April 20, 2015
SYDNEY — Aboriginal people are gaining benefits from the federal government’s constitutional duty to consult over development, says Bernd Christmas.
“Generally speaking, I would say the law is … pretty standard now,” Christmas said.
“The Supreme Court has come out with a lot of court cases that kind of fleshed it out and made it a little bit stronger, and the basic part of it is that the government, or the designated company or proponent, has to consult in what they call a fair and good-faith manner.
“You have to keep in mind that it doesn’t give the indigenous group veto power … over whether the project is going to go or to not go, but it gives them the ability to see the project doesn’t affect certain rights or title.”
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