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You can find the current article at its original source at https://www.theguardian.com/australia-news/2017/jul/16/kulaluk-lease-nt-minister-upholds-rejection-of-aboriginal-site-heritage-listing
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| Version 1 | Version 2 |
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| Kulaluk lease: NT minister upholds rejection of Aboriginal site heritage listing | Kulaluk lease: NT minister upholds rejection of Aboriginal site heritage listing |
| (about 1 month later) | |
| The Northern Territory minister for culture has followed the much-criticised footsteps of her predecessor and rejected a recommendation to heritage list a tract of Aboriginal land near Darwin. | The Northern Territory minister for culture has followed the much-criticised footsteps of her predecessor and rejected a recommendation to heritage list a tract of Aboriginal land near Darwin. |
| Lauren Moss confirmed on Sunday she had made the ruling on the Kulaluk lease because she believed current planning legislation provided enough protection for the 300ha of land. | Lauren Moss confirmed on Sunday she had made the ruling on the Kulaluk lease because she believed current planning legislation provided enough protection for the 300ha of land. |
| A special purpose lease over the Kulaluk land was granted to the Gwalwa Daraniki Association in 1979 after a long – and sometimes violent – battle over land rights in Darwin. It was the first land title handed back to its traditional owners within an Australian capital city. | A special purpose lease over the Kulaluk land was granted to the Gwalwa Daraniki Association in 1979 after a long – and sometimes violent – battle over land rights in Darwin. It was the first land title handed back to its traditional owners within an Australian capital city. |
| Last year a decision by the then planning minister, Dave Tollner, to reject a recommendation by the Heritage Council that the site be heritage listed was challenged in the supreme court. | Last year a decision by the then planning minister, Dave Tollner, to reject a recommendation by the Heritage Council that the site be heritage listed was challenged in the supreme court. |
| Following the August NT election, it was decided the new Labor minister would reassess it. On Sunday, Moss upheld Tollner’s decision. | Following the August NT election, it was decided the new Labor minister would reassess it. On Sunday, Moss upheld Tollner’s decision. |
| She said it was an “exceptionally difficult” decision and, while she agreed with the Heritage Council that the area was of significance and cultural importance, she did not agree that it should be heritage listed. | She said it was an “exceptionally difficult” decision and, while she agreed with the Heritage Council that the area was of significance and cultural importance, she did not agree that it should be heritage listed. |
| Moss said had considered all the submissions, including an independent 2015 report that also backed heritage listing, but decided Kulaluk could be adequately protected under existing legislation. | Moss said had considered all the submissions, including an independent 2015 report that also backed heritage listing, but decided Kulaluk could be adequately protected under existing legislation. |
| Moss said Indigenous places, artefacts and sacred sites were already protected by the Heritage Act and the Sacred Sites Act, and more than 80% of the area was currently zoned as “conservation”. | Moss said Indigenous places, artefacts and sacred sites were already protected by the Heritage Act and the Sacred Sites Act, and more than 80% of the area was currently zoned as “conservation”. |
| However, she would not guarantee her government would prevent any changes to the conservation zoning of the land, which sits on the coastline just 30km from the Darwin CBD. | However, she would not guarantee her government would prevent any changes to the conservation zoning of the land, which sits on the coastline just 30km from the Darwin CBD. |
| Moss said no development applications had been submitted for the area and neither she – nor, to her knowledge, anyone else from government – had met with parties interested in development about Kulaluk. | Moss said no development applications had been submitted for the area and neither she – nor, to her knowledge, anyone else from government – had met with parties interested in development about Kulaluk. |
| The Gwalwa Daraniki Association, led by Helen Secretary, had pushed to develop large parcels of the Kulaluk land for the economic benefit of the communities on the land. A section has already been developed and some deals already made with other developers. | The Gwalwa Daraniki Association, led by Helen Secretary, had pushed to develop large parcels of the Kulaluk land for the economic benefit of the communities on the land. A section has already been developed and some deals already made with other developers. |
