NATIONAL NATIVE TITLE TRIBUNAL

ANNUAL REPORT 1996/97 ANNUAL REPORT 1996/97

CONTENTS

Letter to Attorney-General 1 Table of contents 3 Introduction – President’s Report 5 Tribunal values, mission, vision 9 Corporate overview – Registrar’s Report 10 Corporate goals Goal One: Increase community and stakeholder knowledge of the Tribunal and its processes. 19 Goal Two: Promote effective participation by parties involved in native title applications. 25 Goal Three: Promote practical and innovative resolution of native title applications. 30 Goal Four: Achieve recognition as an organisation that is committed to addressing the cultural and customary concerns of Aboriginal and Islander people. 44 Goal Five: Manage the Tribunal’s human, financial, physical and information resources efficiently and effectively. 47 Goal Six: Manage the process for authorising future acts effectively. 53 Regional Overviews 59 Appendices Appendix I: Corporate Directory 82 Appendix II: Other Relevant Legislation 84 Appendix III: Publications and Papers 85 Appendix IV: Staffing 89 Appendix V: Consultants 91 Appendix VI: Freedom of Information 92 Appendix VII: Internal and External Scrutiny, Social Justice and Equity 94 Appendix VIII: Audit Report & Notes to the Financial Statements 97 Appendix IX: Glossary 119 Appendix X: Compliance index 123 Index 124

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© Commonwealth of 1997 ISSN 1324-9991 This work is copyright. It may be reproduced in whole or in part for study or training purposes if an acknowledgment of the source is included. Such use must not be for the purposes of sale or commercial exploitation. Subject to the Copyright Act, reproduction, storage in a retrieval system or transmission in any form by any means of any part of the work other than for the purposes above is not permitted without written permission. Requests and inquiries should be addressed to Registrar, National Native Title Tribunal, GPO Box 9973, WA 6001.

i National Native Title Tribunal ANNUAL REPORT 1996/97

LETTER TO ATTORNEY-GENERAL

National Native Title Tribunal

Telephone: (08) 9268 7272 Level 4 GPO Box 9973 Facsimile: (08) 9268 7299 Commonwealth Law Courts PERTH WA 6001 Freecall: 1800 640 501 1 Avenue EMail: [email protected] PERTH WA 6000 Web Page: http://www.nntt.gov.au/

30 September 1997

The Hon Daryl Williams AM QC MP Attorney-General Parliament House CANBERRA ACT 2600

Dear Attorney-General

In accordance with section 133 of the , I present to you the Annual Report of the National Native Title Tribunal for the year ended 30 June 1997.

Yours faithfully

R S French PRESIDENT

National Native Title Tribunal 1 ANNUAL REPORT 1996/97

TRIBUNAL MEMBERS

Justice Peter Gray Justice Howard Olney Justice Jane Matthews Hon. Hal Wootten AC QC Presidential Member Presidential Member Presidential Member Presidential Member

Hon. Paul Seaman QC Mr Sean Flood Hon. Fred Chaney AO Hon. Christopher Sumner Presidential Member Member Member Member

Mr Tony Lee Mr Michael McDaniel Mr Kim Wilson Hon. Ian Viner QC Member Member Part-time Member Part-time Member

Dr Mary Edmunds Ms Susan Ellis Mr Rick Farley Ms Pam O’Neil Part-time Member Part-time Member Part-time Member Part-time Member

Mr Graeme Neate Ms Diane Smith Prof. Douglas Williamson Ms Joanna Kalowski Part-time Member Part-time Member RFD QC Part-time Member Part-time Member

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TRIBUNAL EXECUTIVE

Left to right: Tony McRae, Director, Research & Information; Merranie Strauss, Deputy Registrar, Case Management; Justice French, President; Lisa Baker, Manager, Corporate Services; Allan Padgett, Co-ordinator, Future Act Unit; Patricia Lane, Registrar.

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INTRODUCTION – PRESIDENT’S REPORT

The mission of the National Native Title Tribunal is one constant in an operating environment that is continually changing and presenting it with new demands and challenges. That mission is to promote just agreements, informed discourse and fair outcomes about native title through mediation and arbitration. The year ended 30 June 1997 has been no less difficult than its predecessors. The Tribunal’s work has been carried out against a background of sometimes acrimonious debate about the impact of the High Court’s decision in the Wik case and the appropriate legislative response to it. Nevertheless, the reporting period saw the first mainland native title determination and a number of partial and Justice Robert French, process agreements which indicate that there is progress although Tribunal President. slower and more difficult than most would want. This Annual Report in many ways amply demonstrates the significant scope, difficulty and complexity of the Tribunal’s work throughout Australia. There is a noticeable emphasis on information programs for all sections of the community who may become affected by or involved in native title processes. A reasonable understanding of the basic concepts and processes is essential to effective participation in native title mediation. This Annual Promotion of that understanding and participation are express corporate goals which are addressed in this Report. Report in many ways amply The Tribunal’s response to its growing workload is reflected in the strengthening of its regional presence by the opening of a demonstrates the new office in Brisbane, the upgrading of the Adelaide office and significant scope, the office and the development of substantial regional difficulty and plans. These plans, which involve members and staff associated complexity of the with particular regions in their preparation, are intended to Tribunal’s work ensure a coherent and consistent approach within regions. A broad consistency of approach across regions is also required by throughout the use of standard planning formats and review by the Tribunal Australia. Executive. Intra-indigenous issues were a dominant feature of the Tribunal’s work in 1996/97 requiring its involvement in the attempted resolution of overlapping claims and the formation of working groups so that divergent interests of conflicting claimants might be managed by them in a way that enabled them to engage more effectively with governments and others. In this the Tribunal worked wherever possible in conjunction with the Native Title Representative Bodies who have primary responsibility for the resolution of intra-indigenous conflicts. The Tribunal has maintained continuing and co-operative links with government and a range of industry bodies. There has been an emphasis on joint approaches to community information. This is well reflected in the launch of a project for local government as a joint venture between the Tribunal and the Australian Local Government Association. A positive and co-operative working relationship has also been maintained with the Parliamentary Joint Committee on Native Title.

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The Tribunal’s Agreements Database is growing as one agreement after another is added to it. The database promises to be a resource of great value to all of those involved in native title work by enabling them to draw upon and, in their own turn, add to the accumulated experiences of those who have gone down the path of negotiation before them.

Meeting the media following the signing of the Dunghutti People’s native title agreement are (from left): Simon Blackshield and Manul Ritchie of the NSW Aboriginal ; Tribunal President Justice Robert French; claimant Mary- Lou Buck, on behalf of the Dunghutti People; and the NSW Minister for Lands, the Hon Kim Yeadon.

In its future act activities, the Tribunal has been responding to a large workload particularly in . There is a slowly increasing number of agreements emerging out of the right to negotiate process. The major future act agreement in the reporting period was that between Century Zinc Ltd and a number of claimants in North . In that connection I wish to express my gratitude to the members and staff in both the mediating and arbitrating teams for their efforts. The reporting The reporting period was dominated in the public arena by period was debate about the Wik decision of the High Court and the legislative response to it. The Tribunal has provided submissions dominated in the to Government and its Wik Taskforce about the way in which public arena by amendments to the Act can best improve the operation and debate about the processes of the Tribunal. One important and positive feature of Wik decision of the proposed amendments in this respect is the move to have all the High Court applications for native title determinations or compensations commence in the Federal Court and then be referred to the and the Tribunal for mediation. The relationship between Tribunal and legislative Court processes can in this way be considerably more flexible response to it. than the present system allows. Agreements as to facts designed to narrow the scope of court proceedings can be explored and questions of fact or law referred to the Court for determination without the need for a full scale hearing. In the course of the reporting period two new Members, Professor Doug Williamson QC and Ms Joanna Kalowski were appointed to

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the Tribunal and I welcome their contribution. Regretfully, Mr Ian Viner QC, a Western Australian based member of the Tribunal resigned because of the requirements of other commitments and his office as Deputy Chairman of the Council for Aboriginal Reconciliation. I thank him for his work, particularly in Western Australia. The end of the reporting period also saw the term of the Hon Hal Wootten AC QC draw to a close. Mr Wootten has made a major contribution to the Tribunal, both intellectually and through his work as a mediator. His involvement was just another step in a life of service in the public interest. It has been a privilege to work with him.

Justice Robert French, President of the National Native Title Tribunal with Mr Gordon Charlie of the Dingaal People, on a mediation at Hopevale, Far . Photo: Peter Poynton.

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In presenting last year’s report, I indicated it would be my last as my appointment was to expire on 1 May 1997. I have however accepted an extension of the appointment to 31 December 1997 to enable a reasonable degree of continuity in the leadership of the Tribunal through what is, for all concerned, a difficult time. Once again I have found it a privilege to have worked with the people of this national organisation whose expertise and competence deepens with every passing day. As to my own contribution, I must accept with harsh modesty its limits and inadequacies. The time is now right for the new dynamic and direction that can only be provided by new leadership. There should, however, be no doubt on the part of Australians generally that in the Tribunal they have a unique national asset. The returns from that asset are limited only by the willingness of governments and others to use it as a tool for responding in a practical way to the great imperatives of reconciliation.

The , of Darwin, at the lodgement of their native title claimant application on 6 December, 1996.

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TRIBUNAL VALUES, MISSION, VISION

VALUES

We aim to be: Impartial – respecting all people Practical – focussed on achieving useful outcomes Innovative – developing and testing new solutions to native title issues Fair – understanding inequalities and providing equal treatment that recognises cultural and social diversity Excellent – a highly informed, competent, service-oriented organisation

MISSION To promote just agreements, informed discourse and fair outcomes about native title through mediation and arbitration.

VISION The Tribunal is to be a principal provider of native title mediation services and an authoritative source of information about the native title process.

The corporate mission, values and goals were created in consultation with all staff and members and are reviewed annually. The corporate goals provide the focus for the Tribunal’s business units in developing strategies to meet planned outcomes. In turn, business unit strategies inform individual performance and career development plans for managers and staff.

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CORPORATE OVERVIEW – REGISTRAR'S REPORT

The Native Title Act 1993 (the Act) requires the Tribunal to carry out its functions in a manner which is fair, just, informal, economical and prompt. It is also required to have regard to the cultural and customary concerns of Aboriginal People and .

WORKLOAD ISSUES

The Tribunal’s functions are mediation of native title applications, including compensation and non-claimant applications, and determining whether proposed future acts such Patricia Lane, Registrar. as mining and compulsory acquisition by a government for grant to third parties can proceed. During the reporting period, the Tribunal received 185 claimant applications. Although this rate of lodgment is less than for the 1995/96 financial year, the total number of claimant applications in the mediation phase of Tribunal processes increased significantly, and now represents the major component of the Tribunal’s workload.

600 552 applications 42 months 30 June 1997

500

455 applications 36 months 13 December 1996 400 367applications 30 months 30 June 1996

300

170 applications GRAPH 1 24 months 82 applications 31 December 1995 18 months 200 30 June 1995 This graph shows, at

half yearly intervals, the 45 applications total number of 12 months 31 December 1995 claimant applications 100 lodged with the 14 applications 6 months Tribunal as at 30 June 1994 30 June 1997. 0 31 Dec 95 31 Dec 95 13 Dec 96 30 June 94 30 June 95 30 June 96 30 June 97 30 June

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As further applications are lodged, and mediation progresses, it can be expected that results from mediation will emerge more frequently. Examples of mediated settlements during the reporting period occurred in locations as diverse as Broome, Crescent Head, and Byron Bay, and involved a range of outcomes, from local Aboriginal participation in local government, to the establishment of joint management arrangements for conservation reserves. The Tribunal has expanded its regional focus in response to the demand for mediation, particularly in Queensland, where the number of applications increased from 115 to 169 over the reporting period. Regional overviews for each of the administrative regions of the Tribunal commence at page 59.

Number of Number of Number of Application Type Applications Applications Applications TABLE 1 1995 1996 1997

This cumulative table Claimant 82 367 552 summarises the Non-claimant 61 96 126 Tribunal’s total workload in each of the Compensation 3 5 9 five types of Future Act Applications 1 170 178 applications that have Objection Applications 0 93 345 been lodged as at 30 June 1997. Total 147 731 1210

The High Court Wik decision of 23 December 1996 affected the workload of the Tribunal in that more applications now include tenure types such as perpetual leases in south west Western Australia and in Queensland, and other types of tenure as a matter of course, excluding only private freehold land. The Tribunal has sought to defuse community concerns about such applications by encouraging amendments to applications to explicitly recognise the rights of leaseholders. The future act workload of the Tribunal fluctuated significantly during the reporting period. The main focus for future act matters remains the State of Western Australia. At the commencement of the period 150 future act determination applications seeking authorisation of mining leases were on foot. By October 1996, all but a small number of these had been withdrawn by the Western Australian Government, as a consequence of the Federal Court decision in Walley v Western Australia and Others (1996) 137 ALR 561 regarding the requirement to negotiate in good faith. The Future Act Unit processed an increasing number of mediation requests under section 31(2) of the Act from the State of Western Australia. A total of 28 mediation requests were lodged during the reporting period. The Tribunal also mediated mining and infrastructure projects attracting the right to negotiate, such as Century Zinc in Queensland and the Eastern Gas Pipeline in and Victoria.

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Another element of future act workload which has risen substantially in the latter part of the reporting period is the number of objections lodged to the assertion of the expedited procedure for mining exploration proposals. Of the 252 objections lodged during the reporting period, over half were lodged on or after March 1997, and this trend is continuing.

LEGAL FRAMEWORK

The Tribunal is required to operate in an atmosphere of legal and political uncertainty. The novelty of native title in Australian jurisprudence means that many of the concepts with which the Tribunal deals are untested in the courts. The continuing shifts of political debate about native title have meant that the existing legislative framework cannot be expected to provide long-term stability for Tribunal procedures. The Tribunal has responded to The Tribunal has this uncertainty in several ways. The first has been to emphasise, sought to through community education and through mediation, the fact promote ways in that native title cannot displace validly granted rights. which parties Secondly, the Tribunal has sought to promote ways in which might make parties might make practical arrangements that govern their practical relationships irrespective of whether a determination of native title might ultimately be made. Even if litigation produces a arrangements result, the management of the parties’ relationship will not be that govern their worked out by the courts. Practical certainty can be achieved relationships only through agreements. The Tribunal participated in a working irrespective of group of industry and indigenous interests convened by the whether a Council for Aboriginal Reconciliation from July to September 1996 which put an agreed position to government seeking determination of statutory recognition of voluntary agreements about native title. native title might The Tribunal has also provided comments to Government on the ultimately be practical aspects of proposed amendments to the Native Title Act. made. Thirdly, the Tribunal has responded to various court decisions affecting its own procedural rules as the law is clarified. One Federal Court decision handed down during the reporting period was WMC v Lane, which held that the Tribunal had a mandatory statutory obligation to notify all persons having a registered proprietary interest in the area subject to an application. The Tribunal had taken the position that the provisions in respect of notification to specific interest holders under section 66(2) were only one of the ways in which notification of interest holders could be carried out. The effect of the decision was that Tribunal proceedings in which incomplete notification had occurred were potentially invalid. In the Mbantuarinya Arrernte application over Alice Springs, however, Justice Olney concluded that once the application had been referred to the Federal Court, incomplete notification could be rectified by appropriate orders. The decision has significant cost implications for the Tribunal in States and Territories in which the relevant government does not

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have ready access to comprehensive current tenture information. Simply identifying those interests which fall within the statutory definition requires consideration of whether the interest is The decision has proprietary in character, and whether it is registered in a register significant cost of interests. The Tribunal is required to take legal advice, which implications for may not provide a clear answer to the question of whether direct the Tribunal in notification is required. While the Tribunal does not seek to avoid its statutory obligations in this respect, it is worth noting that States and large quotes for providing basic tenure information have been Territories in received, often with considerable delay in providing it. There is which the additional expense in carrying out notification, and if the relevant Tribunal is unable to acquire the information within a reasonable period, this necessarily delays mediation, which can not government does commence until all parties are ascertained. In this respect, not have ready proposed amendments which give a discretion to the Registrar to access to not notify individuals where this would be unreasonable, and to comprehensive approach the Federal Court for directions on the manner of current tenure notification, are to be welcomed. information. ACCOUNTABILITY The Tribunal as an independent statutory authority reports directly to Parliament through the Attorney-General. Estimates of appropriations for running costs are scrutinised by the Senate Legal and Constitutional Legislation committee. The Tribunal is also subject to evaluation by the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund under section 206(d) of the Act. During the reporting period, the President and Registrar of the Tribunal appeared before the Committee in relation to two matters – the proposed amendments to the Act (in the form of the Native Title Amendment Bill 1996 before the Government The Tribunal’s response to the Wik decision), and with Mr Chris Sumner, in effectiveness relation to the 1995/96 Annual Report. The Committee noted that it would be appropriate to refer to the Tribunal’s relationship should be judged with the Committee in subsequent Annual Reports. in the light of its capacity to The Tribunal recognises the evaluative role played by the Committee under the Act, and has sought to provide the perform its Committee with comprehensive and up-to-date information statutory about the Tribunal’s work. The President has provided comment functions, and to the Committee Secretary on the question of the evaluation of not necessarily the effectiveness of the Tribunal. In doing so, he noted that the Tribunal’s effectiveness should be judged in the light of its on the number of capacity to perform its statutory functions, and not necessarily on agreed the number of agreed determinations of native title made. The determinations of reason for this position is that parties may choose to participate native title made. in mediation, or agree to a negotiated settlement, for a variety of reasons, many of which will not be influenced by the quality of the Tribunal’s mediation services, and will provide only incomplete guidance in evaluating the Tribunal’s performance.

