| Delays to the resolution of native title claims can be reduced by good coordination between the National Native Title Tribunal and the Federal Court, adequate resourcing and the parties’ willingness to negotiate, according to Tribunal President Graeme Neate.
At today’s Native title: Rights, Obligations and Agreements conference in Brisbane, Mr Neate spoke about the challenges the Tribunal faces in carrying out its role under the Native Title Act.
The President described the Tribunal’s functions and the role of its Native Title Registrar as:
· assisting parties to negotiate Indigenous Land Use Agreements (ILUAs)
· maintaining the Register of Indigenous Land Use Agreements
· registration testing and notifying native title claims
· mediating native title claims
· mediating and making determinations about applications for mining tenements under the future act scheme
· carrying out reviews on whether a native title claim group holds native title rights and interests in relation to land or waters
· conducting inquiries into issues relevant to a native title determination.
Mr Neate said amendments to the Native Title Act in 2009 had given the Federal Court a more central role in the management of native title claims than it had previously. Mediation could now be conducted by the Court, the Tribunal or another ‘appropriate’ person or body. To date, most applications had remained with the Tribunal for mediation.
“Amendments to the Act alone will not address many of the factors that delay the resolution of claims,” he said. “Any improvement to the processes and practices of the Tribunal and the Court will have a negligible effect on the resolution of native title claims by agreement if the parties are unwilling or unable to participate productively in a timely manner.
“The success of the amended Act depends on the available resources, effective communication, cooperation and coordination within and between the Court, the Tribunal and the funding departments, and most importantly – the parties’ attitudes and approaches to resolving claims.”
Despite obstacles to resolution, many outcomes had been achieved. As at 28 May 2010, 129 native title determinations and 429 ILUAs have been registered with the Tribunal Australia-wide. As well, hundreds of agreements relating to exploration and mining have been negotiated, from large scale deals such as WA’s Argyle Diamond mine agreement to smaller agreements such as those for enterprises in Queensland’s gem fields. |