Sunday, January 1, 2023

Australia's PM Albanese preparing miners for a free carried interest regime in favour of " Australia's first miners" - Albanese's Voice Constitutional amendments can enable a new mining fiscal regime designed to enrich Aboriginal entities


by Ganesh Sahathevan



PM Albanese has appointed First Nations leaders to guide referendum on Indigenous voice. 
They can be expected to enter the ranks of Australia's billionaires if the referendum succeeds.
Senators Linda Burney and Pat Dodson are suggesting that they do not have a voice in Parliament 

In September 2022 Australia's Prime Minister Anthony Albanese told a gathering of miners: 

A Voice to Parliament is a matter of common courtesy and common sense.

It pays respect to the extraordinary privilege we have to share this ancient continent with the world’s oldest continuous culture.

It’s heartening - and fitting - that leaders from the likes of BHP and Rio have already made such worthwhile contributions to this debate.
Because just as our history didn’t begin in 1788, mining in Australia didn’t begin with the Gold Rush.
First Nations people were digging for ochre in Wilgie Mia in the west - and trading it with people in the east, over 30,000 years ago.
And, alongside the conversation about constitutional change…


Albanese's comments are repeated on the Commonwealth Department Of Primary Of Industries website where Aborigines are described as Australia's first miners. The characterisation of Aborigines as Australia's first miners, and the assertion that the Stone Age Aboriginal societies had a mining industry going back more than 30,000 years prepares the ground for the assertion that European settlers usurped an exisiting, sophisticated mining industry.

Then, the fact of  the Australian mining industry being founded on European technology can be put aside, and some form of compensation for that usurpation negotiated. The Voice referendum can be used to enable rules that will further that objective, as one can see from the example of South Africa and Malaysia. 

The US Biden-Harris Administration's proposals for  "inviting Tribes to join pre-application meetings with mine developers" are another example and could well provide a model for legislation in Australia. 


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TO BE READ WITH 


FACT SHEET: Biden-⁠Harris Administration Announces New Actions to Support Indian Country and Native Communities Ahead of the Administration’s Second Tribal Nations Summit

Domestic Mining Law Reform– Improving Tribal Engagement. This year, DOI launched an interagency working group to reform hardrock mining laws and policies to ensure that mining activities are conducted using strong environmental, sustainability, safety, Tribal consultation, and community engagement standards. 


Today, DOI and USDA are implementing a number of recommendations that will be part of a forthcoming report from the Interagency Working Group on Mining Regulations, Laws, and Permitting, including 


(1) recommendations on ways to ensure Tribes are engaged earlier during the development of mining proposals on public lands; 


(2) providing Tribes a seat at the table in discussions regarding mining proposals; and 


(3) improving consideration and protection of Tribal interests and resources as mining decisions are being made. Several steps will be implemented by DOI’s Bureau of Land Management, such as notifying Tribes when exploration work is about to occur and inviting Tribes to join pre-application meetings with mine developers. Complimentary to the efforts described above, the U.S. Federal Permitting Improvement Steering Council (Permitting Council) will set aside $5 million for Federally recognized Tribes in order to enhance Tribal engagement in the permitting review and authorization process for FAST-41 covered projects. The Permitting Council will issue a Dear Tribal Leader Letter to initiate consultations starting in February to design the program.



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