At the national level the Reporting Period was quiet in terms of legislative amendment to the Native Title Act. However, there were a number of proposals which, if enacted, could prove to have a substantial effect on the native title system. Senator Siewert of the Australian Greens introduced a private Senators Bill which, if passed, would significantly reform the Native Title Act. In addition, the Australian Government introduced a bill to give legislative effect to its Carbon Farming Initiative. In the previous reporting period, two other pieces of native title reform legislation were introduced but not enough time had passed for me to effectively report on their operation in last year’s Report. Now that sufficient time has passed, we are able to have a better understanding of their effect during the Reporting Period. At the State level, the State of Victoria passed the Traditional Owner Settlement Act 2010 (Vic) which sets the benchmark for other states to meet when resolving native title claims. I also discuss a number of consultation papers which have relevance to our rights to our lands, territories and resources. Given the possible effect of the proposed changes on our rights, it is important that the Australian Government engages meaningfully and effectively in order to obtain our free, prior and informed consent. These include: Draft Indigenous Economic Development Strategy Discussion Paper Leading practice agreements: maximising outcomes from native title benefits Discussion Paper Native Title, Indigenous Economic Development and Tax Consultation Paper Stronger Futures in the Northern Territory Discussion Paper. Independent of the legislative changes and proposals, the native title system continues to lumber on. Whether the system is fair or delivers justice is questioned, however until appropriate reform is progressed we must make the best of what we have. Native title parties continue to make applications for native title, continue to reach agreements, and continue tirelessly, to seek remedy in some way to the injustices of the past. In this Chapter I note two milestones worthy of reflection: the registration of the 500th Indigenous Land Use Agreement South Australia’s first compensation application for the extinguishment of native title. I also consider developments in international human rights law that concern native title and our rights to our lands, territories and resources. I urge the Australian Government to consider these developments and further implement its commitment to supporting human rights. These developments include: Expert Mechanism on the Rights of Indigenous Peoples 2010 United Nations Permanent Forum on Indigenous Issues 2011 Australia’s appearance at the Universal Periodic Review Australia’s appearance before the Committee on the Elimination of Racial Discrimination.
At the national level the Reporting Period was quiet in terms of legislative amendment to the Native Title Act. However, there were a number of proposals which, if enacted, could prove to have a substantial effect on the native title system. Senator Siewert of the Australian Greens introduced a private Senators Bill which, if passed, would significantly reform the Native Title Act. In addition, the Australian Government introduced a bill to give legislative effect to its Carbon Farming Initiative. In the previous reporting period, two other pieces of native title reform legislation were introduced but not enough time had passed for me to effectively report on their operation in last year’s Report. Now that sufficient time has passed, we are able to have a better understanding of their effect during the Reporting Period. At the State level, the State of Victoria passed the Traditional Owner Settlement Act 2010 (Vic) which sets the benchmark for other states to meet when resolving native title claims. I also discuss a number of consultation papers which have relevance to our rights to our lands, territories and resources. Given the possible effect of the proposed changes on our rights, it is important that the Australian Government engages meaningfully and effectively in order to obtain our free, prior and informed consent. These include: Draft Indigenous Economic Development Strategy Discussion Paper Leading practice agreements: maximising outcomes from native title benefits Discussion Paper Native Title, Indigenous Economic Development and Tax Consultation Paper Stronger Futures in the Northern Territory Discussion Paper. Independent of the legislative changes and proposals, the native title system continues to lumber on. Whether the system is fair or delivers justice is questioned, however until appropriate reform is progressed we must make the best of what we have. Native title parties continue to make applications for native title, continue to reach agreements, and continue tirelessly, to seek remedy in some way to the injustices of the past. In this Chapter I note two milestones worthy of reflection: the registration of the 500th Indigenous Land Use Agreement South Australia’s first compensation application for the extinguishment of native title. I also consider developments in international human rights law that concern native title and our rights to our lands, territories and resources. I urge the Australian Government to consider these developments and further implement its commitment to supporting human rights. These developments include: Expert Mechanism on the Rights of Indigenous Peoples 2010 United Nations Permanent Forum on Indigenous Issues 2011 Australia’s appearance at the Universal Periodic Review Australia’s appearance before the Committee on the Elimination of Racial Discrimination.
Native%20Title%20Report%20-%20Full%20version.docx