3 November 2011
Ms Helen Shurven reappointed as Tribunal Member
The Governor-General today appointed Ms Helen Shurven to be a full-time Member of the Tribunal until 28 November 2012
Ms Shurven was previously a part-time Member of the Tribunal since late November 2010. She is based in Perth and has divided her time between the mediation of claimant applications in Western Australia and a range of future act matters, including writing determinations.
Ms Shurven is a mediator with tertiary qualifications in psychology, law and education, as well as extensive public sector and academic employment experience.
18 October 2011
View the Tribunal's Annual Report 2010-2011
The National Native Title Tribunal's Annual Report 2010-2011 has now been tabled in Parliament and is available to view directly as web pages or download as a PDF via our annual reports page.
5 October 2011
In a recent letter to Tribunal President Graeme Neate, Commonwealth Attorney-General, Hon Robert McClelland MP, provided a Statement of his Expectations for the Tribunal.
The Statement of Expectations is intended to provide clarity about the Australian Government’s policies and objectives relevant to the Tribunal, and particularly the Government’s strategic priorities for 2011-12.
The Tribunal’s President responded to the Attorney-General providing a Statement of Intent outlining how the Tribunal intended to implement the Statement of Expectations. More
30 September 2011
From 3 October 2011, for resource reasons, the National Native Title Tribunal will provide more limited searches of its statutory registers and databases than it has provided in the past.
From 3 October 2011, the Tribunal will conduct searches of the registers and databases:
- for parties to native title proceedings; or
- for people or organisations (or their representatives) who need to identify existing native title interests to comply with the Native Title Act 1993 (Cwth) or other native title-related or relevant State or Territory legislation.
The form to request a search of the registers has also been revised and is available in the Registers section of the website. This form asks requestors to indicate how they meet one of the two criteria listed above.
31 August 2011
National Report: Native Title
The Tribunal's seventh status report on the native title system is now available. The report focuses primarily on the progress of native title claimant applications.
30 June 2011
The Tribunal’s New South Wales/Australian Capital Territory Registry has amalgamated with the Tribunal’s Victoria/Tasmania Registry and Central Australia Registry to become the South-East & Central Registry.
The South-East & Central Registry is managed from Sydney and is located at Level 25, 25 Bligh Street, Sydney with regional offices in Melbourne and in Adelaide.
See the Tribunal’s contact us page for office details.
20 June 2011
The National Native Title Tribunal and Australian Local Government Association (ALGA) have launched Developing indigenous land use agreements: A guide for local government to promote local government’s understanding of Australia’s native title laws and agreement-making principles.
Tribunal President Graeme Neate said the publication was a joint initiative with ALGA to respond to local government’s needs for targeted information about native title. Read the guide.
23 December 2009
The National Native Title Tribunal's offices will be closed from Friday 25 December and will reopen on Monday 4 January 2010.
17 December 2009
The Dulabed and Malanbarra Yidinji peoples have been recognised as native title holders in Far North Queensland after a consent determination on 17 December. Read the media release for more information.
15 December 2009
Achievement and change have been features of native title in Australia and the work of the National Native Title Tribunal in 2009. Read the President's report on the Tribunal's progress.
Attorney-General, Robert McClelland, announced the reappointment for a further 12 months of Dr Gaye Sculthorpe as a full-time member of the National Native Title Tribunal. Read the Attorney General's media release about the reappointment.
10 December 2009
Member Daniel O’Dea presented a paper on 8 December to the Institute of Arbitrators and Mediators on managing emotion in native title matters.
Read the full version of Member O’Dea’s speech, ‘Managing emotion in native title matters’.
A 15-minute film, Mining and native title, covers some of the legal requirements and processes involved in native title, with specific focus on mining and exploration activities. See media release and Tribunal President’s latest Koori Mail column. To order your copy, email enquiries@nntt.gov.au.
Talking Native Title news is now available faster, with the introduction of an online news service.
