Developments in Native Title

Publication Name: PESA Journal No.27

Authors: M.S. Sandman

Publication Volume: 7

Date Published: November 1999

Number of Pages: 5

Reference Type: Journal Article

Abstract:

Amendments to the Commonwealth Native Title Act came
into force on 30th September, 1988.
The amendments are complicated and detailed and
significantly alter the manner in which resource companies
and governments are required to act in order to comply with
native title legislation. Some of the most significant features
of the legislation are as follows:
? Native Title applications will be made to the Federal
Court instead of the National Native Title Tribunal
? The right to negotiate is subject to change
? Native title applicants are required to pass a new
registration test to gain the right to negotiate
? New State and Territory bodies may assume the role of
the National Native Title Tribunal, these bodies will
require State and Territory legislation and the approval of
the Commonwealth Minister;
? People making an application for a determination of
native title will be required to confirm that they have the
authority of the people on whose behalf the application is
made. Native title representative bodies will have a new
certifying role to confirm this authority;
? Changes have also been made to broaden the type of land
use agreements that can be entered into in relation to
native title, that will be specifically recognised by the
Native Title Act. These are described as Indigenous
Land Use Agreements ("ILUA's").
In addition, recent seemingly conflicting decisions of the
Federal Court have only added to the uncertainty.

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Tags: Developments in Native Title Journal