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Encouraging signs but significant challenges ahead 

06/04/2010
A two-year trend for native title parties to consent to determinations rather than litigate has continued according to a status report by the National Native Title Tribunal.

The Tribunal has released the fourth in a continuing series of six monthly status reports on Australia’s native title system.   The latest report shows a slight increase in the rate of claim resolution and also in the number of claims lodged. Thirty-one applications were finalised and eight new claimant applications were made between July and December last year.

Tribunal President Graeme Neate said that, while it was encouraging to see steady progress, significant challenges lay ahead for all parties to speed up the resolution of current applications.

“Although parties are settling claims, new applications are being lodged.  The challenge is to achieve effective outcomes for claims at a faster rate,” he said.

“Much has been achieved in the past 16 years.  Our report shows that 75 per cent of all applications lodged between 1 January 1994, when the Native Title Act and the Tribunal began operating, and the end of 2009, are no longer in the system. Some have resulted in determinations of native title.*

“Following amendments to the Native Title Act made by the Australian Parliament during this reporting period, the Tribunal, the Federal Court and parties to native title claims have worked together even more collaboratively at a national and regional level to reach timely and effective outcomes.”

The Tribunal’s report includes national and state/territory statistics and graphs showing applications and trends since 1994, as well as analysis of the obstacles and ways to overcome them.

*As at 31 December 2009, the end of the reporting period, 129 determinations of native title had been registered, including 92 that native title exists. These cover 12.1 per cent of Australia’s land mass and large areas of sea.

The report can be viewed by clicking here.