The Girramay People's non-exclusive native title rights over their north Queensland country were recognised on 10 December. Read the full story about their journey. This multi-media online news service replaces the Talking Native Title newsletter subscribers have previously received by post.
16 November 2009
Talking Native Title news is now available faster, with the introduction of an online news service.
Native title and related news is covered in the new Talking Native Title news page. Web links, photos, audio and film clips and relevant documents are posted with each story on this new service.
This multi-media online news service replaces the Talking Native Title newsletter subscribers have previously received by post.
Readers may subscribe to receive a monthly email which provides links to all the latest Talking Native Title news.
30 October 2009
The Tribunal's annual report for 2008-2009 is available online.
The report deals with the range of registration, mediation, arbitration, assistance and other statutory functions performed by the Tribunal.
It identifies external factors that affected the Tribunal, including the introduction of the Native Title Amendment Bill 2009 in the Parliament in March 2009, trends within the Tribunal and some future challenges.
The National Native Title Tribunal has produced a 15-minute film, Mining and native title, about some of the legal requirements and processes involved in native title, with specific focus on mining and exploration activities.
To order your copy, email publicaffairs@nntt.gov.au .
22 October 2009
Investing time and resources in a Queensland native title claim has reaped results for all involved as the Kowanyama People expect to be recognised today as native title holders of 2,731sq km of land and waters in south-western Cape York. Read more.
7 October 2009
Reaching 'broad agreements', in which native title is resolved by both a court determination and by agreement, will continue to be an important challenge for the native title system, according to the National report: native title.
The report, released this month, is the third in a series outlining developments in native title in the preceeding six months.
It notes that SA's Adnyamathanha and Qld's Kalkadoon groups illustrate the increasingly common trend for
ILUAs or other agreements to be part of a package which delivers the settlement of a native application. Read more.
29 September 2009
The current Queensland e-newsletter explains how the Tribunal can facilitate agreement-making and ILUAs.
Read about the value of preliminary assessments before the lodgement of ILUAs and the importance of a suitable authorisation process.
Requirements for the registration of ILUAs can be a complex process. Read more to learn how the Tribunal can assist you.
23 September 2009
The September issue of Talking Native Title is now available online.
Read about native title determinations for WA's Nyangumarta People, Queensland's Kuuku Ya'u People and the Wik and Wik Way People, and at the town of Elliott and Pine Hill Station in the Northern Territory.
There's also news of memorandums of understanding signed by two groups in Queensland, the Lake Disappointment future act decision and the publication of an updated native title guide for local government.
15 September 2009
Changes to the Native Title Act have been passed through Parliament.
Attorney-General Robert McClelland said he expected the changes would lead to a more quicker, more flexible negotiated settlements of native title claims.
For further information, read the Attorney-General's statement.
13 August 2009
Attorney-General Robert McClelland and Indigenous Affairs Minister Jenny Macklin have released a discussion paper on possible amendments to the Native Title Act, aimed at speeding up public housing construction and infrastructure in remote Indigenous communities.
In their joint media release they said: “Currently there is no specific native title process for progressing housing and infrastructure development that benefits Indigenous communities. This uncertainty in the Act is creating delays.”
The discussion paper, details of public information sessions and information on how to make submissions and comments are available on the FaHCSIA Land and Native Title page.
30 July 2009
The Wik and Wik Way People's native title rights and interests were again recognised at a Federal Court determination in Far North Queensland on 29 July. The Wik and Wik Way People drew national attention in 1996 when the High Court found that native title could co-exist with some pastoral leases. The consent determination marks the fourth time the Wik and Wik Way People's native title rights and interests have been recognised.
Read more about the determination.
10 June 2009
The Tribunal's Native title in the news section gives you access to selected video, audio and newspaper clips.
Tune in to excerpts from television and radio programs, watch the Tribunal's popular 15 years of native title documentary or read the Koori Mail's monthly native title column.
4 June 2009
Read about the Adnyamathanha People's historic native title determination in the June edition of Talking Native Title.
