1 00:00:00,080 --> 00:00:03,240 Speaker 1: Forcuerre and Seabed update on the court proceedings yesterday. So 2 00:00:03,400 --> 00:00:07,320 Speaker 1: this is basically the Government being allowed to appeal a 3 00:00:07,360 --> 00:00:10,280 Speaker 1: decision that was made last year by an appeals court. 4 00:00:10,360 --> 00:00:13,480 Speaker 1: It's the Supreme Court that's handed out this somewhat of 5 00:00:13,480 --> 00:00:15,920 Speaker 1: a win for the government. You'd have to say, it's 6 00:00:16,000 --> 00:00:20,320 Speaker 1: all about customary marine title, customary rights to the Foreshaw 7 00:00:20,360 --> 00:00:23,520 Speaker 1: and Seabed. Christin Lason is the former Treaty negotiations minister 8 00:00:23,520 --> 00:00:25,000 Speaker 1: and attorney generally is with us this morning. 9 00:00:25,000 --> 00:00:27,040 Speaker 2: Good morning, Good morning to you. 10 00:00:27,400 --> 00:00:29,040 Speaker 1: How significant is this? 11 00:00:30,640 --> 00:00:34,600 Speaker 2: I think it's a very significant decision. The Supreme Court 12 00:00:35,320 --> 00:00:41,200 Speaker 2: has considered the background to the Marine and Coastal Act 13 00:00:41,360 --> 00:00:45,160 Speaker 2: two thousand and eleven and has had a good hard 14 00:00:45,240 --> 00:00:50,440 Speaker 2: look at Section fifty eight, which deals with customary marine title, 15 00:00:51,440 --> 00:00:56,920 Speaker 2: and has has repaired the problems caused by the Court 16 00:00:56,920 --> 00:01:00,440 Speaker 2: of Appeal judgment. So it's a very significant judgment. 17 00:01:01,080 --> 00:01:03,000 Speaker 1: So we still have to wait for the government to 18 00:01:03,080 --> 00:01:05,920 Speaker 1: appeal the decision. Right they have been given the right 19 00:01:05,959 --> 00:01:08,000 Speaker 1: to appeal the decision, but they haven't said that they 20 00:01:08,040 --> 00:01:10,920 Speaker 1: will do that yet. Does this nullify the need for 21 00:01:11,280 --> 00:01:13,479 Speaker 1: the government's amendment to the bill? 22 00:01:14,720 --> 00:01:18,959 Speaker 2: I think that's a very good question. Legislation was introduced. 23 00:01:19,000 --> 00:01:21,280 Speaker 2: It may have been better to have waited until the 24 00:01:21,319 --> 00:01:25,679 Speaker 2: Supreme Court delivered its decision before deciding whether to proceed 25 00:01:25,840 --> 00:01:30,360 Speaker 2: was legislation. But I've given a lot of thought to 26 00:01:31,440 --> 00:01:35,880 Speaker 2: your questions since I read the judgment yesterday afternoon, and 27 00:01:36,000 --> 00:01:38,640 Speaker 2: that I can't see the needs for legislation now. 28 00:01:39,040 --> 00:01:41,559 Speaker 1: So you would stop it because it's from memory past 29 00:01:41,560 --> 00:01:44,360 Speaker 1: its first reading. I think it's submissions have been called 30 00:01:44,360 --> 00:01:46,679 Speaker 1: from a select committee. You just get rid of the bill, 31 00:01:47,240 --> 00:01:50,080 Speaker 1: I mean, because they can appeal it, but then it 32 00:01:50,080 --> 00:01:51,360 Speaker 1: could still bounce back again. 33 00:01:51,440 --> 00:01:55,600 Speaker 2: Right, Well, they have appealed it and the Attorney General 34 00:01:55,720 --> 00:01:59,960 Speaker 2: was successful in the Supreme Court. But question is, given 35 00:02:00,120 --> 00:02:03,400 Speaker 2: that success, given the decision of the Supreme Court, is 36 00:02:03,560 --> 00:02:08,840 Speaker 2: legislation clarifying the Court of Appeal decision now necessary? And 37 00:02:08,880 --> 00:02:11,280 Speaker 2: I don't think it is right. I think one can 38 00:02:11,320 --> 00:02:15,080 Speaker 2: proceed on the basis of the Supreme Court decision without 39 00:02:15,120 --> 00:02:16,200 Speaker 2: the need for legislation. 40 00:02:16,400 --> 00:02:18,400 Speaker 1: I guess they don't call it the Supreme Court for nothing, 41 00:02:18,400 --> 00:02:20,160 Speaker 1: do they. Chris fin Lason, thank you very much for 42 00:02:20,200 --> 00:02:23,080 Speaker 1: your time. The Attorney General and form a treaty negotiations. 43 00:02:23,080 --> 00:02:26,799 Speaker 1: Minister For more from Early Edition with Ryan Bridge, listen 44 00:02:26,880 --> 00:02:29,920 Speaker 1: live to news talks it'd be from five am weekdays, 45 00:02:30,200 --> 00:02:32,239 Speaker 1: or follow the podcast on iHeartRadio