| Larrakia Nation Aboriginal Corporation had pushed for heritage listing in order to strengthen safeguards for any future projects, particularly as burial sites and ceremonial grounds are contained within the area. | Larrakia Nation Aboriginal Corporation had pushed for heritage listing in order to strengthen safeguards for any future projects, particularly as burial sites and ceremonial grounds are contained within the area. |
| Moss was forced to make the announcement a day early after her decision was leaked to the NT News and she had not yet informed Larrakia Nation or the Gwalwa Daraniki Association. | Moss was forced to make the announcement a day early after her decision was leaked to the NT News and she had not yet informed Larrakia Nation or the Gwalwa Daraniki Association. |
| David Morris, principal lawyer at the Environmental Defenders Office NT, representing Larrakia Nation, said Moss’s decision had “denied those heritage values a seat at the table”. | David Morris, principal lawyer at the Environmental Defenders Office NT, representing Larrakia Nation, said Moss’s decision had “denied those heritage values a seat at the table”. |
| “Making the declaration would not have prohibited development but would have ensured due regard was given to the heritage values existing on the site and that were accepted by the minister,” he said. | “Making the declaration would not have prohibited development but would have ensured due regard was given to the heritage values existing on the site and that were accepted by the minister,” he said. |
| He said the Planning Act required any heritage declaration be considered in planning decisions and wasn’t enough protection on its own. | He said the Planning Act required any heritage declaration be considered in planning decisions and wasn’t enough protection on its own. |
| “You never hear, when it’s about a colonial building or world war relic, that planning is the appropriate place to deal with this,” he said. “They get heritage listed all the time. | “You never hear, when it’s about a colonial building or world war relic, that planning is the appropriate place to deal with this,” he said. “They get heritage listed all the time. |
| “But when it’s a bit more difficult – a larger area and [significant because of] the Indigenous land rights struggle – the Planning Act suddenly becomes the appropriate vehicle and there’s not enough protection.” | “But when it’s a bit more difficult – a larger area and [significant because of] the Indigenous land rights struggle – the Planning Act suddenly becomes the appropriate vehicle and there’s not enough protection.” |
| Morris said his clients would take “little comfort” from the conservation zoning, which he said could be changed easily by a minister. | Morris said his clients would take “little comfort” from the conservation zoning, which he said could be changed easily by a minister. |
| “This was a real opportunity for healing,” he said. “The Larrakia interests around Darwin have been involved in a very, very long struggle and obviously had many setback over the years. | “This was a real opportunity for healing,” he said. “The Larrakia interests around Darwin have been involved in a very, very long struggle and obviously had many setback over the years. |
| “But to my mind this becomes another regrettable example of development interests trumping those of Larrakia heritage, trumping those of environmental concern and trumping those of community desires.” | “But to my mind this becomes another regrettable example of development interests trumping those of Larrakia heritage, trumping those of environmental concern and trumping those of community desires.” |
| When Tollner rejected the Heritage Council’s recommendation, the Labor opposition described it as an example of his “preferred method of operation” as minister, accusing him of “running loose and wild with planning decisions” and lacking accountability. | When Tollner rejected the Heritage Council’s recommendation, the Labor opposition described it as an example of his “preferred method of operation” as minister, accusing him of “running loose and wild with planning decisions” and lacking accountability. |
| On Sunday, Moss denied her decision mirrored Tollner’s and noted he held decision-making power for both heritage listing and for planning. | On Sunday, Moss denied her decision mirrored Tollner’s and noted he held decision-making power for both heritage listing and for planning. |
| “There was a court decision on this to refer the decision back to the minister because not all the relevant information had not been considered, and due process was not given to that decision,” she said. | “There was a court decision on this to refer the decision back to the minister because not all the relevant information had not been considered, and due process was not given to that decision,” she said. |
| “That has now happened and I have considered all the submissions and the relevant documentation in making that decision.” | “That has now happened and I have considered all the submissions and the relevant documentation in making that decision.” |
| Northern Territory | Northern Territory |
| Northern Territory politics | Northern Territory politics |
| Indigenous Australians | Indigenous Australians |
| Darwin | Darwin |
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