The National Native Title Tribunal today hailed as an historic breakthrough the first agreement to formally recognise native title in Western Australia and the largest native title settlement in the nation.
Tribunal President Graeme Neate said the agreement, which was formalised in the Federal Court in Perth today, showed agreements could be reached that allowed native title to sit along side the rights of others.
"This is proof positive that native title laws can work in Western Australia, as elsewhere, with an investment of perseverance and goodwill," he said.
"This is a particularly significant decision because of the size of the application - around 50,000 square kilometres - and the range of interests which include 24 pastoral interests, 28 mining companies, Telstra, the Shire of Meekatharra and the Western Australian government."
Speaking in Perth, Mr Neate said while there had been 10 native title applications resolved through agreement in Queensland and New South Wales, the home grown result in Western Australia would be more persuasive in demonstrating that agreements were possible in this State.
"There are 140 native title applications on foot in Western Australia. Today's agreement demonstrates that the majority of those can and should be settled by negotiation rather than Court action," he said.
Mr Neate, who was personally involved in part of the mediation, said the Nganawongka/Wadjari and Ngarla application was formed in 1999 from the combination of four original applications lodged with the Tribunal in 1995.
There was unsatisfactory progress in mediation until the matter was listed for trial in the Federal Court.
He said amendments to the Native Title Act in 1998 allowed for more flexible interaction between the Federal Court and mediators.
"After the application went to the Federal Court, the Court was able - at strategic points - to seek further mediation in an effort to avoid a lengthy trial. This would not have been possible prior to the amendments to the Native Title Act." |