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A

The Tribunal acknowledges that mediation appears to many people to be a secret process, as parties often wish their discussions to be kept private, and has sought to counter these perceptions by arranging for invitations to individuals to be present at and observe mediation meetings. This invitation was extended to the Secretary and Chairman of the Committee in March 1997 and in April 1997 the Secretary of the Committee observed a mediation plenary meeting in Ceduna with the consent of all parties. Attempts have been made to arrange attendance at other meetings for other Committee members but pressure of Committee business and unexpected alterations to Tribunal meeting schedules have delayed the attendance of other members.

During the reporting period, the Tribunal conducted two internal reviews of sections of its establishment. One was directed to rationalising the services provided by the Community Liaison, Geospatial, Media, Research and Client Services section into a more cohesive division. The aim of this review was to provide a multi-disciplinary focus to Tribunal research, and a more integrated and professional approach to delivery of Tribunal information. A full time Director of Research was appointed to lead the new division. There has been an immediate improvement in the quality and consistency of Tribunal publications, and the division has run several community awareness programs in regions of Western Australia and Queensland in conjunction with Case Managers from the relevant regions.

The Corporate Services Section of the Tribunal commenced an internal review in March 1997. The purpose of this review was to recommend structures for the section which would enable it to support the Tribunal’s mediation function most effectively, and to adopt work processes which would enable it to meet the challenges imposed by changes to public administration consequent on the Workplace Relations Act, and the present Financial Management and Accountability Bill. At the conclusion of the reporting period, some changes arising from process workshops had been adopted within the section, and a report on a recommended structure for the section was imminent.

ADMINISTRATIVE ISSUES

The Tribunal continued to develop its administration to provide the mediation services sought by parties and applicant groups. During the reporting period, Members were appointed to mediate applications on a regional basis to create efficient working relationships with major parties, and to make the most effective use of funds spent on travel to attend meetings in the regions.

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In August 1996, a regional office was established in Brisbane to provide mediation services to parties in Queensland. Originally established with a staff of 10, by June 1997, 23 staff positions had been established, although not all were filled, and further space was required to accommodate the office. The Tribunal will continue to expand the mediation support staff in Queensland, and is looking at the possibility of opening a regional office in to support mediation of the 65 Torres Strait applications, and 35 other applications in mediation in North Queensland. The Tribunal expanded its representation at the Goldfields Mediation Service by temporarily relocating the Goldfields Regional Co-ordinator from Perth to Kalgoorlie, upgraded the Adelaide office to a full regional office and moved to set up a regional office in . The Tribunal The expansion of services listed above would not have been expanded its possible without the benefit of additional funding through a New Policy Proposal approved by Government in May 1997. The New representation at Policy Proposal sought increases in funding to enable the the Goldfields Tribunal to deal efficiently with the large number of anticipated Mediation active mediations for 1997 (and projected to continue through to Service..., 1999); to enable the engagement of mediation consultants as upgraded the contemplated under the proposed amendments to the Act; and to Adelaide office..., deal with procedural changes arising from those amendments, particularly in communicating those procedural changes to and moved to set parties to mediation. Various other aspects such as the need to up a Regional apply the proposed registration test to most applications lodged office in with the Tribunal, and the need to modify information systems to Melbourne. cope with the procedural change, were also included. Most of the active applications around Australia will not be removed from mediation by the proposed amendments to the Act (the Brandy amendments) which provide for all native title applications to be lodged in the Federal Court. The Tribunal will use these funds to enhance the prospects for success of mediation where parties are prepared to negotiate. The funds have been allocated to regional teams to enhance case management staffing, and other support areas will receive necessary funds to support the mediation and determination functions on which the main pressure of the increase in workload will fall. A variety of projects have been developed, including establishing an Australia-wide register of mediation consultants; developing a comprehensive set of community education material in local government and other sectors such as the pastoral industry; and providing funds to regional teams to progress agreements by involvement of Case Managers full time on community consultation projects (such as in the Torres Strait) or in progressing agreements with different industry sectors (such as in relation to the aquaculture industry in Broome or the mining industry in the Goldfields).

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EDUCATION AND COMMUNITY PERCEPTION

The Tribunal is often obliged to undertake community education (as opposed to simply educating parties about the provisions of the Act and the Tribunal’s functions). In many communities there exists a high level of misunderstanding about the nature of native title and the effects of a native title application. It is a matter of continuing concern that there has not been any sustained attempt by any government to provide clear, concise and unambiguous community information about native title and its interaction with existing land tenure. Attempts by the Tribunal to provide relevant information are often met with assertions that it favours one or other of the interest groups that participate in mediation. The Tribunal welcomes proposed amendments that make plain the capacity to assist any party to mediation under section 78 of The Tribunal is the Act. It is important to note that the Tribunal already provides assistance to all parties by advising them on Tribunal procedure, often obliged to and exploring options for effective participation in mediation, undertake whether by suggesting ways in which their interests might be community effectively represented, or by taking concerns of parties into education (as account in planning mediation strategies for a region through consultation with all relevant bodies, such as Native Title opposed to simply Representative Bodies (representative bodies), local councils, educating parties industry associations, or other community groups. Feedback about the from these information sessions reveals a deep and largely unmet provisions of the need for clear and impartial information. It is a need the Tribunal Act and the can only partly meet. Tribunal’s The Tribunal has a statutory obligation to have regard to the functions). cultural and customary concerns of Indigenous people in carrying out its functions. This statutory obligation is expressed in the Tribunal corporate plan as a commitment to involve Indigenous people in the Tribunal’s mediation process and to ensure that within the Tribunal the knowledge and experience of Aboriginal staff is used to its fullest extent. It is an inescapable fact that the Tribunal is an organisation that must provide a means of building dialogue between Aboriginal people and Torres Strait Islanders, and non-. It can do this only if its structures and procedures recognise and are sensitive to the cultural and customary concerns of all groups who are engaged in negotiation about native title issues. It is my understanding that the explicit mandate in the Act to exhibit sensitivity to indigenous culture is a reflection of the fact that in many non-indigenous communities, Aboriginal or Torres Strait Islander culture is not well understood, often misunderstood, and communication between groups can often proceed only if the Tribunal can interpret between western and indigenous cultures. In seeking to achieve agreements between Aboriginal and non- Aboriginal interests, the Tribunal itself must reflect a model of the sort of cooperation that is possible with mutual respect for cultural differences.

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CONCLUSION AND ACKNOWLEDGMENTS

This is my final report as Registrar of the Tribunal. In the three years since my appointment, the Tribunal has grown from an organisation with a staff of 10, and an expenditure in the first six months of operation of only $796,521 to an organisation with an establishment of 177 staff, and a budget of $23.9M. There have been enormous changes to all aspects of the Tribunal’s operations. Regional offices have been established, workload has risen well beyond the expectations at the commencement of the Act, and the native title process has proved more difficult and politically charged than ever anticipated at the time the legislation was passed. Proposals to amend the legislation and alter procedural requirements come and go with alarming frequency. Mediation of native title claims has proved to be a very difficult, stressful and time-consuming task, and the making of arbitral determinations within tight time limits a very complex and resource-intensive exercise. In this context it is sometimes surprising that people continue to apply to work at the Tribunal. The staff are obliged to deal on a daily basis with the increasing workload, complex and difficult processes, and an ambiguous legislative and political framework. They are obliged to maintain composure in the face of provocation from both indigenous and non-indigenous parties, and to reflect the corporate impartiality and neutrality that is critical to the success of the Tribunal. I can only admire their continuing optimistic belief that reconciliation is not an illusory goal, and the commitment they have demonstrated in making small, but real, steps towards a proper settlement of native title issues. I thank all of them, past and present, for the support they have given. There are other people and organisations outside the Tribunal whose contributions to the Tribunal’s development should be acknowledged. I would like particularly to thank the staff of the Commonwealth Attorney-General’s Department for their assistance in administrative matters, and the Council for Aboriginal Reconciliation for its support for indigenous land use agreements as the preferred method of resolving native title issues. There are many and varied stakeholder bodies, such as the Australian Local Government Association and state and territory affiliates; the Australian Institute of Valuers and Land Economists and the Law Council of Australia, which have joined with the Tribunal in providing information to their members. There are other individuals, too numerous to mention, whose vision of a more united Australia leads them to contribute, in their own fields, to developing strong and continuing relationships of trust between indigenous and non-indigenous people.

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RESPONSIBILITIES

• Management of native title compensation applications Case • Assistance to Management applicants and other parties Merranie Strauss, Deputy Registrar Case • Mediation of Management Unit applications

• Mediation of future act applications • Assistance to Future Act parties Allan Padgett, Co-ordinator Future • Mediation of Act Unit applications

• Social and Land Use Research • Legal Research Research and • Library Services Information • Communications Tony McRae, and Mediation Director Research and Support Information Division • Media Liaison

• Human Resources and Policy • Finance and Corporate Property Services Lisa Baker, • Client Services Manager Corporate Services Section • Information Technology

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Increase community and stakeholder knowledge of GOAL ONE the Tribunal and its processes

The Tribunal regards information and communication as an important key to assisting all Australians to understand native title issues. The Tribunal continued to monitor and review its information and education assistance to industry and the broader community to improve the way in which native title issues are addressed. By increasing direct links into local communities, local industry and government agencies, the Tribunal responded to increased demand for information on native title from areas where the day- ALS to-day relationships between Indigenous and other Australians were affected by native title. The Tribunal’s community liaison and information programs held throughout the year revealed a high level of community misunderstanding and misinformation from other sources about native title, the Act and the Tribunal’s role. GO Particular effort was made in this reporting period to develop a partnership with local government – often the first point of contact for communities seeking information about native title. Regional teams and communications staff delivered workshops,

E presentations and information packs to local government audiences. A key theme of the Tribunal’s community liaison efforts in this

T reporting period was to educate participants in the native title process, as well as the general public, about the common law basis of native title and the process for administering applications under the Act. The Tribunal provided community information throughout the reporting year including: • presentations to and information workshops with schools, universities, local government authorities, industry groups, community and professional organisations generally; • seminars on native title at the 1996 Goldfields Mining Expo; • an information booth at the Australian Reconciliation Convention; • information booths, seminar and lecture series at the Kalgoorlie Diggers and Dealers’ Conference; and • an information booth at the Barunga Sport and Cultural Festival and at the Laura Dance and Cultural Festival.

WEB SITE

The Tribunal extended its internet site in February. A total of 5,700 people accessed the site at an average of 285 external

CORPORA electronic contacts a week.

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The Tribunal’s homepage has been improved by the launch of an interactive database of practical native title clauses and agreements. The database also contains information about determinations, agreements, media releases, publications, questions and answers, guidelines and procedures.

MEDIA

In March 1997, the Tribunal commenced production of Native Title News, a 10 minute radio news and current affairs program run fortnightly by the National Indigenous Radio Service on relay to remote broadcasters across the country. The program is also sent on tape to a list of more than 130 media and other outlets via the Aboriginal and Torres Strait Islander Commission Aboriginal Program Exchange.

Tribunal staff member Narelda Jacobs recording the radio program Native Title News.

The Tribunal increased its contact with local and regional media outlets and co-ordinated responses to media inquiries and requests for media briefings. More than 5,000 media inquiries were received during the reporting period. The Tribunal responded to inaccurate reporting and corrected misinformation. There were 55 media releases about the Tribunal’s administration and 33 letters to editors responding to inaccurate reporting.

The Tribunal reached rural and remote communities through articles placed in regional newspapers and interviews on regional radio about case specific issues and native title in general.

The Tribunal’s monthly newsletter, ‘Native Title Update,’ is circulated to all native title stakeholder groups. A monthly edition of Queensland Native Title News is published and disseminated by the Queensland Registry.

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INDIGENOUS GROUPS

The Tribunal has established good working relationships with Indigenous peoples, and particularly representative bodies. The following are examples of the Tribunal’s continuing interaction with Indigenous groups: • Joint planning exercises with representative bodies in Western Australia, and Queensland; • Education and training sessions with representative bodies; • Presentation to the West Kimberley Commission of Elders; • Regular meetings with local and regional Indigenous organisations; • Information workshops in the Torres Strait and Perth; and • Working with the indigenous participants on the Goldfields Mediation Council.

Craig Jones (centre), Case Manager, staffing the information booth at the Laura Aboriginal Dance and Cultural Festival June 1997. Photo: Nareda Jacobs.

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LOCAL GOVERNMENT In December 1996 the Tribunal initiated a partnership with local In December government to deliver a national information program at local 1996 the Tribunal and regional levels. The program includes: initiated a • an information booklet. The Tribunal and the Western partnership with Australian Municipal Association developed the publication local government Working with Native Title, assisted by the Australian Local to deliver a Government Association and the Council for Aboriginal Reconciliation. The booklet was launched in June 1997 at national Parliament House, Canberra; information • a national information kit. The kit was developed with the program at local Australian Local Government Association and the Royal and regional Australian Planning Institute; and levels. • seminars and workshops on native title. These were delivered at national, State and Territory, regional and local levels. Pilots of the information workshops were conducted in the South West and regions of Western Australia, and in north east and south east New South Wales.

RUBIBI WORKING GROUP AND SHIRE OF BROOME: A CASE STUDY The Tribunal is assisting the Shire of Broome and the Rubibi Working Group, a collective indigenous representative group, to develop a case study of their agreement on local governance. The agreement has become a model for local government and Indigenous people, and has the potential to be replicated in other parts of Australia. Mediation conducted by the Tribunal with the Shire of Broome The Tribunal and the Rubibi Working Group led to the development of the agreement that involves participation of Indigenous people in conducted a town planning, heritage protection, conservation and series of meetings environmental rehabilitation and other local issues. with pastoralists in regional areas PASTORALISTS AND GRAZIERS to provide The Tribunal conducted a series of meetings with pastoralists in information regional areas to provide information about native title and to about native title gain an insight into pastoral lessees’ interests and concerns. and to gain an Meetings were conducted against a backdrop of intense political insight into and media interest in the consequences of the Wik decision. pastoral lessees’ Examples of this liaison included meetings and briefings in interests and Queensland’s South West region and North West Minerals Province, and the Murchison and Gascoyne regions of Western Australia. concerns. The President and Registrar of the Tribunal provided a full afternoon’s briefing to the Executive of the Pastoralists’ and Graziers’ Association of Western Australia.

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RESEARCH

The Tribunal maintained a Legal Research Unit, a Social and Land Use Research Unit and a national Library network providing advice and research services to staff and Members. The broader community has access to substantial amounts of this material through the Tribunal’s internet homepage.

The Australian Institute of Aboriginal and Torres Strait Islander Studies and Melbourne University collaborated with Tribunal research staff on projects relating to marine native title and minerals.

An Australian Research Council supported project, Governance Structures for Indigenous Australians, was commenced with The Tribunal Murdoch University and the University of New South Wales. Research staff took part in another project with Murdoch supported a University, A Socio-legal History of the Land Rights Movement in national research Australia. The first stage of a three-year research project into project community understanding of native title was completed, including co-ordinated by a review of public understanding and debates on the land rights the Australian and native title over the past 20 years. Institute of The Tribunal supported a national research project co-ordinated Aboriginal and by the Australian Institute of Aboriginal and Torres Strait Islander Torres Strait Studies to investigate models and procedures for regional native Islander Studies title agreements. to investigate The project involved eight researchers from throughout Australia, models and including one from the Tribunal, examining how agreements are procedures for reached and the issues involved in reaching them. The results of regional native the study will be published during the next reporting period. title agreements. During the year the Principal Registry library collected materials relating to native title experiences in Canada, the United States, New Zealand and Northern Scandinavia, including the Canadian Royal Commission into Aboriginal Peoples containing the full report of the Royal Commission and substantial background material.