The determination, held 650km north of Adelaide, recognised the Adnyamathanha People’s mainly exclusive rights and interests over 41,085sq km of land in and around the Flinders Ranges.
Also in this issue, the Tribunal's new Strategic Plan is outlined and new environmental projects on indigenous lands are explained.
Talking Native Title is the Tribunal's free, quarterly newsletter. Read a copy online or subscribe to join the Tribunal's mailing list.
4 June 2009
Victorian Attorney-General, Rob Hulls, has announced the establishment of a native title settlement framework for Victoria that will allow traditional owners to negotiate directly with the State to settle native title claims, rather than go through the courts.
The Tribunal has welcomed the initiative of the Victorian Government and the Victorian Traditional Owner Land Justice Group in establishing a framework that aims to make it easier for groups in Victoria to resolve native title claims, while building strong partnerships and creating economic opportunities. See the Tribunal’s media statement about the initiative.
15 April 2009
I am pleased to invite you to view the National Native Title Tribunal’s new Strategic Plan 2009-2011, published electronically on our website.
Recent political, legislative and economic factors have taken the native title system into another period of change. Our new Strategic Plan provides the Tribunal with both a ‘Vision’ and a ‘Mission’ to operate in this changing environment.
The new Vision of ‘timely, effective native title and related outcomes’ encompasses the products of all of the Tribunal’s functions and activities. In addition to facilitating determinations of native title or registered indigenous land use agreements (ILUAs), our Vision also embraces giving assistance to parties and others, registration-testing and maintaining registers, mediating native title applications, assisting in negotiating ILUAs, mediating and arbitrating future acts, and conducting reviews and inquiries.
The Tribunal’s Mission is to ‘facilitate the achievement of timely and effective outcomes’. This underscores the critical facilitative and supporting role which the Tribunal undertakes in native title-related work. We advocate a flexible native title system which encourages more negotiated settlements of native title issues. Our Mission also emphasises the Tribunal’s statutory responsibility to carry out our functions in a fair, just, economical, informal and prompt way.
The Strategic Plan has eight strategic priorities, two identified under four key result areas:
Strategic Priority 1 – Engage effectively with our clients and stakeholders
Strategic Priority 2 – Develop innovative ways of enhancing our value to clients and stakeholders
Strategic Priority 3 – Continuously strive for excellence in our services
Strategic Priority 4 – Deliver high-quality mediation and agreement-making services
Strategic Priority 5 – Foster a culture of achievement and high performance
Strategic Priority 6 – Create an environment that attracts and retains employees
Strategic Priority 7 – Manage our resources strategically and effectively
Strategic Priority 8 – Account for our work
If you have any comments on the Strategic Plan or the Tribunal’s work, please send an email to enquiries@nntt.gov.au or freecall 1800 640 501.
Graeme Neate
President
31 March 2009
South Australia’s biggest native title determination was made in the Flinders Ranges on Monday (March 30) when Justice Mansfield recognised the rights and interests of the Adnyamathanha People to 41,085sq km of land in and around the ranges.
The consent determination resolved a claim over the 918sq km Flinders Ranges National Park and partially resolved another claim which included the 367sq km Angepena pastoral lease. Generally, the determinations give the Adnyamathanha People non-exclusive rights over most of the land, providing them with access for ceremonial or cultural activities, hunting and camping.
The SA Government and the Adnyamathanha People are now finalising an indigenous land use agreement (ILUA) for the co-management of the Flinders Ranges National Park. This will be similar to their Vulkathunha-Gammon Ranges National Park agreement, registered in 2006. Read the media release.
18 March 2009
The March issue of the Tribunal’s quarterly publication Talking Native Title is now available – read about a native title determination in the Gulf of Carpentaria, a genealogical project that’s helping progress claims from Noongar claimants in Western Australia, indigenous land use agreements in the Northern Territory, upgrades to Native TitleVision and a look back over 15 years of the Native Title Act.
