 |
Right to be
Consulted
Under the amended 1993
Native Title Act, provisions have been put in place which
give registered applicants for determination of native title
the "right to be consulted" over some types of mining
and mineral exploration. The right to be consulted includes
the right:
|
-
|
to be notified
|
|
-
|
to lodge an objection
|
|
-
|
for objectors to be consulted
|
|
-
|
to be heard by an independent person
|
|
-
|
to seek compensation for loss or impairment
of native title rights and interests.
|
Those applicants intending to make an objection
to an application for a mining or exploration lease have three
months in which to formally lodge their objection with the
Native Title Tribunal.
|
|
Successful
Negotiations
This legislation was used in successful negotiations with
Ashton Mining to permit the go ahead of the Merlin diamond
mine in the Borroloola region in 1998. The agreement
permits mining in exchange for a compensation package including
a profit share arrangement, sacred site protection, an employment
program, and access for traditional purposes.
|
|
No More Backlog
In response to the Federal Government's plans to amend the
Native Title Act with its 10-Point
Plan, in 1996 the NT Government proposed its own
native title legislative regime which would have removed Aboriginal
people's right to negotiate on native title land. At the same
time the NT Government refused to issue any new mining or
exploration licences on native title land in the hope that
its regime would be approved by the Federal Senate.
|
|
This ban on new licences remained in place
for four years, resulting in the creation of a backlog
of more than 900 mining and exploration licence applications
and a dramatic reduction in mining-related activity over the
nearly 50 per cent of the Northern Territory subject to native
title claim.
|
|
The Senate's disallowance of the proposed
NT regime during the 1999/2000 year led to the release
of the accumulated backlog of licence applications at an estimated
rate of 20 per fortnight. The intention of this unprecedented
number of applications was to hinder the NLC in the fulfilment
of its statutory functions of providing for the protection
of the interests of traditional owners.
|
|
However, to date the NLC has been successful
in responding to almost all mining/exploration interests advertised
with a view to establishing the existence of a native title
interest in every case.
|
|
Current Situation
As at 1 August 2002, the NT Government had released
approximately 550 tenement applications of which 362 were
in the NLC region. 163 of these applications were exploration
licences. Traditional owners have agreed in principle to a
template agreement on 110 of these between 17 June 2002 -
17 July 2002, with more consultations scheduled.
|
|
On 87 of these tenements, the NLC has already
successfully negotiated agreements for exploration and mining
with a wide range of companies including:
|
-
|
Rio Tinto (inc North Mining and Ashton)
|
|
-
|
De Beers
|
|
-
|
Tawana Resources NL
|
|
-
|
Anglo - American
|
|
-
|
Bootu Creek Resources
|
These cover in excess of 50% of all tenement
applications in the NLC area. By July 2003 it is anticipated
that agreements can be negotiated with other companies such
that approximately 80% of all tenement applications in the
NLC area will be covered by a negotiated agreement. Currently
the NLC is in discussion with Ausquest, Astro Mining and several
other smaller companies.
|
|
Positive for Industry, Positive for Traditional
Owners
Traditional owners, the NLC and Industry are working together
to create positive results:
|
-
|
87 Exploration Licences covering 72 024 square kilometres
are under a negotiated agreement.
|
|
-
|
A further 23 Exploration Licences are awaiting agreement
from mining companies.
|
|
-
|
52% of the NLC Region under native title
(covering 180 090 square kilometres) is subject to a
Memorandum of Understanding with mining companies.
|
|
|
|
|
|
|
|
| |
|