The library expanded its collections relevant to native title and land rights, including indigenous affairs and history, Australiana, economic policy, heritage, culture, the environment and resource management. The library monitors developments in legislature, jurisprudence, government, industry and the community.

The library maintained close links with libraries in the Aboriginal and Torres Strait Islander Commission and the Australian Institute for Aboriginal and Torres Strait Islander Studies in Canberra, and the Aboriginal Affairs Department in Perth.

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PUBLICATIONS

The Tribunal published The Next Step: Facilitating Negotiated Agreements, continuing the practice of collating the major papers and research findings of Tribunal staff and Members. The Communications and Mediation Support branch was given responsibility for the development of nationally consistent public information materials prepared, when appropriate, in partnership with industry or community organisations. Community information publications were expanded and revised to cover previously unexplored topics. These included a revised Questions and Answers booklet, which was expanded to include new sections on the origin of common law, a revised introduction on the concept of native title, compulsory acquisition, future act and compensation procedures. The Tribunal developed GEOSPATIAL INFORMATION SERVICES specifications for the production of The Tribunal continued to work closely with State and Territory governments to acquire accurate information on native title regional and applications. State and Territory Governments are the custodians local maps for of information on tenure and interests associated with land and use in the waters. There is no consistent national approach for the retrieval notification and and costing of this information. mediation The Tribunal developed specifications for the production of processes to regional and local maps for use in the notification and mediation communicate the processes to communicate the location of particular interests in location of application areas. particular The Tribunal is a member of the Commonwealth Spatial Data interests in Committee and works to establish nationally consistent application areas. geospatial information.

AGREEMENTS DATABASE

An interactive agreements database was developed to assist staff and members of the public settle native title issues through the making of agreements. The agreements database is available on the Tribunal’s World Wide Web site and can be printed, modified, or have clauses inserted or deleted. Through the use of templates from the database, agreements have been written within 24 hours. A mining tenement manager in Western Australia, involved in negotiations with native title parties, used the template to frame an agreement which was signed by all parties. The tenement manager acknowledged this assistance and the fact that it had led to an early and amicable settlement.

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Promote effective participation by parties involved GOAL TWO in native title applications

The Tribunal’s experience is that parties are more likely to participate effectively in mediation when they are better informed about native title, the rights and interests being asserted by the applicants and options for resolution of applications. During the reporting period the following Tribunal activities enhanced the participation of parties by: • providing assistance to applicants; • providing assistance to other persons – individuals and peak industry representatives; • holding National and State Liaison Committee meetings; • holding a States’ Workshop; • amending notification processes; • holding mediation meetings; • regionalising Tribunal services; and • encouraging stakeholder involvement in regional strategic planning.

FIGURE 1

This flowchart shows Acceptance the steps that lead from lodgement of a claimant application to a determination of native title. Lodgement Registration Referral to Notification Mediaton (Register of Native Federal Court Title Claims) National Native Title Tribunal

Appeal on Determination Party Status Federal Court

ASSISTANCE TO APPLICANTS Regionally based Case Managers provide assistance to applicants. Assistance to applicants may be provided up to the time of acceptance of an application in the form of travel and associated meeting costs to discuss lodgement of an application, the provision of high quality maps and for tenure searches.

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Assistance to applicants provided either before lodgement or between lodgement and the time of acceptance of an application contributed to effective participation of applicants by: • ensuring applicants are certain of the area to be to claimed; • providing a quality map for distribution to other parties and potential parties; • increasing the applicants’ knowledge of the Tribunal’s processes before proceeding into mediation; • giving the claimant group an opportunity to discuss issues amongst themselves and develop a degree of community understanding of what the application is about and how the community might benefit; • ensuring applicants are aware of potential interest holders through tenure searches; and • ensuring applicants consider the implications of overlapping applications.

ASSISTANCE TO OTHERS The Tribunal’s policy and general approach is to assist all people who may be affected by the native title process. Assistance is provided to people other than applicants by convening and speaking at meetings, presenting seminars and workshops, and providing written information. On occasions, the Tribunal has met travel costs to enable an officer of a peak body to attend meetings and to facilitate discussions between applicants and interested parties.

NATIONAL AND STATE LIAISON COMMITTEE MEETINGS The Tribunal liaises and consults with a wide range of peak industry representatives through its national and state liaison committee meetings at which national and regional native title issues are discussed. Further information regarding Liaison Committee meetings is on page 95. The concerns of interested parties are often addressed through direct liasion between the Tribunal and peak organisations. National and State Liaison Committees provide forums for managing procedural and representational issues and enhancing the mediation process.

WORKSHOP WITH STATE REPRESENTATIVES A national workshop was convened by the Tribunal in Canberra in April with senior officials from the Commonwealth, all State Governments, Tribunal Members and Regional Co-ordinators to discuss options for the resolution of native title claims and indigenous land use agreements. The workshop provided a

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forum for the exchange of ideas and information about how State and Territory Governments were approaching mediation of native title, including discussion of criteria applied by governments in deciding whether to recognise native title. A protocol on indigenous access to pastoral leases was also discussed. Small group workshops gave participants practice in identifying issues and options for resolution, promoting increased knowledge of issues, awareness of options and more effective lines of communication between the Tribunal and governments. Some governments indicated their willingness to participate in discussions about recognition of native title, subject to specific criteria being met. These criteria include an outline of the evidence by which the native title applicants show a continuing connection to the claim area. Governments have their own The Tribunal has reasons for deciding their level of participation in mediation endeavoured to conferences. The Tribunal has endeavoured to build working build working relationships with governments and to foster communication between governments and indigenous and non-indigenous relationships parties. These relationships contribute to a heightened level of with governments discussion and negotiation between the parties. and to foster communication NOTIFICATION between The Tribunal promotes effective participation by parties through governments and its notification processes by directly notifying as many interest indigenous and holders as possible, providing them with written information as non-indigenous well as information over the telephone and at meetings. Potential parties. parties who may have interests in common with others are encouraged to use a common representative and are also informed of the possibility of obtaining Commonwealth Government legal assistance. In March 1997 the Federal Court of Australia decided in WMC v Lane that the Tribunal must individually notify all people who hold a registered proprietary interest in an area covered by an application. Prior to this decision the Tribunal notified as many registered proprietary interest holders as possible, depending upon the number of interest holders and the cost of obtaining current tenure and interest holders’ contact details. Giving individual notice to interest holders by letter is a resource-intensive process as there maybe hundreds, and in some cases thousands, of interest holders.

MEDIATION

The effectiveness and ultimate success of mediation relies on the active participation of parties involved. The Tribunal structures mediations to maximise parties’ opportunities to engage in constructive negotiations with each other. The Act requires the

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Tribunal to carry out its functions in a fair, just, economical, informal and prompt way. Before plenary mediation conferences, the Tribunal meets informally with individual parties to explain the process and to listen to parties’ concerns and aspirations for the process. These informal meetings often assist to allay parties’ fears or misconceptions about native title, enabling them to participate in mediation from a position of knowledge and understanding of the process. Plenary mediation conferences are held in informal settings at locations convenient to the parties, often outdoors, within or near claim areas, taking into account the cultural and customary concerns of Aboriginal peoples and Torres Strait Islanders. Applicants are encouraged to make oral presentations at these The Tribunal conferences, not as evidence, but to tell other parties about works to connection to their traditional country. Teleconferences involving establish several parties are held if all parties agree. Maps and other relationships of documents, such as information about Tribunal processes, options papers and flow charts are distributed to assist in trust, so that identifying parties’ interests and role in mediation. parties are able to discuss their The Tribunal works to establish relationships of trust, so that interests openly parties are able to discuss their interests openly and in confidence with the mediator. The Tribunal’s mediations allow for private and in discussions, consultation and decision-making to occur in ways confidence with and at a pace set by the claimants and other parties. the mediator. REGIONALISATION OF TRIBUNAL SERVICES

Regionalisation promotes effective participation by ensuring the Tribunal is more accessible. The Tribunal established separate regions for the and South Australia. A Queensland registry was opened in Brisbane in October, and the Goldfields Mediation Service was established in Kalgoorlie.

STAKEHOLDER INVOLVEMENT IN REGIONAL STRATEGIC PLANNING

Various regions conducted strategic planning with key stakeholders such as State governments, representative bodies, peak industry bodies for miners, pastoralists and fishers and local government associations. Regional teams produced strategic plans which took account of stakeholder and interest group issues and strategies. Involving stakeholders in strategic planning enables more efficient allocation of resources and discussion about issues common to all parties such as overlapping claims, time and resources to be devoted to mediations, consequences of

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referral to the Federal Court (for example, the costs of litigation) and other issues particular to the region such as the availability of interest holder information. For example, the North Western Australian region held a joint strategic planning meeting with the State of Western Australia and the to examine all native title applications lodged in the Kimberley region and to consider mediation strategies and options for successful resolution. General issues of regional importance were also discussed, such as assistance to applicants and community education programs. Constructive discussions were held in a less formal environment than a statutory mediation conference.

Party participation: Claimants, a Western Australian Government representative and Tribunal Member Fred Chaney (far right) help free a light aircraft bogged on a landing strip at Ilkurlka, in WA’s .

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Promote practical and innovative resolution of GOAL THREE native title applications

Mediating native title applications is the Tribunal’s primary function. The Tribunal aims to simplify mediation and make it more effective by using a range of practical measures to address indigenous, industry and government concerns. After an application is accepted, registered proprietary interest holders within the claim area are identified and notified. They are given two months in which to register as parties to individual applications. The mediation process then commences. A Tribunal mediation team consists of a Member and Case Manager. Mediation is a way of resolving competing interests through negotiation. If mediation does not produce an agreement within a reasonable timeframe, the Tribunal refers the matter to the Federal Court for determination. At 30 June 1997, there were 265 claimant applications in mediation compared with 132 in the previous reporting year, and 16 during 1994/95.

Region Number of Number of TABLE 2 Claimant Parties Applications Claimant applications in Mediation in mediation phase at 30 June 1997. North WA 45 457 This table shows the Pilbara 32 446 total number of South West WA 44 3,015 claimant applications in Goldfields 39 3,475 which mediation has commenced and the South Australia 11 854 total number of parties Northern Territory 9 37 participating. South East Australia 43 406 Queensland 42 928

Total 265 9,618

Issues arising in mediation include: • the resolution of intra-indigenous issues; • overlapping applications; • the number of parties to applications; • representation of parties in mediation; • costs of participation; • social and historical experiences;

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• environmental, cultural and heritage protection; • cultural differences; • power imbalances; • defining application areas; and • legal issues. The resolution of some of these issues is illustrated in the following examples flowing from the various stages of mediation.

APPROACHES TO INTRA-INDIGENOUS ISSUES

The Tribunal and representative bodies developed a wide range of approaches to resolve intra-indigenous issues. Fundamental to this has been the recognition that these differences are not solely The Tribunal and the product of the native title process, but are symptomatic of a representative history of dispossession and relocation of Aboriginal people and bodies developed Torres Strait Islanders from their traditional country. a wide range of Intra-indigenous issues in native title claims include: approaches to • overlapping boundaries representing areas of shared country; resolve intra- indigenous • different responsibilities for country in an area of competing issues. claims; • groups with historical and traditional connection to the same country; and • family or other group conflicts.

Shared rights to the country: Worrora agreement, Kimberley, Western Australia Claims lodged by the and Worrora Peoples of the Kimberley region included areas of substantial overlap. When two claim areas overlap, there is often a widespread assumption that the area must ‘belong’ to one group. This assumption is not always correct. In this case, the overlapping claims represented traditional patterns of co-existence between the two groups. Both claimant groups had legitimate but different rights in the same country. Rather than alter the claim boundaries, each group agreed to amend its claim to acknowledge the other group’s rights and responsibilities in the area. This agreement was reached at a mediation meeting conducted by the Tribunal in March 1997.

Historical and traditional connection: Queensland Two Deed of Grant in Trust communities in Queensland have connections with the same land. One community consists of traditional owners and the other community consists of people

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whose affiliation to the area was historical, having come from another area. Both groups were claiming rights and interests in the land. Private meetings between the Tribunal and each community were held to begin the mediation process. The Tribunal then convened a joint meeting to identify issues for discussion, followed by a shared meal to enable both groups to talk informally. With the major issues identified, the Tribunal prepared a draft agreement setting out the objectives of each community and a mutual recognition of each other’s rights and interests. Statements of mutual recognition and the way to proceed with mediation were read out and explained to the meeting. Each community agreed to take away the draft agreement, seek legal advice and consider it at a further meeting, during which they would conclude their agreement.

Indigenous working group: Far West Coast, South Australia The Tribunal held meetings to resolve three overlapping applications on the Far West Coast of South Australia. The representative body, the Aboriginal Legal Rights Movement, organised a community meeting that was held in June over several days at Peetna, at the head of the Great Australian Bight. The Tribunal and the Council co-chaired the meeting. It was attended by the three west coast claimant groups and representatives of Aboriginal groups who had not lodged applications but had an interest in the areas. The Tribunal and the representative body proposed the development of a common structure to represent Aboriginal communities from the region covered by the various claims. A second proposal, that all groups agree to the funding of a joint anthropological study to investigate the traditional connections of all the claimant groups in the region, was also put forward and agreed upon. Further discussions led to a draft framework agreement to establish a working group which would consist of representatives of the claimant groups and other indigenous groups with attachment to the country. In September 1996 the Far West Coast Native Title Working Group was established. The Working Group is to be a central contact for native title applicants and to facilitate negotiations between applicants and interest holders. The first mediation conference for the three overlapping applications was held in April. By agreement, the plenary conferences for the , Tjarutja and Yalata applications were held together, showing the parties’ willingness to work together and providing the basis for further successful outcomes.

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WORKING WITH REPRESENTATIVE BODIES

The Tribunal developed co-operative working relationships with representative bodies around the country. Some were long established land councils, some based in legal services, and others were newly created. The bodies have statutory functions which include the resolution of disputes among indigenous groups in relation to native title.

A South Australian case study in developing approaches to intra-indigenous issues The Tribunal supported the Aboriginal Legal Rights Movement in the mediation of intra-indigenous issues by chairing or jointly chairing meetings and providing information about the Tribunal’s processes and native title. Some of the Aboriginal Legal Rights Movement initiatives supported by the Tribunal included:

Community education Community education was conducted with Aboriginal communities throughout the State about native title processes, the role of the Tribunal and the role of the representative body.

Aboriginal community meetings Community meetings were held with indigenous groups which were about to lodge or which had lodged native title applications. Outcomes included: • agreements to amend the boundaries of applications; • mutual recognition by groups where there were overlapping applications; • an airing of grievances, critical to resolving intra-indigenous issues; • increasing awareness and acceptance of community consultation and participation in the native title process; • a greater understanding of the basis of native title; and • a better understanding of the respective roles of the Tribunal and the representative body.

Working groups The Aboriginal Legal Rights Movement established two indigenous working groups. Tribunal evaluation showed that the working group structure was welcomed by the South Australian Government, the Chamber of Mines and the South Australian Farmers’ Federation because it provided a single focus for their contact with indigenous interests.

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B

Bilateral Dispute Resolution The Aboriginal Legal Rights Movement has a policy of mediating disputes between conflicting claimant groups. It has indicated that it is likely to continue to request the Tribunal’s assistance in mediating these matters.

WORKING GROUPS

The Tribunal assisted in the establishment of various indigenous working groups in partnership with representative bodies. These groups consists of representatives of overlapping claimant groups and other indigenous parties. They have been instrumental in providing a single voice to represent indigenous interests in negotiations. A major benefit of the working group model is that A major benefit indigenous groups are able to work together to address of the working overlapping claims and representation. Examples are listed below. group model is that indigenous South West Western Australia groups are able The south west corner of Western Australia is the traditional to work together country of the People. During the year 22 applications to address were lodged with the Tribunal, many of which overlapped. overlapping Working groups were formed to identify families which should be claims and recognised in native title applications and could become the representation. vehicle through which united native title applications are made. The Tribunal assisted with the formation of six working groups and mediated the inclusion of particular families. It also facilitated discussions between the Western Australian Government and the representative bodies – the Noongar Land Council and the Aboriginal Legal Service.

North Eastern Goldfields of Western Australia There are more overlapping claims in the Goldfields than in any other part of Australia. This is caused by, among other things, the relocation and fragmentation of Aboriginal communities in the first part of this century and the relatively high number of families who moved around within the region but retained connection to their traditional lands. Additional pressure arises when communities seek to reach agreements with mining companies and only registered claimants can access benefits. In co-operation with the representative body, the Goldfields Land Council, the Tribunal assisted 23 claimant groups to reach an agreement in the North Eastern Goldfields to lodge a single claim representing all indigenous interests. Claimants formed a corporate entity, the North East Independent Body, to represent

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their common interests in mediation. Despite the formation of the Working Group, which is assisting negotiations with mining companies, claimants have yet to decide how they will establish native title.

