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Constitutional Challenge To The Acquisition of Property in NT |
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A case has been commenced in the High Court of Australia challenging the Constitutional validity of certain sections of the Northern Territory National Emergency Response Act 2007 (Cth) and the Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures Act 2007 (Cth).
The case is concerned solely with the Constitutional validity of the provisions that:
(1) grant to the Commonwealth a 5 year lease over the Aboriginal land in and around the townships in the Northern Territory;
(2) grant to the Commonwealth the power to acquire all of the moveable assets of Aboriginal corporations conducting business, enterprises or activities in the townships;
(3) abolish the permit system.
The case has been brought by:
1. Reggie Wurridjal, a traditional Aboriginal owner of land in the Northern Territory known as the Maningrida land; and
2. the Bawinanga Aboriginal Corporation, a substantial Aboriginal community services organisation which owns and operates businesses and community services on the Maningrida land for the benefit of the Aboriginal community.
The precise basis of the claims of Reggie Wurridjal and Bawinanga Aboriginal Corporation is set out in the Statement of Claim filed late yesterday in the High Court. In the Statement of Claim the Plaintiffs are seeking declarations that the relevant provisions of the legislation are invalid, and orders restraining the Commonwealth from relying on those provisions to occupy the Maningrida land or to acquire Bawinanga's assets.
The High Court has listed the matter for directions on Thursday 1 November 2007.
Further information:
St John Frawley (Partner, Holding Redlich) (03) 9321 9809
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