Native Title Report 2009 - Appendix 2
Find detailed application compliance data from the Native Title Report 2009, including determinations and non-compliance records across Australian states.
Summary
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)
Native Title Report 2009
Appendix 2: Native title statistics [1]
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 |
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 |
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 |
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 |
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.
[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 ߙ 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).