17 March 2009
Progress has remained steady for the resolution of native title applications during the past six months, the March native title status report has shown.
The Tribunal updates National report: native title twice each year, focusing primarily on the progress of native title claimant applications.
The Tribunal’s report includes national and state/territory statistics, graphs showing applications and trends since the Tribunal started operating in 1994 and commentary explaining the Tribunal’s approach to future native title resolution.
The report states there are opportunities to improve the process and reduce the time to resolve claims – if parties changed their approach to native title matters. Read the report.
1 February 2009
Two scholarships are available for lawyers currently working, or interested in working, at Native Title Representative Bodies (NTRBs) or Native Title Service Providers (NTSPs). The scholarships are funded by Rio Tinto and the Centre for Energy, Petroleum, Mineral Law and Policy, and administered by the Aurora Project. The Aurora Project is the collective name for a number of programs that work with Australia's Indigenous communities and organisations to facilitate prosperity through capacity building.
Applications close Friday March 20. Read more.
20 December 2008
Governor-General Quentin Bryce has reappointed Dr Gaye Sculthorpe as a full-time member of the Tribunal for 12 months. Dr Sculthorpe is based in Melbourne and has been a member since February 2000. She has an extensive workload, primarily in Victoria and Queensland.
Read more about Dr Sculthorpe.
10 January 2009
What’s happening in your state? E-newsletters are regularly published to focus on Tribunal activity in your region.
Read the January issue of Talking Western Australia to learn how changes to the Native Title Act have led to the dismissal of some unregistered claims, WA’s new scoping conferences are affecting the time parties spend in mediation and which WA native title claims are likely to be resolved in the next two years.
22 December 2008
The Native Title Act allows two ways to deal with applications to mine, explore or prospect: through an indigenous land use agreement (ILUA) or the right to negotiate process.
The newly revised publication, ILUA or the right to negotiate: a comparison for mineral tenement applications is now available online.
This brochure explains the difference between the two processes and what part the Tribunal plays in those processes.
20 December 2008
Governor-General Quentin Bryce has reappointed Dr Gaye Sculthorpe as a full-time member of the Tribunal for 12 months. Dr Sculthorpe is based in Melbourne and has been a member since February 2000. She has an extensive workload, primarily in Victoria and Queensland.
Read more about Dr Sculthorpe.
5 December 2008
Read about the recent Witjira and Thalanyji native title determinations in the new issue of Talking Native Title.
Also in this issue, the Tribunal's 15 years of native title is relaunched with Chinese subtitles and indigenous land use agreements progress.
Talking native title is the Tribunal's quarterly newsletter. Make sure you don't miss a copy by subscribing via the Tribunal's online subscription service.
20 October 2008
The Tribunal's new Registrar, Stephanie Fryer-Smith, started her five-year appointment on Monday October 20.
The Registrar has a number of responsibilities at the Tribunal, including assessing claimant applications for registration and maintaining the Tribunal's registers.
Associate Professor Fryer-Smith joined the Tribunal from Curtin University's Business School.
Past positions include Deputy District Registrar and Native Title Coordinator with the Federal Court of Australia and Deputy Convener of the Law Society of Western Australia's Aboriginal Peoples and the Law committee.
She has lectured in native title law and has published articles on a range of Indigenous land rights issues.
10 October 2008
Read the latest in Northern Territory native title news in the Tribunal's e-newsletter Talking Northern Territory.
The Blue Mud Bay decision, arrangements after the departure of the Federal Court's Registrar, new local government authorities, ILUAs and native title claim updates are all covered in this month’s newsletter.
State e-newsletters are published regularly to keep you up-to-date with local Tribunal activity.
Sign up to receive state e-newsletters electronically or visit newsletters to read them online.
18 September 2008
The Thalanyji People's non-exclusive native title rights to more than 11,000 sq km of land in the Pilbara have been recognised by the Federal Court.
