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DARWIN - Australia's federal government could face legal action over its plans to scrap the permit system and seize control of 73 Aboriginal communities in the Northern Territory.
Flagged by the territory government today, the move follows mounting criticism from police, lawyers and Aborigines about a lack of
evidence linking reduced child abuse to the land reforms
NT Attorney-General Syd Stirling today said Aboriginal communities territory-wide were angry, confused and talking of legal action.
He said the territory government was seeking advice from the Justice Department about what shape the commonwealth's proposed amendment to the Land Rights Act might take "and then what we as a government might do".
The Central Land Council and Northern Land Council (NLC) were expected to support any legal action and "present a united front", he said.
"If your rights are taken away there is generally a legal recourse and a legal challenge.
"This is critical to indigenous people in these communities... that permit is a signal to everybody else that they own that land.
"If that is taken away, and the views are that this is the first step, then you are beginning to unwind Aboriginal land rights."
Stirling said Aboriginal people embraced a number of Canberra's reforms, such as bans on alcohol, drugs, pornography and a focus on school attendance -- "where there are perceived links to abuse of children".
"But there is no acceptance and no understanding of any link between land acquisition, permits and the protection of children," he said.
NLC chief executive Norman Fry said scrapping the system was discriminatory, reckless and legally questionable.
Rampant tourism would be the result, instantly turning sacred lands into one of the world's most sought after backpacker destinations.
"Compulsory acquisition of private property without consultation is discriminatory and cannot be justified," Fry said.
"This short-sighted approach polarises complex issues and will inevitably lead to High Court legal action, international complaint and universal opposition from traditional owners and communities."
Fry said Aboriginal people were entitled to the same rights as other Australians.
"This must include ensuring that tribal Aboriginal people are not subjected to rampant tourism or rampant journalism," he said.
"Beaches and rivers in communities will be packed with sunbathing backpackers, four-wheel drives, recreational fishers and campers - at the expense of fragile ecosystems and the interests of Aboriginal people."
Federal Indigenous Affairs Minister Mal Brough said NT government could no longer hide behind the permit system for the lack of policing in indigenous communities.
"It has failed to protect children in indigenous communities from abuse," he said.
"The NT Police do a wonderful job but are under-resourced and over stretched and find themselves having to rely on a failed system that would not be tolerated in any other part of Australia."
Brough said acquiring the communities for five years is crucial to removing artificial barriers that prevent urgent action.
"The necessary changes that are required to secure better, healthier, safer living environments for kids in these communities," Brough said.
NT Police Association president Vince Kelly said his bush colleagues wanted to retain the permit system.
"The federal government, in my view, has not yet made it clear what the connection is between the Aboriginal land permit system and the sexual abuse of women and children in these communities," he said.
"So my view is they simply have not made out a case ... clearly they have some control at the moment of who comes into the (communities).
"To simply remove the permit system would mean there would be no requirement for any monitoring of what goes on, so it'd be open slather."
Allison Robertson, president of the NT Law Society, said the legal fraternity had serious misgivings about the legitimacy of the government's reforms.
"We are concerned with some of the legal issues that could affect people's rights," she told ABC radio.
"We have the same concerns as Attorney-General Syd Stirling ... nobody again can give us a convincing link between removing permits and assisting and reducing child abuse.
"In fact, more and more people are suggesting that removing permits could open the way for unscrupulous people."
Robertson said it was unclear what form the compulsory acquisition townships would take, but she though it likely there would be room for legal action by traditional land owners and native title holders.
- AAP
