Issues
The
Native Title Act 1993
The Native
Title Act 1993 became law on 1 January 1994. It was developed
in the wake of the Mabo decision
as a guide for recognition of native title rights and the establishment
of principles and processes with regard to native title. This benchmark
legislation was significantly altered by the Native
Title Amendment Act 1998.
The main features of the 1993 legislation were:
- It clearly
recognized the existence of native title and native title rights.
- It established
basic principles about native title in Australia - that these
rights and interests existed according to the traditional laws
and customs of Indigenous peoples as recognised in common law.
- It allowed
the government ways to validate past acts such as leases which
native title might have made invalid.
- It allowed
the government to protect native title rights in future developments.
- It allowed
for compensation in return for the loss of native title.
- It contained
a process for monitoring native title rights and making future
decisions about grants such as mining leases.
- It recognised
an Indigenous 'right to negotiate' about actions affecting native
title.
- It created
a Land Fund with money to help Aboriginal and Torres Strait Islander
peoples acquire and manage land.
The Native
Title Act 1993 was a special measure under Article 1(4)
of the Racial Discrimination Convention and section 8 of the Racial
Discrimination Act 1975.
In effect it gave strong protection to native title, with extinguishment
only possible where past acts were to be legalised.
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