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Native Title Legislation

Amendments Roles and responsibilities Strategic Plan

Following the High Court of Australia's 1992 Mabo decision, which recognised the existence of native title to land under Australian law, the Keating Labor government passed the 1993 Native Title Act. The Act established a National Native Title Tribunal and processes for dealing with applications for determination of native title by Aboriginal people who still had a traditional connection to their country.

It also provided for a statutory right to negotiate with developers wanting to access land where native title interests existed. In 1996, the High Court of Australia made another native title finding in the Wik decision - that native title rights continue to co-exist on pastoral leases.

Amendments

However, in response, the Howard Government in 1998 significantly amended the Native Title Act to limit the rights of native title holders, and to give state and territory governments the power to legislate for their own native title regimes. The right to negotiate was diminished to a right to be consulted and native title rights to pastoral leases, waters and towns extinguished or reduced.

Roles and responsibilities

The Northern Land Council has various roles and responsibilities as a representative body under the Native Title Act. Section 202 outlines these and includes:

		Preparation and processing of applications for determination of native title or compensation for acts affecting native title.
		Assist in the resolution of disagreements among Aboriginal people or groups about the applications.
		Represent Aboriginal people as requested to assist with negotiations or proceedings which may affect native title, for the provision of compensation related to native title, land use agreements and other matters related to native title.
		The Federal Minister for Aboriginal Affairs determines which bodies are representative bodies.

Click here for more information on Native Title.

Strategic Plan

The NLC Native Title Strategic Plan 2001 - 2004 came into effect on 1 July 2001. Key elements of the plan are as follows:

	Vision Statement
	The Northern Land Council will consult with and effectively represent the views of Aboriginal people in its region in developing policies and initiating actions which enhance self-determination and cultural survival, particularly on matters to do with country and Indigenous peoples' rights.
	Purpose
	In accordance with its statutory functions, the NLC assists Aboriginal people to obtain recognition of, and fully enjoy, their native title rights and interests.
	Strategic Objectives
	1. To promote and establish the recognition of native title by the Australian law. 2. To develop and pursue non-legal strategies, in conjunction with the legal strategy, to facilitate and assist in recognition and protection of native title. 3. To achieve resolution of native title issues through negotiation and agreement rather than litigation where rights are established/recognised. a. To assist and represent native title holders in relation to ILUAs and other agreements. b. To enter into negotiations with developers and/or governments in relation to major projects in advance of formal NTA processes beginning. 4. To pursue constitutional and other strategies for secure entrenchment of Indigenous native title rights. 5. When requested, and in accordance with the approved priorities, facilitate and assist native title holders and registered native title bodies corporate in: a. claimant and non-claimant applications b. consultations and negotiations c. other proceedings related to native title applications d. rights of access conferred under the Native Title Act; and e. other matters relating to native title