National Native Title Tribunal Justice Robert French said today the Tribunal would be prepared to mediate in negotiations under the Native Title Act concerning the proposed Century Zinc Limited lead zinc mine project if requested to do so by any of the parties.
Justice French said that the State of Queensland had published notices of its intention to grant mining leases and to compulsorily acquire native title rights and interests for the purposes of the project and an associated pipeline to Karumba.
While the mine project area is the subject of the principal Waanyi native title application, there are other areas covered by the notices which are not the subject of any current claim. Under the terms of the Queensland notices and the Native Title Act any person who lodges a native title application over the land covered by the notices on or before 5 August 1996 will become a native title party with the right to negotiate.
Under the Act, the State Government is required to give registered native title claimants an opportunity to make submissions to it in writing or orally concerning its proposed grants and acquisitions. It is also required to negotiate in good faith with the registered native title claimants and Century Zinc Limited with a view to getting agreement with the registered native title claimants on its proposed acquisitions and grants.
If any of the parties ask the Tribunal to do so, the Tribunal is obliged by the Act to mediate among them to assist in obtaining their agreement.
If, at the end of six months from the date upon which notice was given (ie by 5 December 1996) there has been no agreement then the Government or Century Zinc Limited, or any of the registered native title claimants, can apply to the Tribunal for an arbitrated determination in relation to the proposed grants and acquisitions. The Tribunal is required then to take all reasonable steps to make such a determination within a period of six months from the time that the application for a determination is made.
During that time, it is still open to the parties to reach an agreement through negotiation.
In carrying out its arbitral function the Tribunal is required to take into account the effect of the proposed grants and acquisitions on:
- any native title rights and interests;
- the way of life, culture and traditions of any of the native title parties;
- the development of the social, cultural and economic structures of any of those parties;
- the freedom of access by any of those parties to the lands or waters concerned and their freedom to carry out rites, ceremonies or other activities of cultural significance on the lands or waters in accordance with their traditions;
- any area of or site on the land or waters concerned of particular significance to the native title parties in accordance with their traditions;
- the natural environment of the land or waters concerned;
- any assessment of the effect of the proposed grants or acquisitions on the natural environment which has been made by any other court or tribunal or by the Crown in any capacity or by a statutory authority;
- the interests, proposals, opinions or wishes of the native title parties in relation to the management, use or control of the land or waters concerned;
- the economic or other significance of the proposed grants or acquisitions to Australia and to the State;
- any public interest in the proposed grants or acquisitions proceeding;
- any other matter that the Tribunal considers relevant.
The Tribunal can then determine either that the grants or acquisitions can be done or done subject to conditions to be complied with by any of the parties or determined that the grants or acquisitions must not be done.
Whatever decision the Tribunal makes, it can be overruled by the Commonwealth Minister. The Commonwealth Minister can overrule the Tribunal if it is considered to be in the national interest to do so or in the interests of the State of Queensland. Any such declaration by the Minister must be made within two months after the Tribunal has made its determination.
Any compensation paid to a native title party where no native title claim has been determined, must be held in trust pending the outcome of the native title application. |