Representatives from government and the mining, pastoral, pearling, fishing and telecommunications industries joined the Thalanyji People at a Federal Court hearing in the Onslow Town Hall on 18 September, to hear Justice North make a consent determination over a claim filed in 1999.
Since May 2007 the National Native Title Tribunal has facilitated negotiations between the parties. This led to its determination and to the development of indigenous land use agreements within the determination area. Read the media release.
15 September 2008
After more than 10 years of negotiations, native title claimants of the Witjira National Park near the Simpson Desert in the far north of South Australia have been recognised by the Federal Court as the park’s traditional owners.
More than 100 people were at the Federal Court hearing, which was held in the park near a visitor centre at the Dalhousie mound springs.
Justice Landers finalised four claims over the Witjira National Park: the Irrwanyere Mt Dare claim (lodged in 2005), and park overlap areas of two Eringa claims (1996 and 1999) and a Wangkangurru/Yarluyandi claim (1997).
The claimants agreed in 2000 to work together through the Irrwanyere Aboriginal Corporation. Since then the Tribunal provided mediation support to the parties, which has also included the State of South of Australia and the South Australian Native Title Services.
The Witjira determination is the first over a South Australian national park and only the third native title determination for the state. Read the media release.
12 September 2008
The Kurnai (Gippsland) and Gunai/Kurnai and Boonerwrung (Wilsons Promontory) Peoples have lodged native title claims seeking recognition.
The National Native Title Tribunal has advertised in newspapers to let people know about the applications. Read the media release or view the newspaper notification.
11 September 2008
Native title cases including Gudjala review and the Birriliburu native title determination are summarised in the latest issue of Native Title Hot Spots.
Available online, Hot Spots is the Tribunal's regular newsletter for legal practitioners highlighting recent developments in native title case law.
The September edition covers case summaries from Queensland, Western Australia and the Northern Territory.
Keep up to date with developments in native title case law by having Hot Spots delivered to your inbox. Visit the Tribunal's complimentary online subscription service to learn more.
5 August 2008
Read about the latest in Victorian native title news in the Tribunal's e-newsletter Talking Victoria.
It includes native title claim updates, news from the Federal Court and outlines who's who in Victoria's Tribunal registry.
The Tribunal's state e-newsletters keep you up-to-date with native title activity in your state.
You can sign up to receive state e-newsletters electronically or visit the newsletters area to read them online.
11 July 2008
Since 1995, the Tribunal has regularly organised or participated in the events and celebrations taking place during National Aborigines and Islanders Day Observance Committee (NAIDOC) Week.
The activities are an opportunity for Tribunal staff to meet with Indigenous people and the wider community, providing information about native title and explaining what the Tribunal does.
Among the major changes that have taken place since the first NAIDOC Day in 1957 is the recognition of native title in the High Court's Mabo decision of 1992.
Speaking at a NAIDOC event hosted by the Queensland Department of Natural Resources and Water in Toowoomba on Friday 11 July 2008, Tribunal President Graeme Neate said the week was an ideal time to look at what had been achieved in the 16 years since this landmark decision and the challenges ahead for native title claimants and other parties. See the media release for more details.
3 July 2008
Native title claimant applications: a guide to understanding the requirements of the registration test is now available.
This 52-page booklet was produced by the Tribunal to explain how the registration test works.
The registration test is a set of conditions applied to the claims made in native title determination applications.
The Tribunal's new guide is recommended for those preparing new claims or who want to amend existing claims.
It is available online or hard copies can be ordered by using the online order form.
29 July 2008
The National Report: Native Title is the first of an ongoing series of status reports by the Tribunal on the native title system.
It focuses primarily on the progress of native title claimant applications.
The National Report: Native Title will be updated twice a year. View the first report of the series here.
27 June 2008
Celebrations at the isolated Good Camp Rockhole near Wiluna on June 20 marked the end of the Birriliburu People's efforts to have their native title rights recognised.
The Federal Court made a consent determination recognising the Birriliburu People as exclusive native title holders over 66,760 sq km in Western Australia's Little Sandy Desert, 900km north east of Perth.
