Reconciliation and Social Justice Library

Aboriginal and Torres Strait Islander Social Justice Commissioner

Native Title Report January - June 1994

• Native Title Report January - June 1994
  • Introduction
  • Executive Summary
    • Chapter 1 -- The Native Title Act
    • Chapter 2 -- Human Rights
    • Chapter 3 -- Extinguishment
    • Chapter 4 -- The National Native Title Tribunal
    • Chapter 5 -- Economic and Resource Management Issues
    • Chapter 6 -- Community Awareness
  • The Native Title Act
    • 1 Introduction
    • 2 Recognising Native Title
      • Applications
        • Claimant applications
        • Non-claimant applications
        • Revocation or variation
      • Regulations for claimant applications
      • Acceptance test
      • Bodies corporate
      • Representative Bodies
        • Adequate funding
        • Resolving disagreements
    • 3 Validation and Extinguishment
      • Aboriginal and Torres Strait Islander land
      • Compensation
    • 4 Future Acts
      • The right to negotiate
        • Response to proposed amendments
          • Prospecting and exploration
          • Compulsory acquisitions
          • Expectations of interests
          • Converted pastoral leases
          • Negotiating royalties
      • Arbitration
        • Response to proposed amendments
          • Keeping arbitration within the State or Territory
          • Duplication
          • Arbitration Criteria
      • Ministerial override
        • Response to proposed amendment
          • State and Territory relations
      • Exclusions
      • Time concerns
    • 5 Preservation of Native Title Rights and Interests
      • Preservation of activities
      • Ownership of natural resources and access to beaches
    • 6 Complementary Legislation
      • State bodies
      • Declaratory provision
      • Inconsistent legislation
      • Financial arrangements
    • 7 Native Title and Statutory Title
  • Human Rights
    • 1 Native Title and International Law
    • 2 The Native Title Act and Human Rights
      • Recognising Indigenous ownership on Indigenous terms
      • `Proving' native title
      • Protection of native title
        • Protection as a primary concern
        • Negotiation and consent
        • National and state interest
      • Validation in perspective
      • Compensation
    • 3 Opportunity for the Future
      • The broader recognition of Indigenous customary law
      • Self-determination and Self-government
      • Concluding comments
  • Extinguishment
    • 1 Introduction
    • 2 The Right to Extinguish
    • 3 Indigenous Perspectives
    • 4 The Presumption Against Extinguishment
    • 5 Extinguishment by Clear and Plain Intent
    • 6 Extinguishment by Inconsistency
      • Inconsistent grants
      • What is inconsistent?
        • Mabo [No:2] and leases
        • Pastoral leases and inconsistency
    • 7 Co-Existence and Partial Inconsistency
    • 8 Giving Effect to Wrongful Acts at Common Law
    • 9 Fiduciary Duties and the Extinguishment of Native Title
    • 10 Conclusion
  • The National Native Title Tribunal
    • 1 Role of The National Native Title Tribunal
    • 2 Judicial Power
    • 3 Preparing the Application
      • Claimants
      • Application fees
      • Form design
      • Indigenous name
      • Tenure searches
      • Maps and descriptions
        • Descriptions
        • Maps
    • 4 Accepting the Application
      • Pre- acceptance consultations
      • Receipt of applications
      • Acceptance test
      • Acceptance and extinguishing events
      • Guidelines and pastoral leases
      • Guidelines and presumptions of law
      • Decisions of the registrar which amount to decisions on points of law
      • Preliminary inquiries: prima facie case and questions of law
    • 5 Mediation
    • 6 Claims
    • 7 Proposal to Separate Mediation and Determinations
    • 8 Conclusion
  • Economic and Resource Management Issues
    • 1 State Governments, Future Grants and Infrastructure
      • State governments and the future act procedures
        • Procedures for future grants
        • Permissible future acts
        • Provision of public infrastructure
        • Genuinely equal procedural rights
        • The right to negotiate
        • Exclusions from the right to negotiate
      • Administrative procedures
      • Keeping uncertainty in perspective
      • Regional agreements
    • 2 Environmental and Land Management Issues
      • International recognition
      • National Parks: an example of co-operative land management
    • 3 The Native Title Act and Australian Industry
      • The Native Title Act and the fishing industry
        • Common law native title and fisheries
        • Fishing interests and the Native Title Act
          • Validation and future acts
          • Access
          • Compensation
          • Indigenous involvement in fisheries management
        • Regional agreements and fisheries
      • The Native Title Act and mining activity
      • The pastoral industry and the Native Title Act
        • Pastoral leases and native title
        • Native title claims to pastoral leases
          • Tribunal procedures
          • Power in mediations
          • Banks and financial institutions
        • Aborigines in the pastoral industry
        • Co-existence
  • Community Awareness
    • 1 Community Education and Human Rights
    • 2 Native Title
    • 3 Consultation and Co-ordination
    • 4 National Aboriginal and Torres Strait Islander
    • 5 AIATSIS Native Titles Research Unit
    • 6 The National Native Title Tribunal
    • 7 Information, Education and Training Needs
    • 8 Cross-Cultural Communication
    • 9 Specific Community Programmes
    • 10 Conclusion
  • Concluding Comments
    • Appendix 1: Submissions Received by the Aboriginal and Torres Strait Islander Social Justice Commissioner
    • Appendix 2: Contributors
    • Appendix 3: Applications Received by the National Native Title Tribunal as at 30 June 1994
    • Appendix 4: Summary of The State of Western Australia v The Commonwealth
      • Background
      • The Issues
        • Is native title extinguished by the establishment of the colony of Western Australia?
      • The WA Act and the Racial Discrimination Act
      • Is the Native Title Act constitutional?
        • Validation
        • Future Acts
      • Race power
      • Limitations on specific powers
        • Control of the legislative powers of the State
        • Impermissible discrimination against Western Australia
      • The relationship between the NTA and the RDA
      • Common Law and Legislative Power