Lawyers will be excited and busy this week. Government lawyers will be reading the decision closely and working out how to proceed. Often where States or Territories have granted tenure for specific projects (such as a mine) there is a contractual agreement between the State or Territory and the project proponent that passes compensation liabilities through to the proponent, so there will also be some company lawyers busy assessing potential liabilities. Lawyers who represent indigenous groups will be carefully considering where to go next.
The Territory government and land councils each have significant real world authority over the same land mass, and therefore real roles in important decisions made about land use, tenure and development on half of the Territory’s land, which in turn comprises twenty percent of Australia’s land mass.
The everyday materiality of cement raises everyday questions: what about the effects of corrosion, seismic activity, moisture, design flaws and age on cement’s presumed durability? Harkness writes that concrete’s “guileful ruse is to offer us a permanent fix, once and for all”. Cement’s claim of permanence is deceptive, particularly when compared with the resource that is to be extracted.
At a media conference, an angry Keating attacked the Eva Valley statement and Mick Dodson in particular for a critical speech Dodson had made in Geneva a few weeks earlier. He at the same time praised Sol Bellear and Noel Pearson for their 'supportive comments': Gary Foley, 2001.
It is unsurprising that Windschuttle—as most of us do—struggles with the complexity of the Native Title Act but the least we can expect is that if he is going to throw up ideas based on the application of that Act it is not unreasonable that he exhibit at least a working comprehension of the operation of the Act and its basic concepts.
Earlier this year Warren Mundine told The Australian that Aboriginal people were sick of being 'bullshitted to.' This time next week Mundine may be the most powerful blackfella in the country. Is Mundine's vision one of 'elegance & simplicity' or just more bullshit?