DTRD - NATIVE TITLE

NATIVE TITLE

Amendments to Native Title Act

Native Title has had its greatest impact in regional Australia, in particular on the mining and pastoral industries. The High Court's decision in the Wik case that native title and pastoral leases can coexist has increased the uncertainty about the extent of native title in Australia. During the election campaign the Government gave a commitment to retaining the Native Title Act 1993 (the NTA) but reserved the right to propose amendments to ensure its workability while respecting the provisions of the Racial Discrimination Act 1975. To this end, the Government introduced amendments to the NTA into Parliament in June 1996, and released an Exposure Draft of amendments on the right to negotiate and representative Aboriginal and Torres Strait Islander bodies in October 1996.

Difficulties with the Act

These proposed amendments, which were developed before the Wik decision, are intended to overcome many of the operational difficulties currently being experienced by those who have to work with the Act and the lack of real results. By way of example, as at 22 April 1997 there had been 510 claimant applications lodged for a determination of native title and only one determination of native title made. The amendments reflect a balance between the continued recognition and protection of native title and the economic development of the nation.

In brief, the amendments proposed in 1996:

provide a higher registration test which must be satisfied before claimants have a right to negotiate about some future acts by governments over the claimed area;
reduce the likelihood of more than one native title claim over one area;
reduce the impact of the right to negotiate on mineral exploration and mining and other future land use;
streamline the processes for determinations of native title by the courts;
clarify the future role of the National Native Title Tribunal; and
facilitate greater use of agreements between parties under the Native Title Act.

Statutory framework

These proposed amendments also strengthen the responsibilities of the representative bodies by establishing a statutory framework which will improve their accountability and consistency of performance. These amendments had not been passed when the Wik decision was announced, and have been put on hold while the Government considers its response to that decision. The Government may revisit some of the 1996 proposed amendments in the course of delivering its response to the Wik decision.

The Wik decision has overturned one of the fundamental assumptions of governments when the legislation was passed: that the grant of a valid lease extinguished native title. The implications of this change have a major impact on the operation of the Act and may also affect the day-to-day operation of the pastoral and mining industries as well as State and Territory land management.

Detailed consultations have been held with all interests affected by the Wik decision, including Premiers and Chief Ministers, mining and pastoral industry representatives and indigenous leaders. The Government remains committed to its policy of producing a resolution that is fair to industry, respects native title and which promotes the national interest.

Table 1: Outlays Measures

	Effect on Outlays
	1997-98	1998-99	1999-00	2000-01
	$m	$m	$m	$m
Rural Adjustment Scheme	-46.3	-43.7	-50.3	-55.3
Integrated Rural Policy Package	44.7	46.3	52.4	55.4
Australian Quarantine and Inspection Service - Implementation of the Review of Export Meat Inspection (redundancies)	13.1	11.1	12.9	7.2
Australian Quarantine and Inspection Service - Implementation of reports into quarantine and imported fish and fish products	15.0	20.2	20.3	20.5
Supermarket to Asia - The Delicatessen	1.0	0.0	0.0	0.0
Work for the Dole Initiative	16.8	4.8	0.0	0.0
More Time for Business - Government Small Business Statement	6.8	8.8	5.4	4.8
Aboriginal and Torres Strait Islander Affairs Agencies funding arrangements - guaranteed funding with an increased base	15.0	15.2	15.5	15.8
Continue funding for the Family Service Centre and Retirement Service Centre pilots	1.9	0.0	0.0	0.0
Higher Education restructuring and rationalisation package	10.2	7.3	4.3	4.4
Targeted support for people with dementia and their carers	2.5	2.5	2.6	2.6
Continuation of funding for the National Road Transport Commission	0.6	1.2	1.2	1.2
Funds for Roads of National Importance in WA	10.0	10.0	10.0	10.0
Realignment of Tasmanian Freight Equalisation Scheme assistance rates	-3.0	-3.0	-3.0	-3.0
Regional assistance - Impact of Australian National Railways Commission restructuring*	10.0	0.0	0.0	0.0
Re-phasing of funding for the National Rail Infrastructure Authority	-15.3	-27.0	-19.0	-18.2
Funding for capital works at Orielton Lagoon in Tasmania	0.7	0.0	0.0	0.0
Regional Telecommunications Infrastructure Fund*	50.0	50.0	50.0	50.0
Savings from Natural Resource Management Programmes	-5.0	-5.1	-5.2	-5.3
Savings from the Rural Communities Access Programme	-2.4	0.0	0.0	0.0
Natural Heritage Trust of Australia Reserve	161.9	265.4	272.7	254.9
Increased AUSTUDY for families with two or more tertiary students living away from home	1.6	1.5	1.6	1.6
Improved targeting of ABSTUDY	-5.0	-10.9	-11.2	-11.6
Additional accommodation support places for people with disabilities and their families	5.9	11.8	18.0	18.3
Additional funding to the Visions of Australia programme to continue the provision for touring of cultural exhibitions	1.5	1.5	0.0	0.0
Referral to the Commonwealth of the Victorian industrial relations systems	2.2	2.3	2.3	2.4

This table reflects changes to outlays as a result of decisions taken in this years Budget; for details of total expenditure against these items refer to Budget Paper No. 2.

Note: Figures in the table are rounded.

* These decisions were announced prior to the 1997-98 Budget