Dr WASHER (Moore) (11:59): by leave—I move opposition amendments (2) to (7): (2) Clause 5, page 16 (after line 26), after the definition of native title, insert: native title future act provisions means the provisions of Division 3 of Part 2 of the Native Title Act 1993. (3) Clause 44, page 70 (lines 24 to 29), omit subclause (7), substitute: (7) For the purposes of this Act, if the area of land is land rights land in a State or Territory, the Crown lands Minister of the State or Territory holds an eligible interest in the area of land. (4) Clause 45, page 71 (lines 4 to 8), omit subclause (2), substitute: (2) For the purposes of this Act, the Crown lands Minister of the State or Territory holds an eligible interest in the area of land. (5) Clause 45, page 72 (lines 27 to 32), omit subclause (7), substitute: (7) For the purposes of this Act, if the area of land is land rights land in a State or Territory, the Crown lands Minister of the State or Territory holds an eligible interest in the area of land. (6) Clause 301, page 301 (line 26), before 'This', insert '(1)'. (7) Clause 301, page 301 (after line 26), at the end of the clause, add: (2) To avoid doubt, the native title future act provisions apply to any consent under this Act in relation to native title land. The Hon. Norman Moore MLC, Minister for Mines and Petroleum in Western Australia, stated in his letter to Senator Cormann that currently 26.5 per cent of Western Australia constitutes determined exclusive native title land. Within the boundaries of this land, there are 1,059 mining tenements impacted by determined exclusive native title claims. Of these, 432 are live tenements and 627 are pending tenements. The total area of mining tenements over the determined exclusive native title claims is 18,740,919 hectares of which 5,197,420 hectares are live tenements and 13,543,499 hectares are pending tenements. There are also 23 granted petroleum titles impacted by determined exclusive native title and there are 20 under application. The state, through its ownership of minerals and petroleum, has interests in crown land. Any scheme that enables any interest in carbon sequestration should therefore require the state's consent. This will recognise that the state has an ongoing underlying interest in exclusive possession native title land and would allow the state to engage appropriately with native title holders and to manage incompatible interests before conflicts arise. It would also allow native title parties to consider whether it would be beneficial to engage in Western Australia's commercially based tenure scheme, under its Carbon Rights Act 2003, rather than in the Commonwealth CFI scheme. The amendments which have been drafted are designed to address two of the three issues which were identified by the WA state government. The first of these is that the state needs to have an eligible interest over crown land. Under the bill as drafted, it is not clear that state governments have an eligible interest over all crown lands. Given that the state could incur residual liabilities as a third party—under the carbon maintenance obligation in the bill, for example—it is only reasonable that state governments have a declared eligible interest in the land and that they are consulted before a carbon farming scheme is allowed. Amendments (3), (4) and (5) ensure that the relevant state minister has an eligible interest over projects on crown lands. The second issue identified by the WA state government relates to native title. Exclusive possession native title holders under the bill have an eligible interest in carbon sequestration. This effectively gives them right of veto and requires further consultation in addition to that required under the Native Title Act 1993, or NTA 1993, future act process. This kind of veto power would have negative ramifications on development. The amendments make clear that the NTA 1993 future act provision applies to native title consents under this bill. This issue is addressed in amendments (2), (6) and (7).