National Native Title Tribunal President Justice Robert French today confirmed that the federal Tribunal would eventually have to relocate its national headquarters from Perth if the Western Australian Government's decision to set up its own native title commission passed the required Parliamentary approvals.
But he said the national Tribunal - and not the Western Australian body - would begin applying the new, stringent registration test to existing and fresh native title applications from 30 September, the proclamation date of the amended Federal Native Title Act.
He said the new test, which the Tribunal had been preparing to implement for several months pending the passage of the Wik Bill, could result in a significant number of existing applicants losing their right to negotiate over developments on land where native title may exist.
Fresh applications lodged after 30 September would have the registration test automatically applied within four months, or as soon as possible, after the date of lodgement. This meant new native title applications would not attract the right to negotiate over mining or exploration leases until satisfying the stringent criteria.
Justice French said there were a number of conditions which had to be satisfied to achieve registration, including that: at least one member of the applicant group has or had a traditional physical connection with the area; no member of the native title claim group was a member of a native title claim group for a previous application; and the applicant was a member of the claim group and authorised to make the application on behalf of everyone else in the claim group.
He said it was a misconception that applications which failed the registration test would be defunct.
"The registration test is primarily a gateway to the right to negotiate," he said. "But it is important for other native title stakeholder groups - including miners, pastoralists, and state and local governments - to appreciate that native title applications which do not satisfy the registration test criteria will lose the right to negotiate and other procedural rights, but could remain on foot as a claim.
"Indigenous people with an unregistered claim can continue to work towards a formal determination of native title. This means that there should be no slackening of effort in constructive negotiations between interest groups to achieve mutually beneficial native title agreements."
Justice French said the Tribunal would implement the provisions of the new Federal Act until such time as the State assumed full responsibility for the registration and mediation of native title applications.
The Tribunal would then have to relocate to eastern Australia, but there was no specific timetable for the move.
"It very much depends on the successful passage of the WA Government's native title legislation through the State Parliament, its ratification by the Federal Parliament, and the State's timetable for taking over the various functions."
Justice French said the Tribunal had established its head office in Perth in 1994 because it was expected that most native title applications would be generated in Western Australia. The latest figures were that 289, or 42 per cent of the 692 claims currently before the Tribunal for mediation were WA based.
About 150 of the Tribunal's total national complement of 250 staff were based in Perth. |