Rubibi Working Group: Broome, Western Australia The first claim in Western Australia was lodged in 1994 in Broome by the People. This was followed by a partially overlapping claim by the Goolarabooloo People and indications of additional overlapping claims from the Djugun and Peoples. The Rubibi Working Group, consisting of all these clan groups, was formed as an umbrella organisation. The Working Group provides a single voice for consultation on issues in the Broome Mediation is area, liaising with the Shire, industry, State Government and more effective other non-indigenous groups. The Working Group has become the negotiating agent for most Broome Aboriginal people in when there are dealing with non-indigenous interests. The Tribunal assisted in fewer parties, the inclusion in the group of specific families who had been when multiple reluctant to participate. A mediation consultant, well known to interests are the Aboriginal people of Broome, was engaged for this purpose. represented as a Since the establishment of the Working Group, all but one of the group and when native title claims in the Broome area have been lodged as the number of collective claims. tenures included DEFINING INTERESTS in the application area is reduced. Mediation is more effective when there are fewer parties, when multiple interests are represented as a group and when the number of tenures included in the application area is reduced.

Agreements by parties to withdraw To reduce the number of parties in mediations, the Tribunal encourages parties to withdraw from the process, provided their existing interests are represented and/or preserved. Having determined that their existing interests are protected, parties may be content for the State and the applicants to negotiate or litigate the existence of native title. Before the Tribunal refers an application to the Federal Court for determination, an attempt is made in mediation to negotiate the withdrawal of as many parties as possible to reduce litigation delays and costs for all parties. For example, the primary concern of mining companies is the security of their tenements. Once agreement is reached with claimants that the security of existing tenements is not under challenge, there may no longer be a need for continued participation in mediation, and the mining company can withdraw as a party.

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Common representation

The Tribunal facilitates common representation of individual parties, such as fishers, pastoralists and apiarists, with shared interests.

The tenure searches of the ’s application in South West Queensland revealed the existence of 3,000 leases within the claim area. Each lessee was entitled to become a party to the application.

To avoid an unworkable mediation process, the Tribunal negotiated with the three peak industry bodies – the United Graziers’ Association, the Cattlemen’s Union and the Queensland Graingrowers’ Association – to represent their constituents’ interests. A single representative of these organisations The Tribunal represented 380 parties. works with claimants to Prior to referral to the Federal Court of thc Croker Island application in the Northern Territory, a large number of consider the individual fishing parties elected common representation by the extent of the land Northern Territory Fishing Industry Council. Following referral, and waters being the Tribunal met the Fishing Industry Council and the Northern claimed. Land Council to discuss options for limiting the involvement of Particular tenures fisheries interests in the litigation process. These arrangements must be clearly reduced the costs and time demands on all parties to the litigation. identified to establish the scope of Defining claims applications, The Tribunal works with claimants to consider the extent of the thereby land and waters being claimed. Particular tenures must be clearly minimising identified to establish the scope of applications, thereby community minimising community uncertainty. uncertainty. A claimant application was lodged over parts of the Swan River in Perth by the Swan Valley Nyungah community in November 1994. The Tribunal worked with the applicants to identify tenures to be excluded from the application, thus reducing the number of potential parties in mediation.

Applications can also be amended after lodgement to clarify the area, and rights and interests being claimed. For example, following the High Court’s decision in the Wik case, applications over extensive tracts of pastoral lease in South West Queensland generated a high degree of misunderstanding and anxiety in the farming community. Most of the applications asserted native title rights and interests that amounted to exclusive possession. The assertion of exclusive possession was seen by the pastoral lessees to be a threat to their livelihoods.

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The Tribunal worked with the claimant groups to explain the unforeseen consequences of the way in which the applications had been framed. Applicants agreed to amend their applications to clarify that their claim for ‘exclusive’ possession was subject to all valid rights and interests granted by the Crown.

NEGOTIATING AGREEMENTS

Framework Agreements

A framework agreement sets out the parameters of the substantive negotiation process, including a timetable, the composition of the parties’ negotiating teams and arrangements for legal representation. Framework agreements have been drafted in a number of applications around Australia.

For example, in the and Kaanju Umpila claims in Queensland, a framework agreement was drafted with the Tribunal’s assistance, setting out the key principles for mediation, including the criteria the State of Queensland applies in considering any recognition of native title, as well as a way to address confidentiality issues. A timetable sets out the steps to be taken by parties and a timeframe for each step. This framework agreement has been used as a model for other applications in Queensland. Several other framework agreements have been drafted in Western Australia.

Partial agreements

At mediation meetings for the Mirning, and Yalata applications in South Australia, exploration agreements were reached between a number of claimants and mining companies. The agreements established a regime for exploration activity and access to the land by claimants.

In Broome, the Rubibi Working Group reached partial agreements with:

• the Shire of Broome to develop joint management arrangements over significant coastal reserves, including the southern end of Cable Beach;

• the State of Western Australia and the Department of Fisheries, to establish a joint venture aquaculture farm. The Rubibi Aboriginal Land, Heritage and Development Corporation has a 49 per cent interest and is involved in the management of the project;

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• Paspaley Pearls, for the development of a shopping centre on Vacant Crown Land. This agreement involved the relinquishment of native title over a small parcel of land and payment of compensation to the Rubibi Charitable Trust for the benefit of the Broome Aboriginal Community.

REGIONAL AGREEMENTS

The

Land around Byron Bay, in New South Wales, was the subject of a native title claimant application lodged in 1994. In April this year an agreement was signed between the Arakwal people, the New South Wales State Government, the New South Wales Aboriginal Land Council and the Tweed Byron Local Aboriginal Land Council. It permits the State Government to declare a recreation reserve over part of the claim area and allows participation by the Arakwal people in its management.

The agreement is ‘without prejudice’ as to whether native title exists. If native title is determined in the Federal Court, the agreement will be binding. If native title is not determined, the agreement will have the force of a contract between the parties.

Tribunal Member Kim Wilson (rear, 2nd left) witnesses the signing of the agreement between the Arakwal People, the New South Wales Government, the New South Wales Aboriginal Land Council and the

Tweed Byron Local . Aboriginal Land Council. Annabel Moeller Photo:

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The agreement sets the groundwork for a cultural and environmental interpretation centre to be built. Some organisations have already expressed an interest in participating in the interpretative centre, including the New South Wales National Parks and Wildlife Service, the Byron Bay Headland Trust, the Arakwal People and the Byron Environment Centre. The purpose of the centre would be to provide to information to tourists and local residents about the historical, cultural and environmental aspects of the area.

The Tribunal visited the local community to provide information about the Act. Local and regional media were kept informed of progress in negotiations. In the early stages of mediation, the Tribunal was aware of pressing land and water management issues, and gathered general information about those issues for use in mediation.

Pearling, fishing and aquaculture: Kimberley, Western Australia The pearling, aquaculture and fishing industries agreed to pursue a regional solution with Aboriginal people in relation to offshore waters of the Kimberley coast. The Tribunal has facilitated discussions between Aboriginal groups and industry to pave the way for a regional agreement.

In June, a meeting between representatives from the native title claimants, Western Australian Fishing Industry Council, the Pearl Producers’ Association, the State of Western Australia, the Kimberley Land Council and pearling companies agreed to develop a Memorandum of Understanding.

The Memorandum of Understanding will cover the recognition and protection of traditional Aboriginal use of waters, the recognition and protection of non-indigenous use of waters, and the involvement of Aboriginal people in the commercial use of marine and estuarine resources.

The Tribunal has offered to provide a secretariat to the project and to assist the Kimberley Land Council consult with coastal Aboriginal people. The State Government has also offered to assist in the consultation process.

Balanggarra applications: East Kimberley, Western Australia The Balanggarra applications were lodged over land and waters between the King Edward River and the Cambridge Gulf; including land in and around the Forrest River Aboriginal Reserve, on behalf of the Gwini, Walmbi and Wunnubal Peoples.

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The State of Western Australia agreed to participate in mediation because of its recognition of the claimants’ continuing connection to the application areas. It was proposed that a non- native title statutory agreement be negotiated to grant special freehold tenure to the claimants. In addition, future arrangements for exploration, mining, tourism access and development, public access and use, conservation of flora and fauna, pastoral and agricultural activities, and fire management were to be negotiated.

At the end of the reporting period, the Tribunal was assisting the State of Western Australia and the Kimberley Land Council to negotiate the final terms of the Framework Agreement.

NATIVE TITLE DETERMINATIONS

Dunghutti: Crescent Head, New South Wales The first determination of native title on mainland Australia occurred at Crescent Head on the mid-north coast of New South Wales, on 7 April 1997.

The Federal Court determined that the Dunghutti people held native title to the land. Under the terms of an agreement negotiated between the Dunghutti people and the State of New South Wales, the native title was surrendered to the State later on the same day.

In 1993, the Kempsey Council needed more residential land to cater for a rapidly increasing population. The New South Wales Government, in conjunction with the Kempsey Council, subdivided existing Crown land and earmarked another area on the edge of the existing Crescent Head residential area for future residential development. Following the proclamation of the Act, the New South Wales Government suspended sales on the subdivision on the basis that native title rights may be affected.

On l July 1994, the New South Wales Government lodged a non- claimant application to clarify the existence of native title, triggering a two-month notification period during which an application for determination of native title can be made. The Government would have been able to sell the land if no native title application was lodged. However, the Dunghutti people lodged an application which was accepted by the Tribunal.

The Tribunal held preliminary mediation meetings and information sessions in the community to explain mediation and provide information. The State Government issued a notice

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saying it intended to compulsorily acquire land within an area subject to the native title application. This indicated that the Government wanted to proceed with the development even if native title existed. In May 1995, Tribunal mediators attended the plenary mediation where all parties spoke of their connection to the area and of the interests that they wished to pursue or have protected.

Evidence of the Dunghutti People’s continuing connection with the land was provided in a report to the State Government by an anthropologist who provided information about the Dunghutti People’s language, history and genealogy.

The Tribunal was asked to assist in negotiations in relation to the proposed compulsory acquisition. After detailed negotiations, the Dunghutti People acceded to the State’s compulsory acquisition of native title rights and interests in the land. The State Government agreed that the claimants continued to hold native title rights and were owed compensation for the area which had been subdivided and sold before 1994. The State also agreed to pay monetary compensation for the extinguishment of all continuing native title rights and interests in the claim area.

The agreement was signed in October 1996 by the State Government, the Dunghutti People and the New South Wales Aboriginal Land Council, as the representative body.

Mary-Lou Buck, on behalf of the Dunghutti People and Kim Yeadon MP, on behalf of the State of New South Wales, signing the agreement.

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Draft consent determination: Torres Strait, Queensland A draft determination of native title has been prepared for consideration by the parties to a Torres Strait native title application. If agreed, it will be referred to the Federal Court for a consent determination.

The draft determination recognises the existence of native title, and confers rights of possession, use and occupation over an area to the claimants, subject to all valid State and Commonwealth laws. Areas where native title may have been extinguished as a result of State laws or public works have been identified and excluded from the draft determination. Australia’s international treaty obligations to the traditional rights of indigenous Papua New Guineans are identified in the draft determination.

An ancillary agreement to the draft determination provides for future acts, such as the maintenance of existing infrastructure and public works, to be carried out subject to the determination of native title.

The draft determination incorporates a regime for management of the lands and waters of the application in a way that accommodates the rights and interests of the Government and the claimants.

REFERRAL TO FEDERAL COURT

The Tribunal encourages parties to use its mediation processes to the fullest extent before considering referral of an application to the Federal Court for determination. When it is apparent that mediation will not succeed, the Tribunal must refer the application to the Federal Court. In the reporting period the Tribunal referred nine applications to the Court.

De Rose Hill: South Australia The Yankunyjatjara People lodged a native title application in 1994 over De Rose Hill Station, a pastoral lease in the far north of South Australia. The application was lodged by the representative body as a test case for pastoral leases in South Australia, which have broad reservations allowing Aboriginal people access for traditional purposes.

It became clear in mediation that a negotiated outcome was unlikely because of the level of conflict between the principal parties. The application was referred to the Federal Court for determination in October 1996. Two directions hearings took place. The hearing of evidence is expected to start in early 1998.

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Wiljen: southern Western Australia Land and sea from Albany to Israelite Bay is the subject of a native title application lodged by the Wiljen family group. Mediation did not resolve disputes between the claimants and relatives who claimed native title rights to the same country. The Wiljen application was referred to the Federal Court in March 1997 and has been followed by two directions hearings. There has been a reduction in the number of parties because of the excision of the majority of Crown leases from the application and a preparedness on the part of the indigenous parties to co-operate in order to progress the action in the Court.

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Achieve recognition as an organisation that is committed GOAL FOUR to addressing the cultural and customary concerns of Aboriginal and Torres Strait Islander people

The mediation role of the Tribunal requires fair treatment to, and equal respect of, all parties. Recognition as an organisation which addresses the cultural and customary concerns of Indigenous Australians is exemplified within three Tribunal functions: • As an employer; • In mediation; and • Through research and the provision of community information.

AN EMPLOYER ADDRESSING CULTURAL AND CUSTOMARY CONCERNS

Twelve per cent of Tribunal staff are Aboriginal people or Torres Strait Islanders. Indigenous staff are involved in notifying interest holders, management of applications, mediation, research and public and stakeholder liaison. The network’s presence has The Tribunal’s Aboriginal and Torres Strait Islander Network was established by Indigenous staff in line with recommendations of ensured the the Tribunal-commissioned Aboriginal Employment and Tribunal’s Development Policy Report in 1996. The employment of an business and indigenous Senior Communications Officer was also approved management following this policy report and is consistent with the Tribunal’s practices address aim to increase the number of permanent Indigenous staff at senior levels. the concerns of Indigenous The Aboriginal and Torres Strait Islander Network organised in- house cross-cultural awareness training; provided Indigenous clients and staff. speakers for seminars; developed a work-experience program for tertiary students; participated on Tribunal management committees; and established networks with external Indigenous groups. The network’s presence has ensured the Tribunal’s business and management practices address the concerns of Indigenous clients and staff. The Tribunal has continued with broad strategies involving staff in cross-cultural awareness training. A total of 54 staff in the Principal registry attended three cross-cultural workshops and visits to Dumbartung Art and Cultural Centre. This represents a reduction from the previous year, as the program is targeted at new employees and recruitment during 1996/97 was substantially lower than in the previous reporting period. Staff have also taken part in training, research and public workshop forums to increase their understanding of Indigenous people, perspectives of country, cultural diversity and a range of other relevant contemporary issues.

CULTURAL AND CUSTOMARY CONCERNS IN MEDIATION The Tribunal continues to pay close attention to the need for staff who are involved in mediations to be fully aware of the cultural and customary concerns of claimants.

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During Aboriginal ceremonial law periods, the Tribunal does not conduct formal mediation meetings. At other times, meetings have been cancelled or rescheduled because of deaths or other ceremonial business, or have been adjourned to allow representatives to consult with claimants in large geographical areas covering a number of Aboriginal communities.

In the Gibson and Little Sandy Deserts of Western Australia, three groups of Indigenous people who had long-standing cultural differences came together through the Tribunal’s mediation process. Before the plenary conference at Duck Pool, south of Telfer, more than 100 claimants met over three days to discuss their cultural and historical differences. The meeting was conducted by the Aboriginal people, with the Tribunal representatives camped 100 metres away, providing input and assistance only when requested, in recognition of cultural and customary decision-making. When the meeting was finished, the Tribunal held the plenary conference at which elders from each group presented their interests in country reflecting the outcomes of the previous three days.

Left: Mining parties at the Plenary Conference listen to some of the applicants (below) identify their connection to country. right. Photos: Guy W

In New South Wales, the three registered claimants for the Arakwal People’s application at Byron Bay are women. The Tribunal appointed two Members to this application, a woman and a man, and offered the assistance of a female Case Manager on the basis that cultural issues might arise that the claimants would only feel able to discuss with other women. These appointments enabled the Arakwal women to discuss the importance of particular sites within the area of their application.

