the historical and current relationship between Pitjantjatjara Council and AP, with an emphasis on mining operations on AP Lands. It argues that future economic and social development on AP Lands hinge predominantly on the legal recognition of the Pitjantjatjara Council for its ongoing role, responsibilities and protection afforded to AP and its Traditional Owners.
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  • Published: 2002
  • PDF Size: 0.913 Mb.
  • Unique ID: P200204025

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