A new state? Think creative governance instead

Word on the street (ie all over mainstream news outlets, on social media and in pubs across the north) has it that there is a push for a new state of North Queensland. A new state, they say, that is truly representative of the needs of those in the north, and one that will equitably distribute state finances and finally provide the infrastructure the north needs.

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The issue is as old as federation itself and certainly, the Constitution provides for a fairly straightforward reception of new states into the federation – subject to the agreement of the parliament of the relevant state. So – legally possible, but likely politically unviable as states presumably seek to retain their stake in national taxation revenues, and their political power base. It is difficult to imagine that the relatively small population in the north could outvote the populous south-east of the state, to effect such radical change. It is also difficult to imagine the economic viability of the north as its own state.

The real problem though for those who call for North Queensland secession, is that they smack of parochialism and are therefore treated with derision by those in the south. This buries the real issue underlying the movement. While a new state might be the wrong solution, calls for a split state signal a deeper problem of our system of governance that deserves attention.

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Mining proposal sets new benchmark of Indigenous exclusion

Screen Shot 2015-11-27 at 9.05.13 pmMining company Adani wishes to build an airport, power station and accommodation for its Carmichael mine on leasehold land it owns in central Queensland. ABC now reports that the Queensland Coordinator-General has proposed that the government convert Adani’s leasehold land into freehold land. The effect of this conversion would be to extinguish native title over the land, held by the Wangan and Jabilingou people. While the government has extinguished native title this way in the past, this is apparently the first time that it will be done without the agreement of the traditional owners.

This move calls into question the Queensland government’s commitment to human rights – notably the right to free, prior and informed consent. This post explores the implications of this decision, and the precedent it sets for land dealings – notably against the backdrop of the pro-development approach of the Northern Development White Paper.

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Freehold tenure: it’s no panacea for the north

Roo at UndaraThe contemporary discourse around land tenure in Queensland – and more widely in Northern Australia – is about facilitating economic development (or sometimes ‘growth’). Of little interest in most metropolitan areas, land tenure is of great interest to pastoralists and Indigenous Australians, both of which groups hold tenures ‘less than freehold’. It is also of great interest to government, both state and federal, seeking to promote economic development.

One of the recurrent themes in economic development in the north is the need for ‘secure tradeable’ interests in land. This concept is implicit in the recent Queensland reforms allowing holders of Indigenous tenures to ‘freehold’ their land. The cost of this is extinguishment of native title, albeit in consultation with traditional owners. The implied benefit is the ability to use land as collateral for investment.

This post challenges the received wisdom of freehold as the gold standard of land tenure. I suggest that we should be thinking more creatively about tenure and economic development in the north, in particular respecting Aboriginal and Torres Strait Islander interests in land.

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Northern Australia development: a stocktake of land tenure issues

Cobbold GorgeThe Commonwealth government recently released its White Paper on Developing Northern Australia (‘White Paper’). The White Paper identifies land tenure as a key component of development in the north. It identifies challenges associated with land tenure, and proposes some tentative solutions, although in the main the action plan for land promotes undertaking pilot schemes rather than concrete plans.

This post outlines the land tenure ‘challenges’ identified in the White Paper, the opportunities that might arise and some of the potential impacts. In particular, I am interested in how the language around land tenure might advance or affect social and environmental objectives in northern Australia.

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