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Native title stakeholders are embracing the wide variety of agreement options available under the Native Title Act, according to the Tribunal's 2001-2002 annual report just tabled in Parliament.
During the year the Tribunal assisted in developing 96 agreements including framework agreements, compensation agreements, land access agreements and overlap agreements. The Tribunal also assisted with the negotiation of 18 indigenous land use agreements (ILUAs) and registered 14 determinations of native title, 12 of which were made by consent of the parties or were unopposed and two of which were made after trials.
Tribunal President Graeme Neate said the variety of agreements reached was due to stakeholders learning to work with what the Act offered and the Tribunal's efforts to help parties reach enduring agreements.
'The Act provides various processes that bring people together to address issues and try to reach an agreed outcome that takes into account their mutual interests,' he said. 'People are tailoring agreement options that best suit their circumstances.
'The 10th anniversary of the High Court's decision in Mabo v Queensland on 3 June highlighted that agreement-making is increasingly becoming the preferred way forward.'
Mr Neate said the 14 native title determinations registered was a continuation of the recent growth in the number of native title determinations between 1992 and 30 June 2002.
'The number of consent determinations of native title made by the Federal Court in the 10 years reflects the end point of some of the Tribunal's work. In Western Australia and Queensland in particular, the agreement-making work of past years came to further fruition during this year.'
During 2001-2002 there was an increase in the number of ILUAs lodged with the Tribunal compared to the previous financial year. The level of ILUA activity around the nation varied widely, mostly because of state and territory government policies. In a number of states, framework ILUAs were being developed to define policy upon which project-specific agreements could be settled. For example, in Queensland, the first state-wide model ILUA was lodged for registration in June 2002.
'The Tribunal has taken initiatives that foster a more productive environment in which agreement-making can take place. These include training sessions for local government to improve their knowledge of the native title process, liaison with Indigenous and industry bodies and the convening of a national forum in Brisbane from 1-3 August 2001.'
The Tribunal also encourages the resolution of future act matters through agreement making and during 2001-2002 conducted 85 mediations and conferences to help parties work towards outcomes.
The annual report is available online via the Tribunal's website. It can be accessed by clicking on 'corporate information' on the homepage at www.nntt.gov.au.
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