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The year 2007 is the fortieth anniversary of the 1967 constitutional referendum. The referendum changed the Australian Constitution however it didn’t specify directions to be taken. In many ways, it could be said that the referendum represented promises to Indigenous Australians for new ways of enjoying human rights, and promises to other Australians that Indigenous citizens could expect a new and equal deal.

Native title is now well established in Australian law. The native title system was set up in 1994 under the Native Title Act 1993 (Cth) (the Native Title Act). It is for gaining recognition and protection of native title, and for resolving native title matters. It has been successfully used in many parts of the country.

Whether Indigenous peoples are able to gain full recognition and protection of their native title rights and interests, depends significantly on the process by which native title applications are resolved.

It is crucial to the functioning of the native title system that there are organisations representing Indigenous people and assisting them to gain recognition and protection of native title.

One part of the funding is the ‘respondent funding scheme’ operated by the Attorney-General’s Department. Under this scheme the Attorney-General can grant legal or financial assistance to certain non-claimant parties to enable them to participate in native title proceedings.1

Good functioning of prescribed bodies corporate (PBC)2 is essential to native title. Recognition of native title rights only goes part of the way to redress the historical injustice of land dispossession. Without appropriate means to make decisions about land, the existence of native title makes minimal appreciable difference to Indigenous people.

‘CATSI’ is an acronym for the Commonwealth’s Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), which came into effect on 1 July 2007. The Act ‘primarily provides for the incorporation and regulation of Aboriginal and Torres Strait Islander Corporations’. It replaces the Aboriginal Councils and Associations Act 1976 (Cth) (the ACA Act).

</B>The Yankunytjatjara and Pitjantjatjara and other Indigenous people of the town of Yulara, in the shadows of Uluru, had their claim for compensation for extinguishment of native title rejected by Justice Sackville in the Federal Court (the Jango case)1in 2006. The Noongar people (the Noongar case)2 had their claim for native title over the metropolitan area of Perth upheld. Further north, around Darwin, the Larrakia people (the Larrakia case)3 learned that the common law would not recognise their native title when Justice Mansfied handed down his decision.

These issues highlight some concerns I have with the operation of the Native Title Act 1993 (Cth) (Native Title Act), how it is interpreted by the common law and how the native title system is operating. They seriously impact on the exercise and enjoyment of human rights of Indigenous peoples.

The federal government on 21 June 2007 announced measures to tackle sexual abuse against Aboriginal children in the Northern Territory. The legislation it passed to implement the measures has significant implications for Aboriginal owned and controlled land.

The Native Title Act 1993 (Cth) (the Native Title Act) does not preclude the possibility that native title rights and interests recognised may be commercial rights and interests.

</B>While the native title system is able to deliver social and cultural outcomes through determinations of native title, Indigenous land use agreements (ILUAs) are one of the only ways in which native title holders can pursue economic development.

Securing sustainable and just economic outcomes for Aboriginal traditional owners and residential communities in the remote regions of the Northern Territory has been an elusive goal for national and Territory governments, various public agencies and community groups for many years. The increasing value and intact environmental nature of much of the Indigenous estate across the North of Australia in a carbon trading context offers opportunities that could create sustainable on-country development for traditional owners in the region through new and exciting economies.

back to contents</p> Appendix 1</h2> Implementation of the claims resolution review</h3> Claims resolution review recommendations Government response Legislative amendment Short summary of change implemented Options for institutional reform 1. Provide the National Native Title Tribunal (the tribunal) with an exclusive mediation jurisdiction for a period of three years. 2. Tribunal exclusive mediation power Provide the tribunal with an exclusive mediation role with no time limitation on Federal Court (the court) intervention. This was the accepted option.

Department of Families, Community Services and Indigenous Affairs, Native Title Program &ndash; Guidelines for Support of Prescribed Bodies Corporate (PBCs)1

To acknowledge the importance of land to Aborigines and its spiritual, social, cultural and economic significance and provide a process to return land.</p>

Threshold criteria under the CATSI Act</strong></p>

Native Title Report 2007 back to contents Appendix 5 ILUAs where a local government authority is an applicant or a party ILUA No. ILUA short name Date Lodged Status Date Registered QI01/10 Urandangie (Marmanya) ILUA 23/08/2001 Registered 24/05/2002 QI01/26 Aurukun Township &amp; Access Road Agreement 24/06/2002 Registered 18/03/2003 QI01/53 Bar-Barrum and Mareeba Shire Council ILUA 09/11/2001 ...

Trustee interests: All interests involving trusteeship by the local government, or which gave rise to the rights or powers of management and control by the local government, in relation to land or waters in the claim area;

</B>Section 87 of the Native Title Act empowers the Federal Court to make a consent determination where agreement about a claim is reached between the parties. Section 94A requires all determinations of native title, including consent determinations, to set out details of the matters mentioned in Section 225 (which defines determination of native title).