The Tribunal President Justice Robert French today announced the resolution of a native title application by the Dunghutti people of Crescent Head, describing it as a first for mainland Australia.
In the native title "compact" between the State and the Dunghutti, land subject to the Dunghutti native title claim at Crescent Head is to be acquired by the Government and compensation paid to the Dunghutti. The State has also agreed to recognise the Dunghutti as native title holders to the area in the first agreement of its type under the Native Title Act.
The vacant Crown land subject to the application at Crescent Head, on the north coast of NSW near Kempsey, had been earmarked by the State for residential development. Through negotiations with the claimants, development is to continue and the native title rights of the claimants respected.
Under the agreement, compensation is to be paid by the State to the Dunghutti.
"This is the first time a native title application lodged with the Tribunal has been fully resolved and the first time a State Government has agreed to recognise native title on the mainland," Justice French said.
He said the decision, announced in Sydney today, showed mediation could work to produce agreements that addressed the aspirations of native title applicants and the broader concerns of local communities and governments.
"A number of the processes contained within the Native Title Act were used in reaching this agreement.
"These included the claimant process and negotiations provided for under the Act's 'right to negotiate' mechanism.
"The State and applicants have announced their agreement today. The agreement also ensures the protection of the rights of other parties as it involves the passing of native title to the State in exchange for other benefits to the Dunghutti," he said.
A further meeting is to be arranged in Crescent Head shortly to explain to other parties the agreement reached between the State and the applicants.