DEVELOPMENTS IN NATIVE TITLE

Abstract

Amendments to the Commonwealth Native Title Act came into force on 30 September, 1988.

The amendments are complicated and detailed and significantly alter the manner in which resource companies and governments are required to act in order to comply with native title legislation. Some of the most significant features of the legislation are as follows:

Native Title applications will be made to the Federal Court instead of the National Native Title Tribunal.

The right to negotiate is subject to change.

Native Title applicants are required to pass a new registration test to gain the right to negotiate.

New State and Territory bodies may assume the role of the National Native Title Tribunal. These bodies will require State and Territory legislation and the approval of the Commonwealth Minister.

People making an application for a determination of Native Title will be required to confirm that they have the authority of the people on whose behalf the application is made. Native title representative bodies will have a new certifying role to confirm this authority.

Changes have also been made to broaden the type of land use agreements that can be entered into in relation to native title, that will be specifically recognised by the Native Title Act. These are described as Indigenous Land Use Agreements (ILUA's).

In addition, recent seemingly conflicting decisions of the Federal Court have only added to the uncertainty.