By Bill Mason

BRISBANE -- Veteran state Labor MP Jim Fouras has warned the ALP it will deprive Aboriginal people of a “fundamental right to land” if it proceeds with its native title legislation, now before state parliament.

Fouras quoted legal advice from QC Walter Sofranoff which raised legal questions about the validity of the legislation, which purports to “bring certainty” to graziers and mining companies over native title.

Sofranoff argues that grazing homestead perpetual leases do not extinguish native title. If he is correct, thousands of leases across Queensland are still open to challenge.

The Queensland Indigenous Working Group will use the advice as the basis of a legal challenge to premier Peter Beattie's bill. Beattie admitted on August 26 that “indigenous Queenslanders are disadvantaged as a result of this bill ... I am pursuing it because I believe there needs to be certainty for investment and the mining industry and the pastoralists.”

Beattie should “withdraw his bill and draw up new legislation to implement full Aboriginal land rights”, said Coral Wynter, Democratic Socialist Senate candidate for Queensland. “That's the only kind of `certainty' we need -- full recognition of Aboriginal rights to native title and compensation for past wrongs.”

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