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Issues
The
Native Title Amendment Act 1998
The Coalition Government elected in March 1996 had a policy of amending
the Native
Title Act 1993 to make it more workable. In December 1996
the outcome of the Wik case raised the stakes and the amendment
debate became more heated.
The Government developed its 10 Point Plan and presented
to Parliament its Native Title Amendment Bill 1997. The government's
bill was substantially amended in the Senate on two occassions and
the final form of the legislation was concluded through a compromise
agreement between the government and Senator Brian Harradine in
July 1998. Most of the provisions of the Native
Title Amendment Act 1998 came into force on 30 Sept 1998.
Major points of contention include:
- A reduction
in the say of native title holders have about exploration in their
traditional country, moderated to some extent by alternative schemes
for consultation.
- The opportunity
for States and Territories to replace the right to negotiate on
pastoral leases with an alternative scheme that significantly
reduced the right to negotiate.
- The fully
range of primary production activities will be allowed on pastoral
leases without negotiating with the native title holders.
- It makes
it easier for State governments to pursue the complete extinguishment
of native title on pastoral leases.
- Interim
statutory access rights to pastoral leases will not be available
to those who did not have regular physical access at the date
of the Wik decision.
- Native title
holders will have less of a say ina whole range of Government
activities on their traditional country including management of
national parks, forest reserves and other reserves.
- The legislation
arbritarily states a number of lease types where native title
will not continue to exist, this is like pastoral lease in the
original Native Title Act. This is before the courts have had
a chance to consider them and if the High Court at a future point
in time determines otherwise may not be legally valid.
- Native Title
holders as in the 1993 Act will not be able to have a meaningful
say in offshore fishing and mining which impacts on native tile
rights.
- To get the
right to negotiate some native title holders will be required
to prove traditional connection and in addition establish phsyical
connection with the land. However the Native
Title Amendment Act 1998 does provide a significant locked
gates/stolen generation exception.
- It will
be harder for native title holders to present their case in a
claim hearing.
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