Matt Canavan threatens challenge to tree-clearing laws

The Turnbull government is threatening to use the Racial Discrimination Act to overturn a revived tree-clearing crackdown.

Australian Resources Minister Matt Canavan. Picture: AAP

The Turnbull government is threatening to use the Racial ­Discrimination Act in an attempt to overturn a revived tree-clearing crackdown in Queensland, which is expected to be passed into law this week.

Federal Minister for Resources and Northern Australia Matthew Canavan confirmed that advice was being sought to possibly intervene in the High Court over the state laws.

Senator Canavan said the federal government was responding to calls from indigenous leaders who believed the proposed legislation would stifle economic ­development opportunities on Cape York.

The revival of the legislation, which contains more restrictions than flagged at the November election, follows the defeat of similar laws under the previous minority Palaszczuk government when it was opposed by former indigenous MP Billy Gordon.

Under the crackdown, broadscale clearing will be banned along with new restrictions on the farming practice of “thinning” and regrowth clearing.

Senator Canavan said the Labor government would effectively be blocking development on Cape York.

“I am very concerned that the Queensland legislation will deny indigenous Australians the same economic opportunities that others have ­already enjoyed,’’ he said. “Indigenous people have only just got their land rights and now the state is moving to take them away.

“We are looking at whether the commonwealth should take legal action to stop the laws under the Racial Discrimination Act.’’

Senator Canavan said there was precedent where the federal government had used legal ­action to intervene, including the Franklin Dam case in the 1980s.

The laws, which are opposed by the state opposition and farm representative body AgForce, could be introduced this week.

Aboriginal leaders have ­accused the Labor government of pandering to Greens supporters in Brisbane’s inner city, ­saying that proposed large agriculture ventures on Cape York are already under threat of losing investment because of the laws.

Gerhardt Pearson, executive director of Balkanu, an economic development organisation for Cape York, hoped the federal government would consider legal action to the laws.

Mr Pearson and other Cape York leaders, including his ­brother Noel, led a campaign against the Bligh Labor government’s Wild Rivers economic protection legislation — which had similar restrictions — that eventually resulted in a court ­declaring parts of it invalid in 2014.

“Once again we have an unnecessary set of laws that restricts economic development for the people of Cape York,’’ Mr Pearson said.

“It seems there is no end to Labor and Greens’ madness.”

State Natural Resources Minister Anthony Lynham said there were provisions under the Cape York Peninsula Heritage Act to allow for land clearing for Aboriginal development.

“A review of this act is set to begin shortly to see how it can better serve indigenous communities,” Mr Lynham said.

“In particular, the ­review will analyse how the act is meeting their economic and ­environmental aspirations for their country.”