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CULTURAL AND CUSTOMARY CONCERNS IN RESEARCH AND COMMUNITY INFORMATION

Indigenous staff of the Tribunal identified NAIDOC Week in July 1996 as a significant opportunity to assist community understanding of native title. The Tribunal sponsored regional NAIDOC Week events in Sydney and Perth, and maintained a contact and information stall at the national NAIDOC Week celebrations in Adelaide. Information booths were established at the Laura Dance and Cultural Festival in Cape York, the Barunga Festival in the Northern Territory and the National Convention of the Council for Aboriginal Reconciliation in Melbourne. In September 1996 the Tribunal joined the Aboriginal and Torres Strait Islander Library and Information Research Network, established to promote the participation of Indigenous staff in The Tribunal libraries and to exchange resources about indigenous issues. convened a series The Tribunal convened a series of seminars and workshops for of seminars and stakeholders to provide a better understanding of the customs workshops for and concerns of Indigenous people relevant to native title. These stakeholders to seminars promoted constructive discussions on co-existence of indigenous and non-indigenous interests. Seminar and workshop provide a better topics included: understanding of the customs and • the removal of Aboriginal children from their families; concerns of • the history of the Western Australian Aboriginal Affairs Indigenous Department; people relevant to • South Australian heritage legislation; native title. • the Hindmarsh Island Bridge controversy; • indigenous protected areas; • Canadian regional agreements; • cultural connection and forced social change; and • the interface between native title and Aboriginal heritage. Papers from these seminars contribute to the social and land use research seminar series, a collection of relevant works developed during each calendar year. Background information papers were prepared to assist Case Managers and Members in mediation. The papers cover language, kinship ties, religious practices, the history of Aboriginal/European interaction and other contemporary issues relevant to mediation. Sixteen background information papers relating to regions or individual claims were produced in the reporting period. Bibliographies generated from background papers are placed on the Tribunal’s web page to provide public access to major research sources. A total of 32 bibliographies relating to applications and regional areas were placed on the web.

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Manage the Tribunal’s human, financial, physical GOAL FIVE and information resources efficiently and effectively

A three-year corporate planning framework has been developed based on future directions, changing statutory and management environments, and requirements for accountability and effective management. The Tribunal’s corporate cycle featured integration between all levels of planning, full consultation with staff at an annual workshop and during reviews, and a growing focus on outcomes and customer service. This year the corporate planning process: • introduced a three-year planning cycle; • linked planning to internal and external ‘business drivers’; • developed a common terminology for planning; • linked staff performance agreements and career development to corporate and business unit planning; • clarified the relationship between levels of planning; and • introduced a Tribunal-wide forward planning calendar which identified key dates and allowed outcomes from all levels of planning to be recorded. The calendar is held on an electronic system and updated by each business unit. The Corporate Services Section of the Tribunal continued to manage current business activities while planning for the impact of significant reforms to the Australian Public Sector through the new Workplace Relations Act 1996, the Public Service Bill 1997 and the Financial Management and Accountability Bill 1996. Corporate priorities included devolving responsibility for budget and human resources to regions and line managers, streamlining recruitment processes, improving the cost effectiveness of advertising including native title application notifications, building a strong technical infrastructure to support new information systems, improving client access to the Tribunal’s public information, introducing a cost recovery strategy for publications, and implementing recommendations from the Mediation Review, specifically work redesign of jobs in the Case Management Unit. The number of staff employed at the Tribunal increased from 139 last financial year to 177, an increase of 38 during the reporting period. Detailed information regarding the distribution of staff across levels is available on page 89. Of the 177 staff, 113 are female and 64 are male, 21 are of Aboriginal or Torres Strait Islander descent, 16 are from non- English speaking backgrounds and 10 staff have identified themselves as having some degree of disability. This year the Tribunal’s running costs budget was $17.841 million. Of this, $5.74 million was spent on administration, $8.783 million on salaries and $1.395 million on property and

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operating expenses. The Tribunal will carry over $1.395 million underspent from 1996/97 into the 1997/98 financial year.

CHART 1 Comcare premium and FBT $106,091 Administration AAT/Federal Court/ Family Court Contract expenditure $179,942 Library employees $169,040 $84,226 Recruitment, training Total $5,739,937 & allowances Travel & vehicles $254,278 $1,700,847 Consultants $276,315 Other $338,517

Advertising $347,839

Printing, title searches, tenure information Information and maps technology $361,103 Office equipment $974,769 & furniture Freight, $456,521 postage, phones $490,448

CHART 2 Future Act $969,698 Salaries expenditure Case Management Research and $3,142,868 Information Total $8,783,300 $1,086,719

President, Members and Assistants $1,458,886

Corporate Services $2,125,129

The Tribunal had a further quarantined allocation of $100,000 for compensation and legal expenses of which $20,000 was expended. In March 1997 the Tribunal commenced an extensive review of the operations and structure of Corporate Services in preparation for significant workload increases resulting from an increased number of native title claims, increased complexity of mediation and amendments to the Act.

RECRUITMENT AND PROFESSIONAL DEVELOPMENT The Tribunal advertised 40 positions and responded to more than 2,500 inquiries for selection documentation. Improvements were made to job documentation and streamlining of the recruitment process as part of the Tribunal’s drive to more cost-effective advertising and recruitment.

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A Training Needs Analysis of all staff was completed to identify individual and organisational training priorities. Individual officer’s training needs were identified in Performance Agreements (SES and Senior Officers) and Career Development Plans (other officers). Significant training funds of $254,626 were allocated to section budgets to allow flexible responses to the development requirements of staff. At the organisational and registry levels, training was provided in team building, information technology, corporate policies (Occupational Health and Safety, Industrial Democracy, Equal Employment Opportunity), selection panel, Members’ training, emergency and bomb awareness, first aid and cross-cultural awareness. The resources allocated to this level of training during 1996/97 was $149,121.00 which includes $3,078.55 for study Finance training assistance provided to 24 staff. and information Finance training and information sessions were provided to staff sessions were to ensure compliance and assist in the devolution of provided to staff accountability to line managers. This included: to ensure • a 1997/98 budget information session for Regional Co- compliance and ordinators, dealing with funding allocations, chart of accounts assist in the and a revision of individuals’ delegation responsibilities and devolution of personal accountability; accountability to • two ‘Managing your Budget’ sessions held in conjunction line managers. with a training consultant covered the Commonwealth budgetary cycle, funding allocations, planning a budget, cash flows and management of funds; and • other one-on-one and small group training sessions to cater for specific needs of Tribunal staff. In-house case management and mediation training was developed including map reading, negotiation, mediation and conflict resolution. The Tribunal sought advice from its Aboriginal and Torres Strait Islander Network to increase the involvement of Aboriginal presenters in all in-house courses. Tribunal Members attended in-house training, seminars and workshops.

THE WORK ENVIRONMENT

The Tribunal’s values of ‘practicality, fairness and excellence’ encouraged the introduction of initiatives designed to improve organisational health and the quality of the work environment. An extensive consultative process provided a set of priorities for review in 1996/97. A home-based work program was piloted and has now been introduced for staff. A ‘carers’ room’ was fitted out for emergency use by parents with sick children where no

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C childcare was available. Carers’ leave was introduced, as was a 48/52 week policy to increase the opportunity for career breaks. Tribunal staff had free vaccinations against influenza, tetanus, polio and hepatitis. A workplace investigation was implemented within the terms of the Occupational Health and Safety Act 1991 to assist in the introduction of improved occupational health and safety management systems. There were no reportable accidents or incidents in the reporting period. The Tribunal’s Joint Staff and Management Consultative Committee met regularly thoughout the year. The committee provided a forum to discuss planned reviews, issues about redesigning jobs, monitoring the use of consultants, occupational health and safety, and was used to promote the Tribunal’s family In early January friendly polices such as home-based work and the carers’ room. 1997 the Tribunal established a cost- PUBLIC ACCESS AND CLIENT SERVICES recovery policy to In December 1996 the 1800 free call telephone number calls were cover the regionalised to overcome delays in providing information caused production costs by time differences between States. Before regionalisation the of significant Principal registry in Perth received an average of 2,000 calls a month, or 100 per day. Following the introduction of regional publications and 1800 numbers, the Principal registry handled an average of 560 Tribunal related calls a month, or 28 per day and the New South Wales and decisions and Queensland registries received 500 and 300 calls a month papers which were respectively, or 25 and 15 per day. previously issued It is estimated that approximately 50 per cent of all calls were free of charge. case related, 30 per cent were requests about the Tribunal’s activities (on publications and procedures) and 20 per cent were specific enquiries regarding the Tribunal’s corporate services. In early January 1997 the Tribunal established a cost-recovery policy to cover the production costs of significant publications and Tribunal related decisions and papers which were previously issued free of charge. A new schedule of fees for services was established. These services include searches for applications lodged over a specific area and provision of extracts from the Register of Native Title Claims. Approximately 450 clients from the Tribunal’s General Mailing List (a database of stakeholders receiving Tribunal information on a regular basis) were surveyed to determine what Tribunal information they required. The regular publication ‘Timeline’ is now issued on disk in various formats. The Internet web site provides free downloading of information on determinations, agreements, media releases, publications, speeches, ‘Questions and Answers,’ the annual report, official guidelines and the Timeline.

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The number of requests from clients for Native Title Register extracts was approximately 900. Searches cost $20 for an initial search, $20 for each 15 minutes thereafter and 50 cents per page for each printed copy. There is also a fee of $20 to inspect the Register. If enquirers provide information about the native title application number, (available from the Timeline document) then search costs can be substantially reduced. Regional registries conducted searches for their own regions. There were 701 searches carried out by the Tribunal, most covering New South Wales and Queensland and coinciding with increasing numbers of native title claims and the opening of the Brisbane registry.

RECORDS AND INFORMATION SYSTEMS

The Tribunal’s electronic Case Management System supports the core business of the Tribunal. During the reporting period the Case Management System was enhanced by classifying native title applications into geographic regions to cater for the new mediation role for future acts and various statistical reports. Geospatial data has been developed for inclusion within the Tribunal’s information system. Systems were reviewed and upgraded to support a growing organisation by installing Lotus Notes and preparing the infrastructure to support regional registries. Lotus Notes operates as an electronic information system, as an organisational mail network and to launch the upgraded homepage. The national wide area network was upgraded to Information Technology support systems which staff member will be progressively Step Coley. developed. Information technology was installed at the new Queensland Registry and Goldfields Mediation Service. Server computer capacity and software was upgraded in the Principal Registry in Perth and registries in the Northern Territory, South Australia and New South Wales. Within this reporting period the Tribunal developed and implemented national records management policies, procedures, standards and guidelines. An interim records management system was purchased and installed. A program of sorting, collating and cataloguing the photographs taken since the Tribunal’s inception in 1994 was commenced.

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Photographs are of mediation sessions, plenary conferences, conventions, indigenous festivals and Tribunal Members and staff.

PROPERTY AND MATERIALS MANAGEMENT The Tribunal’s operating expenditure for property was reduced from $3.04 million in the preceding year to $1.392 million this financial year. This followed the completion of modifications to the Perth registry. Because of the reduction in capital expenditure, the current year’s figures consist mainly of recurrent rent and outgoings. A breakdown of the expenditure is outlined in the following chart.

Capital Expenditure $30,254 Fees CHART 3 $12,834 Rent Leased Property expenditure Buildings $255,336 Total $1,392,646

Rent Cwth Owned Buildings $1,094,223

A temporary Tribunal office opened in Brisbane in August 1996. Plans to move to more permanent accommodation were put on hold pending the outcome of the High Court’s Wik decision and proposed amendments to the Act. In August 1996 the Goldfields Meditation Service was opened in Kalgoorlie to provide regional support for future act negotiations, particularly involving small mining and prospecting interests. The Tribunal paid particular attention to minimising energy consumption in all its premises. Energy issues were considered when selecting accommodation and when buying office equipment. In the Principal Registry in Perth, the number of Tribunal staff increased while energy costs remained constant. This was achieved by modifying the air conditioning and trialing more energy efficient lighting. The Tribunal has a number of waste minimisation measures, including paper and toner recycling, double sided copying, providing information electronically and developing administrative strategies to reduce consumption.

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Manage the process for authorising future GOAL SIX acts effectively

A future act is an act by government which may affect native title. Future acts which are subject to the right to negotiate provisions of the Act are proposed grants of exploration and mining tenements, and compulsory acquisitions of land for transfer to third parties. The native title rights of Aboriginal people and Torres Strait Islanders are required to be taken into account in the granting of all new mining leases and mineral exploration permits after 1 January 1994 over land or waters where native title may exist. Native title holders and registered native title claimants have a right to negotiate about the proposed use of traditional lands for mineral exploration and mining. Negotiations may cover conditions regarding access to traditional lands and waters, protection of culturally significant sites, employment and training, cultural awareness programs for non-indigenous workers, provision of local community infrastructure and services, or any other terms agreed by the parties. A right to negotiate also applies when a government intends to compulsorily acquire land which may be subject to native title for transfer to a third party.

FIGURE 2

Future act process.

Negotiation Notice of Agreement Registered Government intent to do given to NT Claimant Native title party act (s.29) Tribunal Grantee party Normal Procedure

No agreement

Expedited Procedure Arbitration Registered (minimal disturbance including decision on Claimant lodges to sites, land or “good faith” Objection Upheld community) negotiation Expedited Procedure This flowchart shows the steps that occur Dismissed when a government No objection advertises its intent to carry out a future act Tenement Issued Future Act Determination that may effect native title.

NOTIFICATION

If a government believes that native title may be affected by its proposal to grant a mineral tenement or to compulsorily acquire land for a third party, it is required to give notice of the proposed future act.

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During the reporting period, there were 4,680 notifications, 4,639 of them in Western Australia. Of these, 4,579 were for mineral tenements and 60 for compulsory acquisitions.

TABLE 3 State/Territory s29 s31(2) s35 Number of Future Act notification mediation application Matters Nationally. Western Australia 4,639 28 1 This table shows the Queensland 8 1 0 total number of future New South Wales 17 1 0 act notifications, future act mediations, and Northern Territory 0 0 0 applications for a future Victoria 16 1 0 act determination 0 0 0 during the reporting Total 4,680 31 1 period.

EXPEDITED PROCEDURE

A government can fast-track mineral exploration by notifying that it considers the proposed future act attracts the expedited procedure. The expedited procedure applies only if a government considers that a proposed future act does not directly interfere with the community life of native title holders, does not interfere with areas or sites of significance or does not involve major disturbance to any land or waters. A future act can proceed without negotiation if there is no objection lodged within the two month notification period by native title holders or registered native title claimants. Of the mineral tenement notices Of the mineral tenement notices issued in Western Australia, 85 issued in Western per cent asserted that the expedited procedure applied. Ninety five per cent of these did not attract an objection and were Australia, 85 per granted. Native title parties lodged 252 objections to the cent asserted that expedited procedure. the expedited The number of objections is increasing at a steady rate and is procedure applied. predicted to rise steadily during the next reporting period. There Ninety five per were 257 preliminary conferences in relation to objections to the cent of these did expedited procedures, 134 listings hearings and 52 objection not attract an hearings. objection and were In November 1996 the Western Australian Government granted. Native developed a new policy relating to objections. The Government title parties lodged would not consent to adjournments sought by parties negotiating directly, reflecting its view that matters involved in the expedited 252 objections to procedure should be dealt with quickly. The Government the expedited required parties wishing to negotiate to withdraw and enter the procedure. right to negotiate stream.

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Month 1995/96 1996/97

July 12 12 TABLE 4 August 7 4 Number of Objections to September 2 19 the Expedited Procedure. October 1 21 This comparative table November 4 24 summarises the number of objections lodged by December 7 19 native title parties to January 10 10 government notices of February 2 11 intent to invoke the expedited procedure in March 21 18 relation to a proposed April 7 28 future act. May 9 34 June 7 52

Total 89 252

As adjournments must be agreed by all parties, the introduction of this policy meant that the parties either had to continue to the hearing or withdraw from the expedited procedure if they wanted to negotiate. The withdrawal was done by way of a consent determination that the expedited procedure did not apply. The Tribunal has explained the consent determination option to the parties and encouraged parties to take this option when negotiations are in progress.

SECTION 150 CONFERENCES

During preliminary conferences some parties have requested that the Tribunal convene a mediation conference between the native title parties and grantee parties. A negotiation framework has been developed to assist in mediation. Mediations were conducted under section 150 of the Act in 13 matters where native title parties objected to the expedited procedure. These mediations assist parties to resolve whether the expedited procedure should apply. A standard form agreement is usually tabled or made available to parties. Typically, an agreement is reached and the objection is withdrawn. Agreements may provide for a work area clearance program during exploration; compliance with Aboriginal heritage legislation; a clause binding third parties on transfer of the title; access arrangements; cultural awareness training; employment and training; and a dispute resolution protocol.

