| Better understanding of the processes used to negotiate native title agreements and mining on native title land would help allay community concerns, according to Tribunal Member Tony Lee.
Mr Lee said he also felt there was community concern about the number of native title applications and confusion about what that might mean for future development in the region.
"Native title is all about negotiation and mediation. The Tribunal works informally to bring people together to talk about native title and how it can coexist with other rights and interests in land.
"Native title cannot take away any of your legal rights to land," he said.
The Tribunal does not work like a court. It acts as a mediation service by bringing together the native title claimants and people with an interest in the land and tries to help them reach agreement on how their rights might coexist.
"The result of each mediation will be different because the people participating are in control of the outcome. The Tribunal does not, and cannot, force participants to accept terms they don't agree with.
"If an agreement can't be reached through mediation, the Tribunal must refer the matter to the Federal Court where it will be litigated.
"The Act also allows for future development to take place but ensures native title claimants don't have their rights taken away without compensation, just as freehold land holders would expect compensation if their land was compulsorily acquired by a government.
"The future grant of mining leases or exploration licences is not tied to the broader mediation of a native title claim."
Negotiations over the future grant of mineral tenements proceed independently of the Tribunal for a period of 4 months (exploration) or 6 months (mining lease) from the time the notice is given unless the parties request Tribunal mediation. After this period, any of the parties can ask the Tribunal to make a determination about whether the mining interest should be granted or not.
"This process can be under way at the same time as the mediation of the native title claim or may even precede it," Mr Lee said.
For more information on native title and the Tribunal call 008 640 501.
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