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These issues highlight some concerns I have with the operation of the Native Title Act 1993 (Cth) (Native Title Act), how it is interpreted by the common law and how the native title system is operating. They seriously impact on the exercise and enjoyment of human rights of Indigenous peoples.

The federal government on 21 June 2007 announced measures to tackle sexual abuse against Aboriginal children in the Northern Territory. The legislation it passed to implement the measures has significant implications for Aboriginal owned and controlled land.

While the native title system is able to deliver social and cultural outcomes through determinations of native title, Indigenous land use agreements (ILUAs) are one of the only ways in which native title holders can pursue economic development.

Securing sustainable and just economic outcomes for Aboriginal traditional owners and residential communities in the remote regions of the Northern Territory has been an elusive goal for national and Territory governments, various public agencies and community groups for many years. The increasing value and intact environmental nature of much of the Indigenous estate across the North of Australia…

back to contents Appendix 1 Implementation of the claims resolution review Claims resolution review recommendations Government response Legislative amendment Short summary of change implemented Options for institutional reform 1. Provide the National Native Title Tribunal (the tribunal) with an exclusive mediation jurisdiction for a period of three years. 2. Tribunal exclusive mediation power…

Department of Families, Community Services and Indigenous Affairs, Native Title Program – Guidelines for Support of Prescribed Bodies Corporate (PBCs)1

To acknowledge the importance of land to Aborigines and its spiritual, social, cultural and economic significance and provide a process to return land.

Threshold criteria under the CATSI Act

Native Title Report 2007 back to contents Appendix 5 ILUAs where a local government authority is an applicant or a party ILUA No. ILUA short name Date Lodged Status Date Registered QI01/10 Urandangie (Marmanya) ILUA 23/08/2001 Registered 24/05/2002 QI01/26 Aurukun Township & Access Road Agreement 24/06/2002 Registered 18/03/2003 QI01/53 Bar-Barrum and Mareeba Shire Council ILUA 09/11…

Trustee interests: All interests involving trusteeship by the local government, or which gave rise to the rights or powers of management and control by the local government, in relation to land or waters in the claim area;

Section 87 of the Native Title Act empowers the Federal Court to make a consent determination where agreement about a claim is reached between the parties. Section 94A requires all determinations of native title, including consent determinations, to set out details of the matters mentioned in Section 225 (which defines determination of native title).

A special measure is an exception to the general rule that all racial groups must be treated the same. Special measures are permitted by section 8(1) of the Racial Discrimination Act 1975. Section 8(1) implements Articles 1(4) and 2(2) of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), as follows:

Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter,

Native Title Report 2007 back to contents Appendix 10 Acronyms Entities AGM: annual general meeting AIATSIS: Australian Institute of Aboriginal and Torres Strait Islander Studies ALRC: Australian Law Reform Commission ASIC: Australian Securities and Investments Commission CDEP: community development employment project CERD: International Covenant on the Elimination of All Forms of Racial

1.1 That the Australian Government immediately appoint an independent person to conduct a comprehensive review of the whole native title system and report back to the Attorney-General by 30 June 2010. This review is to:

Native Title Reports 2007 Back to Contents Downloads in PDF Download the full report (8.22 MB) Chapters Native Title Report 2007 Book Cover (1.66 MB) Overview: Native title 15 years on (120 KB) Chapter 1 : Changes to the native title system (375 KB) Chapter 2 : Changes to the claims resolution process (551 KB) Chapter 3 : Changes to representative Indigenous bodies (337 KB) Chapter 4 :…

This is my third Native Title Report as the Aboriginal and Torres Strait Islander Social Justice Commissioner. This year I continue the theme from my previous Reports by focusing on land tenure and economic reform on Indigenous communal lands.1

If a group’s traditional country is not in a mining area they escape the injury to country that mining represents but have little opportunity to really develop industry and commerce that could support their communities.1

In 2006 the Secretary of the Department of Prime Minister and Cabinet made a revealing statement about Indigenous affairs. He argued that his own government’s policy performance in the Indigenous portfolio had been a failure. He went further to say that while well intentioned, the policies and approaches of the past 30 years had contributed to poor outcomes for Indigenous people.

Throughout Australia’s history the relationship between the mining industry and Indigenous peoples has been less than harmonious. The drive for resources has seen the rights and interests of Indigenous peoples sacrificed in favour of economic growth. While many problems still remain today, there is evidence of a recent shift in the attitude of mining interests towards neighbouring Indigenous…