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RIGHT TO NEGOTIATE

If a government does not assert that the expedited procedure applies, or if the Tribunal determines that the expedited procedure does not apply, native title holders and registered native title claimants have a right to negotiate about the proposed grant or compulsory acquisition. Proposed grants may be licences or leases for mineral or onshore petroleum exploration, or mining, including onshore oil or gas production. Compulsory acquisitions include an intention to acquire land for a sub division. The government proposing the future act must notify all native title parties and provide the opportunity for submissions. It must then negotiate in good faith with the native title parties and the grantee party to reach an agreement. If the negotiations are not successful any party can apply for the Tribunal to determine whether the Sixty seven future act can proceed, and whether conditions apply. agreements were Following a decision of the Federal Court in June 1996, which lodged in the required the State of Western Australia to negotiate in good faith period, 60 in before a future act determination application can be heard, the Western Australia State withdrew the majority of the future act determination applications lodged with the Tribunal. The Federal Court also and seven in found the Tribunal had the power to dismiss an application on Queensland. the grounds that the State had not negotiated in good faith. The State has since developed protocols to deal with future act negotiations. When an agreement is reached the parties must give a copy to the Tribunal. Sixty seven agreements were lodged in the period, 60 in Western Australia and seven in Queensland. All of the Queensland agreements arose from the Century Zinc project.

MEDIATION AND AGREEMENTS

In the event of negotiations breaking down, any party can request the Tribunal to mediate. Agreements have been negotiated outside the Act, often with Tribunal assistance. The majority of the Tribunal’s future act mediations were in Western Australia where a number of agreements have been finalised, including the grant of a petroleum exploration permit and the approval of a development project on the Albany foreshore. The Tribunal was also involved in mediations relating to mining and infrastructure projects such as Century Zinc in Queensland (detailed below) and the Eastern Gas Pipeline in Victoria and New South Wales. A successful mediation in relation to the Dunghutti claim at Crescent Head resulted in an agreement being reached over a proposed residential sub division. With the development of indigenous working groups in Western Australia’s Goldfields region, there is increased potential for negotiated agreements.

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The following are examples of agreements reached.

Bundjalung and Ross Mining – New South Wales In May the Tribunal was asked to mediate the proposed grant of a 10-year mining lease to Ross Mining NL by the New South Wales Government. The first mediation meeting was held in June between the , Ross Mining NL and the Government. Negotiations proceeded and an agreement was reached in July 1997. The draft agreement provides for the Bundjalung People to be involved in environmental monitoring and archaeological clearances, to be able to secure rights to sites of significance, to provide a protocol to resolve Aboriginal heritage issues and to receive jobs, community services, education and training opportunities, community improvements and a compensation package. This agreement showed workable Tjupan – Western Australia agreements could In March 1997 the Tjupan Ngalia native title claimants and three be reached mining companies reached an agreement to fast track future between grants to the companies by not objecting to proposed grants of claimants and exploration tenements. The claimants agreed to assist the miners within companies provided they had regard to Aboriginal culture and short timeframes. were prepared to provide employment, training and business enterprise opportunities. This agreement showed workable agreements could be reached between claimants and miners within short timeframes. The agreement gave the companies confidence to expand their exploration activities in the north-west Goldfields and set standards for their dealings with the Tjupan Ngalia people.

Century Zinc – Queensland Following years of private negotiations over a proposed zinc mine, the Queensland Government decided to use the future act provisions of the Act. The proposed future acts were notified in June 1996 in relation to the granting of leases and the compulsory acquisition of native title rights associated with the minesite, transport corridor and other infrastructure. A separate notice was issued relating to project infrastructure at the Port of Karumba. In August 1996, the Tribunal was asked to mediate due to the breakdown of negotiations. Agreements were reached on significant issues. At the conclusion of the negotiation period a final agreement had not been reached and consequently Century Zinc lodged an application for a determination. The Tribunal convened the first arbitration hearing in Mt Isa on 6 May 1997. On the same day the claimants sought an adjournment to enable negotiations to continue. An agreement was signed that day and lodged with the Tribunal the following day.

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Several factors were important in reaching the agreement. The negotiators identified options, translated concerns into a draft document and ensured understanding of the proposed terms. Also essential were the efforts made by all parties to negotiate in good faith. A review of the Century Zinc mediation and arbitration processes was begun during the reporting period.

Amity Oil – Western Australia The State proposed to grant a large petroleum tenement to an Amity Oil led consortium. Amity Oil and the Nyungah claimants had negotiated for eight months but could not agree on two significant issues. The Tribunal was asked to mediate. Following the first meeting the parties considered a set of proposals suggested by the Tribunal. Two weeks later, the parties Briefings and reached an agreement based on those proposals. training for DECISIONS OF THE FEDERAL COURT mining companies, Nine applications were made to the Federal Court during the representative reporting period, consisting of five appeals and four applications for review of Tribunal decisions. bodies and government The law arising from these decisions applicable to the Tribunal agencies were includes that in deciding whether or not a proposed future act would impact on community, sites of significance or the provided environment, the Tribunal must look at the potential throughout consequences of the proposed act, and not the likely actual Australia, but consequences. Further, the Federal Court decided the meaning of primarily in ‘major disturbance’, is to be approached using the ordinary Western English meaning of the phrase and involves an assessment of the impact of the activity on the local community. In practice this Australia. means that objections to the expedited procedure are more likely to be upheld.

INFORMATION AND TRAINING

The Tribunal liaised with representative bodies to discuss procedures and strategies to improve the participation of native title holders in the objection, determination and negotiation processes, and to assist in the preparation and amendment of applications. The Tribunal and the Department of Minerals and Energy are members of the Western Australian Future Act Working Group which meets regularly to identify and discuss issues in relation to the management of future acts. Briefings and training for mining companies, representative bodies and government agencies were provided throughout Australia, but primarily in Western Australia.

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REGIONAL OVERVIEW NORTHERN TERRITORY

Regional Co-ordinator: Ian Williams Members allocated: Tony Lee, Diane Smith, Chris Sumner, Justice French, Fred Chaney

1. BACKGROUND TO THE REGION

The Northern Territory region covers an area of 1,363,000 sq km. Until May 1996, the Northern Territory was administered jointly with South Australia, as part of the Central region. In response to stakeholder requests, and in recognition of the sustained interest in native title in the Northern Territory, the Tribunal established a registry in Darwin in May 1996 as a pilot project. In June 1997, a permanent registry was established. Because of the long history of operation of the Aboriginal Land Rights (NT) Act 1976, resulting in the scheduling of reserve lands and the successful claiming of most Vacant Crown Land, there are few large areas of land claimed in the Northern Territory under the Native Title Act 1993, compared to those jurisdictions where land rights have not operated to the same extent. Since 1993 the and the Central Land Council have lodged strategic applications over areas of land not available for claim under the Northern Territory legislation. These include applications covering sea areas, within town areas, national parks, and land held by the Land Development Corporation as pastoral lease or vacant land. Several important applications have been referred to the Federal Court following mediation. The Croker Island and Alice Springs applications are among the first referrals to the Federal Court to address native title rights over seas and seabeds, and Crown land within an urban area respectively. Another strategic application is Suplejack, relating to compensation as a result of the issue of a pastoral lease. MEDIATION OVERVIEWS

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2. REGIONAL ISSUES

The most significant regional issue was the triggering of the “sunset clause” in the Aboriginal Land Rights Act, which occurred on 4 June 1997. The “sunset clause” set a time limit for the lodgement of claims under the Northern Territory legislation. A key regional issue remains the future interaction between the Aboriginal Land Rights Act and the Native Title Act. A number of outstanding land claims under the Northern Territory legislation may need to be considered in respect of future native title claims, claims for compensation, and the operation of the future act regime under the Native Title Act.

3. NATIVE TITLE REPRESENTATIVE BODIES

There are four representative bodies in the Northern Territory: the Northern Land Council, the Central Land Council, the Anindilyakwa Land Council and the Tiwi Land Council. The Tribunal deals primarily with the Northern Land Council and the Central Land Council.

3.1 Assistance to applicants Assistance to applicants has not generally been sought because of the operation and experience of the two major representative bodies. However the Tribunal has provided assistance to applicants in the form of information sessions on the operation of the Act and Tribunal procedures. Assistance in this form has been provided to the Katherine Regional Aboriginal Legal Aid Service, and the Central Land Council. One unrepresented native title applicant was assisted in obtaining spatial information to define the area to be included in the application before it was lodged.

4. APPROACH TO MEDIATION

The Tribunal’s approach to mediation is influenced by the position of the Northern Territory Government. The Tribunal adjourned mediation in the Larrakia application in Darwin and the Mbantuarinya Arrernte application in Alice Springs at the request of the Government to enable direct negotiations between the Government and applicants. In the Alice Springs application mediation was resumed after seven months but was terminated when it became clear agreement would not be reached. The application was referred to the Federal Court on 21 May 1996. Mediation in relation to the compensation applications (Suplejack and Larrakia) is continuing, as is mediation in relation to the claim over the proposed Davenport- Murchison National Park near .

5. OUTCOMES OF MEDIATION

A large number of fishing parties in the Croker Island application elected common representation by the Northern Territory Fishing Industry Council prior to referral of the application. Following referral the Tribunal met with the Northern Territory Fishing Industry Council and the Northern Land Council to discuss options for their participation in the Court. Most applications are either in the early stage of notification, or have been referred to the Federal Court for determination.

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6. WORKLOAD ISSUES

The number of claimant applications expected in the next reporting period is difficult to estimate. With the “sunset clause” of the Aboriginal Land Rights Act now in effect, it is envisaged that there will be more native title applications lodged. The Government has issued future act notices in respect of a compulsory acquisition of land at Wickham Point, the proposed site of an industrial estate. The Tribunal has been involved in mediating between the Government and two native title applicants.

7. ADMINISTRATIVE ISSUES

Considerable delays were experienced in retrieving sufficient tenure information to notify registered proprietary interest holders within the claim areas.

8. APPLICATIONS IN MEDIATION (POST NOTIFICATION) TO 30 JUNE 1997

There were nine claimant applications and two compensation applications in the mediation phase. Details of each application appear in an addendum to this report.

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REGIONAL OVERVIEW NORTH WESTERN AUSTRALIA

Regional Co-ordinator: Andrea McCallum Members allocated: Fred Chaney, Justice French, Doug Williamson, Tony Lee

1. BACKGROUND TO THE REGION

The North WA region consists of Kimberley and Western Desert, and straddles both the Northern Territory and the South Australian borders. The region covers an area of 908,200 sq km.

2. REGIONAL ISSUES

There are few overlapping applications compared to some other regions. Where there have been overlaps, they have usually been resolved through mediation. There are several proposed economic developments in the Kimberley region, including the Ord Stage 2 development and the damming of the Fitzroy River. These sorts of large-scale development projects require careful and intensive negotiations in relation to native title issues. They also often require extensive community liaison to ensure that the general public understands the complex issues involved. As the region has some of the oldest claims lodged in Australia, most of which have been in mediation for some time, most of the region’s workload has been devoted to developing and reviewing mediation strategies with the representative bodies and the State.

2.1 Sub-regions There are three sub-regions: the Western Desert which is geographically distinct and has its own representative body, the Council, based in Alice Springs; the West Kimberley; and the East Kimberley.

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3. NATIVE TITLE REPRESENTATIVE BODIES

There are three representative bodies: the Kimberley Land Council, the Ngaanyatjarra Council and the Aboriginal Legal Service (WA).

3.1 Assistance to applicants Western Desert There have not been any requests for assistance to applicants in the Western Desert. No claims have been lodged by persons outside the representative body.

Kimberley Assistance to applicants has been provided in various parts of the Kimberley at the request of the Kimberley Land Council and unrepresented applicants.

Most assistance to applicants involved conducting current and historical tenure searches and mapping to assist applicants in the preparation of claims, but has also involved community visits to explain the lodgment and mediation process. Community visits have been to such places as Noonkenbah, Fitzroy Crossing, Balgo, Mt Barnett, Beagle Bay and Broome.

4. APPROACH TO MEDIATION

Allocations of claims to Members and Case Managers are based on the sub-regions to optimise the use of travel time and resources. Many mediation meetings are held at remote locations and require extensive logistical preparations. As Aboriginal languages are spoken as first languages by many claimants, interpreters are often required at plenary mediation conferences. Most plenary conferences are held within claim areas, allowing claimants to speak from their traditional country.

Upon the completion of the notification period, the Case Manager meets or speaks with as many parties to the application as possible to explain the mediation process and gain an understanding of the interests of each party in relation to the claim area.

The statutory mediation conference of all parties is then convened. Apart from formal statements from all parties as to their interests in the claim area and aspirations for the mediation process, the outcomes of plenary conferences include a timetable for further mediation, and a “to do” list for each party in order to progress the mediation. This is called a “negotiating framework”.

After the plenary conference, further meetings are held either on site or by teleconference with representatives. These are usually bilateral, involving the applicants and one other party such as the State, an industry group or pastoral lessees.

5. OUTCOMES OF MEDIATION

A number of final, partial, framework, draft and interim agreements have been entered into. Agreements have either been reached or are still being negotiated between applicant groups and a range of other parties such as the State Government, pearling companies, mining companies, pastoral lessees, and other indigenous parties. An example is the Rubibi agreement in Broome detailed on page 37.

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Some of these agreements have been reached directly as a result of the mediation process with the assistance of the Tribunal. Some other agreements have been negotiated outside the mediation process.

Agreements have focused on a range of issues related to native title, including indigenous access to country, traditional land and waters use and practices, exploration, mining, employment and training, commercial joint ventures and incorporation into the claimant group of other indigenous parties.

6. WORKLOAD ISSUES

A number of claimant applications is expected to be lodged in the region in the 1997/98 financial year. In addition to this, a number of claimant applications in response to proposed future acts is expected to be lodged.

7. ADMINISTRATIVE ISSUES

Dividing the region into sub-regions has many benefits. The Kimberley Land Council has its head office in Derby and other offices in Broome, Kununurra, Halls Creek and Fitzroy Crossing. Most native title claims are represented by Kimberley Land Council staff in the office nearest the claim area and claimants. When Tribunal staff travel to the Kimberley for mediation and other meetings, resources are optimised by being able to deal concurrently with several matters in the same sub-region.

8. APPLICATIONS IN MEDIATION (POST NOTIFICATION) TO 30 JUNE 1997

There were 45 claimant applications in the mediation phase. Details of each application appear in an addendum to this report.

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REGIONAL OVERVIEW SOUTH WEST WESTERN AUSTRALIA

Regional Co-ordinator: Hugh Chevis Members allocated: Tony Lee, Fred Chaney, Justice French

1. BACKGROUND TO THE REGION The South West region covers the Gascoyne, Murchison and lower south west of Western Australia which covers an area of 600,500 sq km. It stretches from Exmouth in the north to Hopetoun on the south coast, and east to Meekatharra and Southern Cross. There are 71 native title applications lodged. Twenty three are in the Land and Sea Council area and 48 in the Noongar Land Council area. About 35 per cent of these applications are “polygon” applications lodged in response to proposed future acts, but over the reporting period a number of broader “country claims” have been lodged which incorporate existing polygon applications made by the same applicants.

2. REGIONAL ISSUES The region has been divided into seven sub- regions: the Gascoyne, Murchison, Northern Sandplain, Wheatbelt, Metropolitan, Lower South West and South Coast. These sub- regions have been identified to match strategies pursued by the representative bodies and because there are common themes in the applications within each of the sub-regions. Applications lodged in the Gascoyne area have shown a tendency not to overlap, as a result of work by the representative bodies and applicant groups in sorting out boundary issues prior to lodgement. In the Murchison the strategy has been to try to resolve existing overlaps. In the south west the formation of working groups around clusters of applications has been promoted, with the intention of replacing the existing applications with a single application on behalf of all people with a native title interest in the area. In the South West a number of applications cover conditional purchase and perpetual lease tenure. This has created considerable community confusion and disquiet. The Tribunal has been engaged in discussions with the representative body and claimant groups on the possible coexistence of native title with these leasehold interests. Some claimants who originally asserted native title over these tenures have amended applications to exclude them.

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3. NATIVE TITLE REPRESENTATIVE BODIES

The three representative bodies are the Yamatji Land and Sea Council, the Noongar Land D Council and the Aboriginal Legal Service (WA). There has been a co-operative approach to planning by the relevant representative bodies and the Tribunal. Representatives of the three representative bodies have been involved in strategic planning for the region, along with the State. The most recent strategic planning session produced a commitment to develop more formal protocols concerning the respective roles of the Tribunal and representative bodies in relation to such issues as community liaison exercises, the development of working groups and development of template agreements.

3.1 Assistance to applicants The Tribunal has facilitated contact between potential claimants and representative bodies, providing information on procedural options, and, in the lower south west, attending meetings convened by the representative bodies as precursors to setting up working groups.

3.2 Liaison Workshops with local government in association with the Western Australian Municipal Association and the State Government were held to inform local authorities about native title, Tribunal procedures, and mediation options. The Tribunal has liaised with pastoralists by participating in Land Conservation District Committee meetings and at meetings at homesteads with groups or individuals.

