| The scope and substance of native title agreements are in the hands of negotiating parties who should set clear objectives and work to achieve timely outcomes, National Native Title Tribunal President Graeme Neate said today.
Speaking at the 16th annual Native Title and Cultural Heritage Conference in Brisbane, Mr Neate said that, under recent amendments to the Native Title Act, the native title process would be supervised and actively managed by the Federal Court in a move intended to deliver outcomes more quickly.
“As the law provides and experience demonstrates, there is no ‘one size fits all’ approach to resolving native title,” Mr Neate said. “Parties to native title claims face a range of challenges including overlapping claims, the compilation of connection reports and a shortage of resources such as anthropologists. To reach native title outcomes at a faster rate they will have to engage in focussed negotiations and work within tighter timeframes.”
Mr Neate said the desire for faster outcomes could compete with the push for broader land settlements, which might take longer to achieve but could produce more beneficial outcomes for parties.
“Guidelines recently released by Commonwealth, State and Territory ministers responsible for native title encourage broader settlement packages that offer practical outcomes and opportunities for Indigenous Australians.
“These Guidelines, if implemented, have the potential to deliver some very beneficial results for Indigenous Australians, including opportunities for education, training, employment and economic development. However, such agreements may take longer to achieve.
“It is essential that parties don’t miss out on outcomes that suit their circumstances in the haste to resolve claims. With the prioritisation of claims and commitment of time and resources towards settling native title claims through agreement, parties may achieve both timely and effective outcomes. Parties should set clear objectives and work within reasonable timeframes.” |