Canberra’s greed is beyond control

May 31, 2012, 08:50 PM

In a speech to the Minerals Council Prime Minister Julia Gillard has told the miners something they already know – they don't own the minerals. On the

"Governments only sell you the right to mine the resource.” "A resource we hold in trust for a sovereign people.” "They own it and they deserve their share.”

The Prime Minister has muddied the facts.

This is to justify Canberra's outrageous move into yet another area reserved to the states for their income.

The federal government already takes 80% of the all taxes.

Canberra doles out money to the states so that it can control precisely what they do. This is not how the Federation was supposed to work.

It’s the result of years of the federal government moving into areas of state taxation.

It is to allow Canberra to control matters and do things which are completely beyond their understanding.

The Prime Minister says “we” hold the minerals in trust for sovereign people.

Who is “we”?

Obviously she means her government.

The answer to the question who owns the minerals is simple.

You just look at the original crown grant. That's the grant of land by the colony or state concerned.

It's a document usually issued under the signature of and the seal of the governor. In most instances you will find a reservation of minerals to the crown.

That mean, as the lawyers say, the crown “in the right of the state”. So it's the state government which is the trustee of the minerals for the people.

Sometimes the crown grant has not reserved the minerals so the land holder owns them.

If the minerals belong to the people, they belong to the people of the state concerned.

So the minerals in Western Australia belong legally to the crown in the right of Western Australia and are therefore held in trust for the people of Western Australia. The same is true of every other state.

So the federal government should butt out of trying to move into yet another area of getting more taxes.

The federal government should get its hands off the mineral resources of Western Australia, South Australia, Queensland, Victoria, New South Wales and Tasmania.

Canberra’s greed seems to be beyond control. That’s why the people should be able to recall their governments.