4. APPROACH TO MEDIATION

The approach taken to mediation recognises that participants may need a period of time prior to the commencement of formal mediation to absorb information and also to begin to develop relationships with other parties and the Tribunal. This approach provides a solid basis on which to build mediation because there is a perception by some parties that entry into mediation carries with it some risk. A better understanding of the positions of other parties, including the possible strengths and limitations, gives parties more confidence in dealing with each other. The approach of the parties to possible outcomes through mediation might differ between sub-regions. In the south west, native title and non-native title outcomes are being considered by some applicants. In the Gascoyne, mediation is focussed on the determination of native title, reflecting both the aspiration of applicants in the region and the State’s preparedness to acknowledge the possibility of native title where connection can be established.

5. OUTCOMES OF MEDIATION

In many applications the recognition of native title through a mediated determination of native title is dependent on the approach taken by the State Government. In response, applicants are making strategic decisions about whether to enter into mediation. Parties have progressed mediation on informal framework agreements arising out of plenary

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conferences, but none of the mediations are sufficiently far advanced to have reached agreement in principle. One significant achievement, which has occurred in a number of applications, is the negotiation of an agreement between local government authorities who are parties to mediation in applications stretching over shire boundaries, to work together to present a common position in mediation. The attractions of this approach are the possibility of reducing costs, promoting common interests, and reaching an eventual outcome which has the acceptance of all shires. In relation to future acts, agreements have been concluded in relation to petroleum exploration in the Busselton region and a compulsory acquisition on the Albany foreshore.

6. WORKLOAD ISSUES One significant workload element has been the need to return to parties to consolidate information about the mediation process and the role of the Tribunal. The number of inquiries following community information sessions or pre-mediation meetings indicated that the information about native title takes some time to absorb. The regional team provides this facility by providing ongoing personal contact with parties, such as visiting homesteads, or attending Council meetings, prior to mediation taking place. This necessarily involves travel for periods of up to a week in regional locations. The other workload issue is that recently lodged applications are generally better prepared than previously, meaning that staff spend more time in relation to the mediation aspect of the application, rather than dealing with formal procedural compliance. Better preparation can be attributed to the growing expertise of the representative bodies, and support provided by the Tribunal in supplying formal procedural information prior to the lodgement of applications.

7. ADMINISTRATIVE ISSUES In response to increased workload the regional team has expanded over the year from three to eight people, mostly by the addition of more Case Managers to handle applications. The team has handled some complex notification issues, particularly in relation to the notification of perpetual leaseholders. In one application, 1,500 interest holders were notified.

8. APPLICATIONS IN MEDIATION (POST NOTIFICATION) TO 30 JUNE 1997 There were 44 claimants applications in the mediation phase. Details of each application appear in an addendum to this report.

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REGIONAL OVERVIEW GOLDFIELDS REGION

Regional Co-ordinator: Klim Gollan Members allocated: Tony Lee, Diane Smith, Justice French, Paul Seaman

1. BACKGROUND TO THE REGION The Goldfields region coincides with the area covered by the Goldfields Land Council. The area covers 406,100 sq km. As at 30 June 1997, there were 64 claimant applications and 148 future act applications. Two applications for determination of native title have been referred to the Federal Court for determination. In addition to its high level of mining and exploration, the Goldfields region contains extensive pastoral interests, centres of urban development, and Aboriginal communities. A large number of overlapping applications has been lodged in the last three years. The region is completely covered by claimant applications. The number of overlapping applications varies significantly across the region, with the greatest number occuring in the north east.

2. REGIONAL ISSUES Many applicants are represented by the Goldfields Land Council as the representative body. Some are unrepresented, and applicants are disadvantaged by the lack of legal advice, leading to slow progress in their applications. The resolution of multiple overlapping applications dominates mediations. Different approaches to the problem have developed to cope with varying sub-regional needs, such as merging claims and reduction of claim boundaries by agreement, have emerged as the primary outcomes of work by the Tribunal and Goldfields Land Council. The right to negotiate continues to be the primary focus of applicants, although there is increasing recognition of the importance of mediated outcomes in the determination of native title. The State Government has recently advised indigenous parties to mediations that it will enter into dialogue with claimants if certain conditions are met, including the amendment

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of claim boundaries to remove contested overlapping claims, the provision of adequate proof of connection to country, the recognition of pastoral and other interests (consistent with the Wik decision), and the acknowledgment of the application of general laws on land under native title.

3. NATIVE TITLE REPRESENTATIVE BODIES The Goldfields Land Council has been increasing its capacity to assist indigenous groups to prepare and manage their native title applications. Much of the activity has centred on resolving overlapping applications and widescale anthropological work. The representative body is also working on finding solutions to overlapping claims, and in assisting applicants to establish corporate bodies to handle future act negotiations. This has contributed to the overall progress of mediations by helping to establish the membership of applications.

4. APPROACH TO MEDIATION Mediation has been substantially affected in the Goldfields by the large numbers of mining interests becoming parties, the relatively large number of contesting indigenous parties, and the very few pastoral interests actively participating in mediation. The State Government, however has recently indicated that it would be prepared to enter into a dialogue with native title parties where overlapping or intra-indigenous contests are removed, adequate evidence of connection is supplied, and where the applicants are prepared to acknowledge the applications of general laws and validly granted rights of pastoralists. The Tribunal has adopted a policy of promoting partial agreements between the parties, with a view to reducing the number of issues to be determined in the Federal Court and reducing the number of separately represented parties and asking parties to commit to a negotiating timetable.

5. OUTCOMES OF MEDIATION Two applications (Wiljen WC95/84 and #2 WC95/11) have been referred to the Federal Court for determination. The remaining applications are in various stages of mediation.

6. WORKLOAD ISSUES The team experienced considerable difficulties in the early part of the year during notification of a large number of applications. This has since been rectified with the recruitment of additional staff.

7. ADMINISTRATIVE ISSUES A significant challenge to notification procedures (WMC v Lane) concerned the Ngadju application (WC96/17). The decision has required re-notification of the application to 370 interest holders and a revision of internal procedures for notifying individual registered proprietary interest holders.

8. APPLICATIONS IN MEDIATION (POST NOTIFICATION) TO 30 JUNE 1997 There were 39 claimant applications in the mediation phase. Details of each application appear in an addendum to this report.

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REGIONAL OVERVIEW PILBARA

Regional Co-ordinator: Sue Kee Members allocated: Mary Edmunds, Tony Lee, Doug Williamson, Fred Chaney, Justice French

1. BACKGROUND TO THE REGION

The Tribunal’s Pilbara region was established on 1 August 1996. It covers a remote arid to semi-arid section of north-western Australia and is 621,300 sq km in extent. The boundaries coincide approximately with the area defined by the boundaries of representative bodies, other than the Aboriginal Legal Service (WA).

2. REGIONAL ISSUES

The Pilbara is a region of high mineralisation and is dominated by major resource developments. There is also significant pastoral activity, Vacant Crown Land, various conservation and Aboriginal reserve lands, as well as a resource rich coastline subject to commercial and recreational uses. The aspirations of applicants in the region are highly variable as the area includes town based Aboriginal communities such as Roebourne, and remote desert communities, such as Jigalong and Punmu. As at 30 June there were a total of 61 applications lodged in the region. These are characterised by two types of applications: 43 per cent being “country” claims and 57 per cent discrete claims to land areas coinciding with that of a future development or proposed grant of interest in respect of that land. A number of language group claims were lodged in June 1996, in anticipation of a proposed registration test. These applications have generated the bulk of the region’s mediation activities.

3. NATIVE TITLE REPRESENTATIVE BODIES

There are four representative bodies operating in the region: the Aboriginal Legal Service (WA), Pilbara Aboriginal Land Council, Nanga-Ngoona Moora-Joorga (West Pilbara) Land Council and Western Desert Puntukurnuparna Aboriginal Corporation.

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There are overlapping applications in the region. As part of the Tribunal strategy to progress mediation of applications, good working partnerships have been established with representative bodies in accordance with agreed protocols. Quarterly meetings are held to confirm protocols that cover: • the procedures for responding to potential native title applicants who seek the assistance of the Tribunal; and • each agency’s respective responsibilites in addressing the interests of Aboriginal people affected by native title matters in the region.

4. APPROACH TO MEDIATION

Applications are mediated by a Mediation Team consisting of one or more Members and a Case Manager. Significant issues which arise in mediation generally form the basis for determining the lead Member. For example, if resource development is a significant issue to be resolved then the presiding Member will have suitable experience in this regard. The lead Member presides over a section 72 conference. The team conducts two stages of preparatory mediation meetings addressing intra- Indigenous issues and non-Indigenous issues. These meetings are the core of mediation and isolate relevant issues and generate ideas for resolving them in subsequent meetings. The high proportion of polygon claims within the region required the development of a management strategy to balance statutory requirements and the interests of parties involved in resolution of future act negotiations, due to the different issues which arise from these applications. A number of section 72 conferences have been deferred until future act negotiations are completed. This management approach aims to minimise confusion which may arise as a consequence of the two processes, and to maximise the likelihood of successful resolution of future act negotiations.

5. OUTCOMES OF MEDIATION

Many matters of law are unresolved and have made some parties reluctant to enter into agreements. It has been an important element of mediation to develop working relationships with relevant peak bodies and umbrella organisations in addressing the interests of potential parties and parties involved in native title applications. A number of claims overlap each other and mediation activities have focussed on addressing intra-Indigenous issues giving rise to the overlaps. A high proportion of applications have been lodged independently of representative bodies and this has made mediation complex. Successes have included establishing in a formal document of agreement, a common representative to manage a number of overlapping applications. Agreements have also been reached with applicants to avoid further overlaps by precluding existing claim areas from applications in their preparatory stages. The applications Ngaluma/Injibandi #1 and #2, lodged respectively in July 1994 and January 1995, were referred to the Federal Court for determination on 22 November 1996.

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6. WORKLOAD ISSUES

Workload is likely to increase because, in addition to the continuation of mediation of a number of “older” applications, formal mediation will commence for a number of applications lodged in 1997. The four representative bodies are at different stages of consolidation, with two having been gazetted in 1996. Whilst they are in developmental phases the workload of the Tribunal is greater in respect of intra-Indigenous conflict resolution.

7. ADMINISTRATIVE ISSUES

Mediation of many claims has been impeded because applicants have been unable to obtain funding for representation. As a consequence many proposed meetings were unable to be held.

8. APPLICATIONS IN MEDIATION (POST NOTIFICATION) TO 30 JUNE 1997

There were 31 claimant applications in the mediation phase. Details of each application appear in an addendum to this report.

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REGIONAL OVERVIEW SOUTH AUSTRALIA

Regional Co-ordinator: Anthea Howard Members allocated: Fred Chaney, Paul Seaman, Mary Edmunds, Rick Farley, Chris Sumner

1. BACKGROUND TO THE REGION

The South Australian region occupies the whole of the State of South Australia which covers an area of 984,381 sq km. There are 19 claimant applications most of which overlap other applications.

2. REGIONAL ISSUES

The region has been divided into two sub-regions, the Western sub-region encompassing the far west coast and areas immediately to the west of the Maralinga Tjarutja and Anangu Pitjantjatjara lands, and the Central sub- region, the remainder of the State. The Tribunal held a three-day planning exercise with major stakeholders including, the Aboriginal Legal Rights Movement, the State Government, the South Australian Farmers’ Federation, the South Australian Fishing Industry Council, the Local Government Association and the Chamber of Mines and Energy. This joint planning process enabled the Tribunal to consider the interests of stakeholders when planning mediation strategies and the timing of meetings. The State Environment, Resources and Development (ERD) Court and the Supreme Court have jurisdiction in relation to both future act and native title applications. Three future act applications have been lodged with the ERD Court during the reporting period. The South Australian Government asserts the extinguishment of native title on pastoral leases, other than as provided by existing statutory Aboriginal access rights. The Tribunal worked with the State and peak bodies to develop a template agreement which defines the nature and extent of indigenous rights of access. The State Cabinet has released a draft “area agreement” for discussion amongst stakeholders.

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3. NATIVE TITLE REPRESENTATIVE BODIES

There are three representative bodies within the region: Anangu Pitjantjatjara, Maralinga Tjarutja and the Aboriginal Legal Rights Movement. The representative bodies have been actively involved with the Tribunal in mediating indigenous issues associated with overlapping claims.

3.1. Assistance to Applicants Assistance to applicants has been primarily provided through joint work with the Aboriginal Legal Rights Movement to resolve conflicts associated with overlapping applications. The Tribunal refers all requests for assistance in lodging applications to the Aboriginal Legal Rights Movement.

4. APPROACH TO MEDIATION

In South Australia the cooperative efforts of the Tribunal and the Aboriginal Legal Rights Movement in the far west of the State have supported the formation of the Far West Coast Working Group, consisting of four applicant groups as well as one potential applicant group, whose applications cover the entire far west region of the State. This Working Group participated in a combined plenary conference for three of the applications (Yalata, Mirning and Maralinga Tjarutja) and has been engaged in negotiations with the Chamber of Mines and Energy to formulate a work area clearance agreement. Work is proceeding on the formation of working groups in Port Augusta, Upper North and Eyre Peninsula.

5. OUTCOMES OF MEDIATION

• Work area clearance agreement in relation to heritage and access matters for mining exploration between 14 mining companies and five Aboriginal groups (including three claimants) in the Gawler Craton area. • Reduction of parties in far west coast and applications by negotiating representation arrangements with South Australian Fishing Industry Council for holders of fishing rights, and South Australian Farmers’ Federation for holders of pastoral and perpetual leases. • Development of a detailed pastoral access agreement based upon a draft provided by the State Government.

6. WORKLOAD ISSUES

Although there are a relatively small number of applications in the region, many cover very large areas and consequently have given rise to difficulties in notifying and managing large numbers of potential parties. Two claimant applications were lodged in the reporting period, and it is understood that up to 15 more applications are being prepared.

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7. ADMINISTRATIVE ISSUES

The staff of the Adelaide registry increased from two to four over the reporting period. The Tribunal concluded a memorandum of understanding with the Environment, Resources and Development Court dealing with such issues as information exchange, access to procedural manuals and regular joint development work. The Tribunal has experienced some difficulty in acquiring tenure information through State Government agencies, which has been exacerbated by the large areas covered by applications and the range of tenures.

8. APPLICATIONS IN MEDIATION (POST NOTIFICATION) TO 30 JUNE 1997

There were 11 claimant applications in the mediation phase. Details of each application appear in an addendum to this report.

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REGIONAL OVERVIEW SOUTH EAST

Regional Co-ordinator: Jane Mussett Members allocated: Hal Wootten, Michael McDaniel, Sean Flood, Kim Wilson, Justice Jane Mathews, Sue Ellis, Pam O’Neil, Joanna Kalowski, Doug Williamson, Diane Smith, Justice Peter Gray

1. BACKGROUND TO THE REGION

The South East region consists of the States of New South Wales, Victoria, Australian Capital Territory and Tasmania – an area of approximately 1,097,000 sq km. At the end of the reporting period 208 applications had been lodged. Of these, 74 were lodged during the reporting period, of which 47 were claimant applications and 27 were non-claimant applications. The applications vary between large scale “country claims” and applications which have been lodged over relatively confined areas in response to non-claimant applications and future act notices. The coastal strips of New South Wales and Victoria are densely settled and consequently applications over these areas have been confined to pockets of Vacant Comprehensive spatial data for applications in Crown Land, even where applicants have New South Wales and Victoria is not yet identified the boundaries of their available. traditional lands over large areas. The Australian Capital Territory is subject to an application which includes all areas of Vacant Crown Land, national park and State forest. This is reflected in the map at above.

2. REGIONAL ISSUES

Applications in the south coast of New South Wales have significant overlaps. In other sub- regions overlapping applications are considered to be the result of inadequate mapping. The State of New South Wales has taken the view that where there is credible evidence of connection, they are open to determinations of native title, subject to an absence of clearly extinguishing tenure. There have been no formal claimant mediations in Victoria during the reporting period, although informal discussions have been held in relation to the Gunai application. Mediation in relation to the clans’ compensation application has continued.

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3. NATIVE TITLE REPRESENTATIVE BODIES

In New South Wales the representative body is the New South Wales Aboriginal Land Council. In Victoria the representative body is Mirimbiak Nations Aboriginal Corporation. Procedures for dealing with requests for assistance to applicants, notification of claims and regional planning issues have been established. The New South Wales Aboriginal Land Council has fostered community involvement and authorisation of native title applications. The Tribunal has been requested to assist in resolving intra-indigenous issues. The Victorian strategy has been to consult with potential claimants with a view to establishing large country claims and negotiating regional agreements.

