Policy Review - Aboriginal Affairs - "Mabo" Native Title Legislation
Aboriginal Affairs - "Mabo" Native Title Legislation - POLICY
NAMBUCCA SHIRE COUNCIL
MABO – NATIVE TITLE LEGISLATION
Function: CORPORATE SERVICES
Adopted: 4 APRIL 1996 (006)
1.0 Policy objective
2.0 Related legislation
4.0 Policy statement
That the information regarding Native Title Legislation and previously presented to Council on 21 September 1995 be noted for information and future reference.
Extract from Late Items - General Manager's Report - 21.09.95
During the meeting of the
Mid North Coast Group of the
This was in his capacity of his connection with the Aboriginal Law Centre which was "established" by the University of New South Wales Law School.
The MABO decision recognised that "another form of land ownership exists" and recognises Native Title.
This decision was in respect
of land on
There was a misconception
that the MABO decision created Native Title and did so potentially anywhere in
Native Title is described as a traditional attachment extending back before European settlement.
Given the need to establish beyond doubt the association between Indigenous people and the land, it is not surprising that no further Native Title determinations have been made.
Native Title can be extinguished by any dealing with the Crown which is inconsistent with Native Title use. Leases over land could have extinguished Native Title. In fact MABO effectively extinguished Native Title for all lands effectively dealt with through the Crown, ie, freehold, Crown grants, pastoral leases.
“MABO” NATIVE TITLE LEGISLATION
As a result of the Racial Discrimination Act 1975 (the equality of all people before the law) it is now discriminatory to "abolish" Native Title - especially without just terms compensation.
Native Title legislation has established a regime or steps for determining whether Native Title exists over land.
The Native Title Act has supported the continued use of land by the general public, subject to certain reservations.
Native Land Title holders can "surrender" title on just terms compensation.
Applications to the Native Title Tribunal, advertised and not bringing forth a response then become regarded as a "non claimant" type of application. If such an application is granted there could be a later claim for just compensation, despite silence at the time of advertising the application.
Mr Batley stated that he was
not sure what compensation or levels of compensation are proposed for
On the issue of public works and their affect on Native Title, up to 1975 Native Title would have been regarded as extinguished - but after 1975 there may be entitlement to compensation because of the provisions of the Racial Discrimination Act.
Land successfully claimed as Aboriginal land could be successfully converted to Native Title.
RECOMMENDATION: That this information regarding Native Title legislation be noted for information and future reference.
Note: See also A3/4 - 17 March 1994