THE NATIVE TITLES ACT 1993—THE PETROLEUM INDUSTRY AND THE FUTURE

Abstract

The judgement of the High Court of Australia in 1992 in Mabo v. Queensland has had a major impact on land law in Australia.

The Native Titles Act, 1993, is the first of what will be many steps in a long, complex legislative program to integrate 'native title', into Australia's land law.

Those drafting the Native Title Act seemed to have concentrated on dealing with 'native title' issues in isolation and to have ignored or put to one side the need for it to mesh with other aspects of land law. This has created uncertainty for many users of land and will require review.

Although the contrary was intended, the Act creates, in practical terms, significant uncertainty for renewal of existing oil and gas exploration and production titles. It also has implications for applicants for new titles and in due course for farmouts and assignments.

Eventually additional legislation will be required to clarify the relationship of native title with the other areas of land law.