Tribunal President Justice Robert French said today that the National Native Title Tribunal did not accept native title claims over private freehold land.
Recent public statements suggesting that native title claims had been made over private freehold land and accepted into mediation by the Tribunal were wrong, he said.
"The Tribunal's guidelines prevent the Registrar from accepting claims over private freehold land. To suggest there are individual freeholders involved in mediating native title claims over their validly granted freehold land is wrong," Justice French said.
"The judges of the High Court in Mabo and in the WA challenge to the Native Title Act stated that native title was extinguished by freehold grants to individuals."
Justice French said there had also been concerns raised that not only could private freehold be claimed but that beach and park access could be denied in areas where there were successful claims over reserves, beaches and seas.
He pointed out that the Native Title Act at s.212(2) says:
"A law of the Commonwealth, State or a Territory may confirm any existing public access to and enjoyment of:
(a) waterways; or
(b) beds and banks or foreshores of waterways; or
(c) coastal waters; or
(d) beaches; or
(e) areas that were public places at the end of 31 December 1993."
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