The Birriliburu People lodged their claim in 1998 and Tribunal Member John Catlin congratulated all involved for reaching last week's outcome through discussion and negotiation, rather than litigation.
For more details, read the Tribunal's media release or click here to read the Federal Court judgment.
5 June 2008
June's Talking Native Title keeps you up to date with developments in native title across Australia.
An unprecedented agreement is signed between native title claimants and local government in Toowoomba and new mining jobs are created for local people in South Australia.
Tribunal President Graeme Neate writes about alternate ways to resolve native title and an agreement between the West Australian Government and Noongar People is signed in Perth.
Talking Native Title is the Tribunal's quarterly newsletter. Make sure you don't miss an issue by subscribing to Talking Native Title through the Tribunal's free online subscription service.
You can choose to receive Talking Native Title electronically or a hard copy can be mailed to your address.
30 May 2008
Mabo Day, held each year on 3 June, marks the anniversary of the 1992 High Court of Australia's landmark Mabo* decision.
Sixteen years ago, the High Court recognised that the Meriam People of the Torres Strait held native title over some of their traditional lands.
This decision overturned the idea that the Australian continent was terra nullius, or belonging to no-one, at the time of European arrival, and paved the way for Aboriginal and Torres Strait Islander people around Australia to have their native title recognised under Australian law.
On 1 January 1994, the Native Title Act 1993 (Cwlth) commenced operation and the National Native Title Tribunal was established.
Since the Tribunal's establishment, about 1200 claims have been finalised and and more than 100 determinations of native title have been made, covering about 11 per cent of the land mass of Australia. Hundreds of agreements about native title issues have been reached, including 332 registered indigenous land use agreements
View a short multimedia presentation on the history leading up to the High Court of Australia's 1992 Mabo decision or read a fact sheet about native title and the 'Mabo decision'.
*Mabo v Queensland (No 2) (1992) 175 Commonwealth Law Reports 1 - the written judgements declared "the common law of this country recognises a form of native title which, in the cases where it has not been extinguished,.reflects the entitlement of the indigenous inhabitants , in accordance with their laws or customs, to their traditional lands".
7 May 2008
Native title cases including the high-profile Single Noongar and Rubibi appeals are summarised in the latest, bumper issue of Native Title Hot Spots.
Available online, Hot Spots is the Tribunal's regular newsletter for legal practitioners highlighting recent developments in native title case law.
The May edition covers case summaries from New South Wales, Queensland, Western Australia and the Northern Territory.
Keep up to date with developments in native title case law by having Hot Spots delivered to your inbox. Visit the Tribunal's complimentary online subscription service to learn more.
29 April 2008
A message from National Native Title Tribunal President Graeme Neate
Welcome to the National Native Title Tribunal's new website.
It has been designed to satisfy several objectives but primarily its aim is to help you find what you are looking for faster.
A range of new interactive features, an enhanced search facility and easier page navigation are among the big changes you will see.
It is anticipated that issues and developments in native title will now be more accessible than ever. For example, it is now possible to access information on the state of native title activity simply by clicking on the map to your right.
Keeping up to date with native title news is easy — sign up to the Tribunal's publications and news service here or complete an online form to receive hard copies of Tribunal publications.
All the previous site's sections have been retained, only with more intuitive locations and headings.
The Tribunal welcomes comments or suggestions on the new website. These should be directed to enquiries@nntt.gov.au.
25 February 2008
AUS - 15 Years of Native Title takes you on a historic journey from the Mabo decision through to Yorta Yorta and Wik and Wik Way, finishing with Noonkanbah.
Through archived footage and interviews with key participants from each case, it shows how attitudes have changed over the years and how native title agreements can foster long lasting relationships between Indigenous and non-indigenous people throughout Australia.
Narrated by actress Ursula Yovich and produced by the award winning Bearcage Productions, 15 Years of Native Title is an accessible resource for people who want to learn about the history of native title in Australia.