15 years of native title
| 02/06/2007 |
On 3 June Australia commemorates the 15th anniversary of the High Court's landmark Mabo* decision - the catalyst for native title in Australia.
Tribunal President Graeme Neate said the anniversary was an opportunity to reflect on what has been achieved since then, and to look forward: ‘There have been 101 registered determinations of native title, 67 that native title exists and 34 that native title does not exist. Most of these determinations have been made by agreement, but much work remains to be done.’
‘Native title never was, and never will be, a solution for all sources of Indigenous disadvantage, but it has provided a platform for recognising and respecting Indigenous Australians and, as a by-product, is creating economic and other opportunities for some groups,’ he said.
‘With recent amendments to the Native Title Act 1993 (Cth) we have entered the next era of native title. These initiatives are part of a package of reforms aimed at providing more efficient and effective outcomes from the current native title system.
‘Those involved in the native title regime are familiar with its limitations and opportunities, and the challenges of native title. Experience has shown that lasting relationships between traditional owners, miners, pastoralists and others can be forged to ensure the resolution of many land use issues.
With this in mind the future is in agreement-making rather than litigation,’ he said.
*Mabo v Queensland (No 2) (1992) 175 Commonwealth Law Reports 1 - the written judgements declared ‘the common law of this country recognizes a form of native title which...reflects the entitlement of the indigenous inhabitants , in accordance with their laws or customs, to their traditional lands.’' |
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