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Native Title Report 2009 - Appendix 2

Native Title Report 2009

Appendix 2: Native title
statistics
[1]

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1 Native
title applications

Table 1: Native title applications filed between
1 July 2008
and 30 June 2009

ACT
NSW
NT
Qld
SA
Tas
Vic
WA
Total
Claimant
0
4
2
10
2
0
1
4
23
Non-claimant
0
11
0
0
0
0
0
0
11
Total
0
15
2
10
2
0
1
4
34

Table 2: Native title applications finalised
between

1 July 2008 and 30 June 2009

ACT
NSW
NT
Qld
SA
Tas
Vic
WA
Total
Claimant
1
8
14
19
3
0
0
22
67
Non-claimant
0
13
0
1
0
0
0
1
15
Compensation
0
0
1
1
0
0
0
0
2
Total
1
21
15
21
3
0
0
23
84

Table 3: Native title claims or claims for
compensation filed with the
Court as at 30 June 2009

ACT
NSW
NT
Qld
SA
Tas
Vic
WA
Total
Claimant
1
31
153
136
20
0
16
94
451
Non-claimant
0
24
0
1
0
0
0
0
25
Compensation
0
0
1
3
0
0
0
3
7
Total
1
55
154
140
20
0
16
97
483

Table 4: Native title claims or claims for
compensation under native title
listed for hearing as at 30
June 2009

ACT
NSW
NT
Qld
SA
Tas
Vic
WA
Total
Number
0
0
0
1*
0
0
1**
0
2


Qld*: QUD6040/01 Torres Strait Regional Seas Claim

Vic**: 1 – Kurnai Clans Native Title Determination Application,
VID398/2005

Table 5: Native title claims struck out by the Court
between 1
July 2008 and 30 June 2009

ACT
NSW
NT
Qld
SA
Tas
Vic
WA
Total
Number
0
3*
0
13**
0
0
0
19***
35


NSW*: 2 under section 190F(6) and 1 non-compliance

QLD**: 5 under section
190F(6) of the Native Title Act 1993 (Cth)

5 non-compliance

1
under section 84D of the Native Title Act 1993 (Cth)

1 leave granted to file Notice of Discontinuance, in default matter
dismissed

1 no standing to make application

WA***: 17 dismissed pursuant to section 190F of the Native Title Act 1993
(Cth)

2 Discontinuances (by way of Notice of Discontinuance) [1 Claimant; 1
Non-Claimant]

Table 6: Registration test decisions made between
1 July 2008
and 30 June 2009
Decision
Total
Accepted
27
Accepted – section 190A(6A)
5
Total
32


Table 7: Native title applications not accepted for registration
between

1 July 2008 and 30 June 2009

ACT
NSW
NT
Qld
SA
Tas
Vic
WA
Total
Not accepted
0
3
0
1
0
0
1
4
9


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2 Determinations

Table 8: Native title determinations made between
1 July 2008
and 30 June 2009

ACT
NSW
NT
Qld
SA
Tas
Vic
WA
Total
Determination by consent
0
1
0
1
6
0
0
2
10
Determination by litigation
0
1
0
0
0
0
0
0
1
Determination unopposed
0
1
0
0
0
0
0
0
1
Total
0
3
0
1
6
0
0
2
12


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3 Agreements

Table 9: Future act agreements made between 1 July 2008 and 30 June
2009

ACT
NSW
NT
Qld
SA
Tas
Vic
WA
Total
Agreements that fully resolve Future Act applications
0
2
3
35
0
0
6
803
849
Milestones in Future Act mediations
0
0
23
40
0
0
0
67
130
Total
0
2
26
75
0
0
6
870
979

Table 10: Determination application agreements
made between
1 July 2008 and 30 June 2009

ACT
NSW
NT
Qld
SA
Tas
Vic
WA
Total
Agreements that fully resolve native title determination applications
0
0
0
6
3
0
0
4
13
Agreements on issues, leading towards the resolution of native title
determination applications
0
15
3
37
4
0
0
109
168
Process/framework agreements
0
15
8
135
50
0
14
100
322
Total
0
30
11
178
57
0
14
213
503


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4 Future acts

Table 11: Future act determination applications (s 35) finalised
between
1 July 2008 and 30 June 2009
Outcome
Qld
Vic
WA
Total
Application withdrawn
0
0
12
12
Consent determination – Act can be done
9
1
16
26
Determination – Act cannot be done
0
0
1
1
Dismissed – s 148(a) no jurisdiction
0
0
1
1
Tenement withdrawn
0
0
1
1
Total
9
1
31
41

Table 12: Future act objections finalised during the reporting
period
Tenement outcome
Qld
WA
Total
Consent determination – expedited procedure does not apply
0
9
9
Determination – expedited procedure applies
0
4
4
Determination – expedited procedure does not apply
0
4
4
Dismissed – s 148(a) no jurisdiction
4
58
62
Dismissed – s 148(a) tenement withdrawn
37
294
331
Dismissed – s 148(b)
0
194
194
Expedited procedure statement withdrawn
1
38
39
Expedited procedure statement withdrawn – s 31 agreement
lodged
61
0
61
Objection not accepted
0
45
45
Objection withdrawn – agreement
11
720
731
Objection withdrawn – external factors
0
4
4
Objection withdrawn – no agreement
11
40
51
Objection withdrawn prior to acceptance
0
45
45
Tenement withdrawn prior to objection acceptance
7
3
10
Total
132
1 458
1 590


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5 Glossary of
terms
[2]

Claimant application means an application made by Aboriginal people or
Torres Strait Islanders under the Native Title Act 1993 (Cth) (Native
Title Act) for a determination that native title exists over a particular area
of land or waters (Native Title Act, s 61(1)).

Non-claimant application means an application made by a person, who
holds a non-native title interest in relation to an area, and is seeking a
determination that native title does not exist in that area.

Compensation application means an application made by Aboriginal
people or Torres Strait Islanders seeking compensation for loss or impairment of
their native title (Native Title Act, s 61).

Determination by consent means an approved determination of native
title by the Federal Court or the High Court of Australia or a recognised body
that native title does or does not exist in relation to a particular area of
land and / or waters, which is made after the parties have reached agreement in
relation to those issues.

Determination by litigation means a decision by the Federal Court or
the High Court of Australia or a recognised body that native title does or does
not exist in relation to a particular area or land or waters, which is made
following a trial process.

Unopposed determination means a decision by the Federal Court or the
High Court of Australia or a recognised body that native title does or does not
exist as a result of a native title application that is not contested by another
party.

Expedited procedure means the fast-tracking process for future acts
that might have minimal impact on native title, such as the grant of some
exploration and prospecting licenses. If this procedure is used, and no
objection is lodged, the future act can be done without the normal negotiations
with the registered native title parties required by the Native Title Act.

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[1] The information in this
Appendix is sourced from W Soden, Native Title Registrar/Chief Executive
Officer, Federal Court of Australia, Correspondence to T Calma, Aboriginal and
Torres Strait Islander Social Justice Commissioner, Australian Human Rights
Commission, 20 July 2009; G Neate, President, National Native Title Tribunal,
Correspondence to T Calma, Aboriginal and Torres Strait Islander Social Justice
Commissioner, Australian Human Rights Commission, 3 August
2009.

[2] Adapted from National
Native Title Tribunal, Glossary, http://www.nntt.gov.au/Pages/Glossary.aspx (viewed 12 October 2009).