3.1. Assistance to Applicants Assistance to applicants has taken the form of meetings to explain the claims process and, in one instance, resulted in the potential applicants joining a representative application lodged by the representative body. The Tribunal has provided assistance with mapping information, particularly in relation to country claims where there is generally no previously existing definition of the area. Tribunal staff have addressed numerous meetings of major stakeholder groups, including local government, rural womens’ groups, beekeepers’ associations, local farmers’ associations and commercial fishing associations. The Tribunal has participated in joint education exercises with local government organisations.

4. APPROACH TO MEDIATION

The Tribunal has conducted extensive pre-mediation work with stakeholder groups such as abalone divers involved in the Walbunja application on the New South Wales South Coast. In the North West claims, meetings have been held with mining and pastoral groups. Where possible mediation proceeds according to informal timetables, aiming to secure agreements with various interests. For example, the Arakwal application in Byron Bay was mediated to a successful in-principle agreement with the State resulting in the creation of a State Recreation Area. The Tribunal pursued non-native title outcomes where the Government proposed options such as grants under the New South Wales Aboriginal Land Rights Act as an alternative to native title determinations.

4.1. Future act matters Thirty one future act notices were issued by the States of Victoria and New South Wales. The Tribunal was requested to mediate three of the proposed future acts. In all other instances where native title parties have been identified, the relevant State party, grantee parties and native title parties are negotiating.

5. OUTCOMES OF MEDIATION

In October 1996, mediation between the Dunghutti People of Crescent Head on the north coast of New South Wales, the State Government, and other parties resulted in an

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agreement that native title existed in the area of the application, and that the Dunghutti People were the holders of that native title. In April 1997, the Federal Court made a consent order. The native title rights in the land were acquired by the State Government and a compensation package was settled. The Tribunal was asked to mediate between the State, the Bundjalung applicants and Ross Mining in relation to the grant of a gold mining lease to Ross Mining in the Tabulum area of northern New South Wales. Mediation resulted in the signing of an agreement for the mine to proceed. A number of intra-indigenous issues have been resolved through both formal and informal agreement between the parties. Parties agreed to acknowledge the mutual rights and responsibilities to the land in question and to undertake to inform and consult each other about matters of mutual concern in relation to the land.

6. WORKLOAD ISSUES

There were 74 new native title determination applications, as well as three requests for the Tribunal to mediate in relation to future acts during the reporting period. Ten applications were rejected or referred to the Federal Court.

7. ADMINISTRATIVE ISSUES

The Tribunal’s ability to obtain tenure and current interest information from the relevant State custodians has improved markedly, although it can still take many months for the information to be supplied.

8. APPLICATIONS IN MEDIATION (POST NOTIFICATION) TO 30 JUNE 1997

There were 43 claimant applications in the mediation phase. Details of each application appear in an addendum to this report.

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REGIONAL OVERVIEW QUEENSLAND

Regional Co-ordinator: Simon Nish Members allocated: Justice French, Graeme Neate, Rick Farley, Kim Wilson, Joanna Kalowski, Fred Chaney, Sue Ellis, Mary Edmunds

1. BACKGROUND TO THE REGION

The Queensland region occupies the geographic area of the State of Queensland which covers and area of 1,771,000 sq km.

2. REGIONAL ISSUES

The region is divided into several sub-regions for administration of applications: Torres Strait, , Central Queensland, , South West Queensland, and North West Queensland.

3. NATIVE TITLE REPRESENTATIVE BODIES

There are eight representative bodies: the Torres Strait Regional Authority, Cape York Land Council, Carpentaria Land Council, North Queensland Land Council Aboriginal Corporation, Central Queensland Land Council, Gurang Land Council, FAIRA Aboriginal Corporation, and Goolburri Land Council. The North West Queensland region has not had a representative body determined, however the North West Queensland Aboriginal Land Council represents a number of claimant groups. The lack of a representative body has led to several unrepresented applications being lodged in relation to large areas of land within the region.

3.1 Assistance to applicants The large number of unrepresented applicants and applications lodged other than through representative bodies has placed pressure on the case management staff in the region to explain the process for making applications and the provisions of the Act.

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Representative bodies have convened “land summits” with traditional owners as forums to discuss native title and other land issues. The Tribunal has participated in many of these summits, informed groups about the process of native title and has encouraged consultation with local authorities and other local stakeholders before an application is lodged. Assistance has been provided to many groups in the form of current tenure information and mapping services. The assistance provided by the Tribunal has resolved a number of overlapping claims and boundary disputes prior to or soon after lodgement. In north west Queensland, there has been substantial work in assistance to applicants in defining boundaries and minimising overlapping claims and other boundary conflicts. In the Kalkadoon claim the Tribunal brought together approximately 20 parties who identify as Kalkadoon and is now working with them to resolve overlapping claims and other boundary issues.

4. APPROACH TO MEDIATION

The Tribunal endeavours to conduct liaison work in and around the claim area as soon as possible after a claim has been lodged to identify and establish relationships with key stakeholders, identify the key issues likely to be raised in mediation and to develop an information base from which to generate the mediation strategy. Many of the Tribunal’s resources are devoted to the management of intra-indigenous issues throughout the State. There have been some successes in securing agreement between indigenous groups in Hopevale. After meetings convened by the Tribunal, groups in the Mt Isa area and the south west of the State have agreed not to pursue overlapping claims. Clans in the Yarrabah area have agreed to a process to identify areas of traditional responsibility within the mediation process and the Tribunal has prepared a draft agreement between traditional and historical communities within a claim area in the Torres Strait. The draft determination developed in the application has been applied in a number of other applications in far north Queensland and the Torres Strait as a starting point for discussions between applicants, the State and other parties. A set of mediation principles and timeframe, developed in the Umpila and Kaanju Umpila claims, has been adopted as a precedent framework agreement for the progression of mediation throughout much of Queensland.

5. OUTCOMES OF MEDIATION

The Tribunal is working with five Torres Strait island groups to develop a common approach to sea claims. In the Hopevale application the Tribunal has assisted in the development of an in- principle agreement between clans and the Hopevale Council. A working group has been established by the Cairns City Council and applicants to discuss a broad approach to native title issues. The Tribunal facilitated an agreement between the Malanbarra, Yidinji and Dulabed groups in the Goldsborough Valley, which resulted in the resolution of overlapping claims. The framework agreement that the applicants and State are applying to a number of applications will result in the exchange of detailed tenure information by the State and preliminary evidence of connection by the applicants.

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The Quandamooka applicants and the Redland Shire Council prepared a broad collaborative framework for dealing with land use and management issues within the Shire boundaries. The Tribunal has conducted an extensive liaison project to inform the pastoral industry of native title issues and procedures. Meetings facilitated by the Tribunal have resulted in indigenous groups undertaking not to lodge overlapping claims.

6. WORKLOAD ISSUES

The workload in the Queensland registry has increased following the Wik decision. The Queensland Government has not issued many future act notices, but some can be expected in relation to major mining/infrastructure projects. A higher workload is expected, particularly in relation to claimant applications in central Queensland.

7. ADMINISTRATIVE ISSUES

The Queensland registry was originally established in response to the high volume of claimant applications lodged in the region and to provide a more cost effective service. The increase in workload over the past year has meant that more staff have been appointed.

8. APPLICATIONS IN MEDIATION (POST NOTIFICATION) TO 30 JUNE 1997

There were 42 claimant applications in the mediation phase. Details of each application appear in an addendum to this report.

National Native Title Tribunal 81 APPENDIX I CORPORATE DIRECTOR Y

REGISTRY ADDRESSES

PRINCIPAL – PERTH Victoria 4th Floor Southgate HWT Tower Commonwealth Law Courts Building Level 16, 40 City Road 1 Victoria Avenue SOUTHBANK VIC 3006 PERTH WA 6000 Tel: (03) 9282 8405 Tel: (08) 9268 7272 Tel: 1 800 640 501 Tel: 1 800 640 501 Fax: (03) 9282 8480 Fax: (08) 9268 7299 Office hours: 9.00am – 5.00pm Office hours: 8.30am – 5.00pm GPO Box 9973, MELBOURNE VIC 3001 GPO Box 9973, PERTH WA 6001 Northern Territory New South Wales Commonwealth Law Courts Building Level 25 Cnr Mitchell and Herbert Street 25 Bligh Street DARWIN NT 0801 SYDNEY NSW 2000 Tel: (08) 8981 2747 Tel: (02) 9291 6110 Tel: 1 800 640 501 Tel: 1 800 640 501 Fax: (08) 8981 6081 Fax: (02) 9233 5613 Office hours: 9.30am – 4.00pm Office hours: 8.30am – 5.00pm GPO Box 9973, DARWIN NT 0800 GPO Box 9973, SYDNEY NSW 2001 Tasmania Commonwealth Law Courts Building South Australia 39-41 Davey Street Level 11 HOBART TAS 7000 Chesser House Tel: (03) 6232 1782 91 Grenfell Street Tel: 1 800 640 501 ADELAIDE SA 5000 Fax: (03) 6232 1701 Tel: (08) 8201 0605 Office hours: 9.30am – 1.00pm, Tel: 1 800 640 501 2.00pm – 4.00pm Fax: (08) 8232 6257 GPO Box 9973, HOBART TAS 7001 Office hours: 8.30am – 4.30pm GPO Box 9973, ADELAIDE SA 5001 Goldfields Mediation Service Level 1, Viskovich House Queensland 377 Hannan Street Level 17 KALGOORLIE WA 6430 15 Adelaide Terrace Tel: (08) 9091 9033 BRISBANE QLD 4000 Tel: 1 800 640 501 Tel: (07) 3259 0500 Fax: (08) 9091 9310 Tel: 1 800 640 501 Office hours: 9.00am – 5.00pm Fax: (07) 3259 0510 GPO Box 4303, KALGOORLIE WA 6430 Office hours: 8.30am – 5.00pm GPO Box 9973, BRISBANE QLD 4001 National F reecall Number 1 800 640 501

82 National Native Title Tribunal MEMBERS LIST

President Justice French Appointed 2/5/94

Principal Registr y Hon Paul Seaman QC Hon Fred Chaney AO Mr Anthony Lee Perth Presidential Member Full Time Full Time Part Time Appointed 18/4/95 Appointed 30/6/95 Appointed 20/12/94 Term 5 years Term 5 years Term 5 years

Justice Mathews Hon Hal Wooten AC QC Mr Sean Flood Mr Michael McDaniel Presidential Member Presidential Member Full Time Full Time Sydne y Part Time Part Time Appointed 1/8/94 Appointed 19/2/96 Appointed 26/7/94 Appointed 26/7/94 Term 5 years Term 3 years Term 5 years Term 3 years

Ms Sue Ellis Ms Joanna Kalowski Mr Kim Wilson Part Time Part Time Part Time Appointed 4/4/95 Appointed 4/12/96 Appointed 20/12/94 Term 5 years Term 2 years Term 4 years

Justice Gray Justice Olney Mr Douglas Williamson Melbourne Presidential Member Presidential Member RFD QC Part Time Part Time Part Time Appointed 16/5/94 Appointed 16/5/94 Appointed 4/12/96 Term 5 years Term 5 years Term 2 years

Hon Christopher Sumner Adelaide Full Time Appointed 18/4/95 Term 5 years

Mr Graeme Neate Mr Rick Farley Brisbane Part Time Part Time Appointed 12/12/95 Appointed 12/12/95 Term 3 years Term 3 years

Dr Mary Edmunds Ms Pam O’Neil Ms Diane Smith Canberra Part Time Part Time Part Time Appointed 4/4/95 Appointed 12/12/95 Appointed 20/12/95 Term 5 years Term 3 years Term 3 years

National Native Title Tribunal 83 APPENDIX II OTHER RELEVANT LEGISLATION

Acts Interpretation Act 1901(Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) Archives Act 1983 (Cth) Audit Act 1901(Cth) The Constitution Disability Discrimination Act 1992 (Cth) Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth) Freedom of Information Act 1982 (Cth) Human Rights and Equal Opportunity Commission Act 1986 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Long Service Leave (Commonwealth Employees) Act 1976 (Cth) Maternity Leave (Commonwealth Employees) Act 1973 (Cth) Occupational Health and Safety (Commonwealth Employment) Act 1991 (Cth) Privacy Act 1988 (Cth) Public Service Act 1922 (Cth) Racial Discrimination Act 1975 (Cth) Remuneration Tribunal Act 1973 (Cth) Safety, Rehabilitation and Compensation Act 1988 (Cth) Sex Discrimination Act 1984 (Cth) Superannuation Act 1976 (Cth) Superannuation Act 1990 (Cth) Workplace Relations Act 1996 (Cth)

Finance Regulations and Finance Directions Public Service Regulations General Employment Conditions Award 1995

84 National Native Title Tribunal APPENDIX III PUBLICATIONS AND PAPER S

SPEECHES & P UBLICATIONS 1996/97

Farley, R., 1997, 'Regional Agreements As Alternatives to Mediation. What Is the Commercial Impact of the Historic Cape York Agreement', in Implementing the Native Title Act: the Next Step: Facilitating Negotiated Agreements. Selected Discussion Papers of the National Native Title Tribunal 1996, Meyers Gary D, ed, National Native Title Tribunal, Perth, pp. 142-160.

Farley, R., 1997, 'Wik – the Way Forward', Land, Rights, Laws: Issues of Native Title. Issues Paper, no. 13.

Flood, S., 1996, 'Application for Determination of Native Title (Murray Darling Association Inc. Conference)', in Implementing the Native Title Act: First Steps, Small Steps. Selected Discussion Papers of the National Native Title Tribunal (1994-1995), National Native Title Tribunal, Perth, WA, pp. 1-6.

Flood, S., 1997, 'The Spirit of Mabo – the Land Needs the Laughter of Children: Native Title and the Achievements of Aboriginal People', in Implementing the Native Title Act: the Next Step: Facilitating Negotiated Agreements. Selected Discussion Papers of the National Native Title Tribunal 1996, Meyers Gary D, ed, National Native Title Tribunal, Perth, pp. 102-109.

French, R.S., 1996, 'Discussion Paper on Proposed Changes to the Native Title Act 1993', in Implementing the Native Title Act: First Steps, Small Steps. Selected Discussion Papers of the National Native Title Tribunal (1994-1995), Meyers, G.D., (ed.), National Native Title Tribunal, Perth, WA, pp. 74-90.

French, R.S., 1996, Further Response To Native Title Amendment Bill 1996 (As Introduced on 27 June 1996): Including Additions Made by Proposed Government Amendments to the Bill (Released on 8 October 1996), National Native Title Tribunal, Perth.

French, R.S., 1996, 'Introductory Notes for Mediation Conference (Firs t Mediation Conference – Wellington Town Common Committee and Parties)', Implementing the Native Title Act: First Steps, Small Steps. Selected Discussion Papers of the National Native Title Tribunal (1994-1995), Meyers, G.D., (ed.), National Native Title Tribunal, Perth, WA, pp. 7-9.

French, R.S., 1996, 'Issues to Date: Parliamentary Committee on Native Title', in Implementing the Native Title Act: First Steps, Small Steps. Selected Discussion Papers of the National Native Title Tribunal (1994-1995), Meyers, G.D., (ed.), National Native Title Tribunal, Perth, WA, pp. 10-16.

National Native Title Tribunal 85 French, R.S., 1996, 'Parliament The Executive', The Courts and the People. Deakin Law Review, Vol. 3 No. 1 pp. 1-22. French, R.S., 1997, 'Local and Regional Agreements', Land, Rights, Laws: Issues of Native Title. Regional Agreements paper no. 2, Pyle, Anne, ed, Australian Institute of Aboriginal and Torres Strait Islander Studies, Native Title Research Unit, Canberra. French, R.S., 1997, 'The National Native Title Tribunal and the Native Title Act, Agendas for Change', in Implementing the Native Title Act: the Next Step: Facilitating Negotiated Ag re e m e n t s. Selected Discussion Papers of the National Native Title Tribunal 1996, Meyers Gary D, ed, National Native Title Tribunal, Perth, pp. 24-51. French, R.S., 1997, 'The National Native Title Tribunal's Experience: Promise, Pain and Progress', in Commercial Implications of Native Title, Horrigan Bryan, Young Simon, eds, Federation Press, Sydney, pp. 29-60. French, R.S., 1997, ‘Native Title Evolution of a Revolution’, Doing Business with Aboriginal Communities, 10-12 March, Kalgoorlie, AIC Conferences, Sydney. French, R.S., 1997, Native Title – the Operation and Effect of the Proposed Reform Package. 29 April 1997, National Native Title Tribunal, Perth. (Wik summit Cairns, July 1997). French, R.S., 1997, ‘Wik – What Do We Do Now’, Wik Summit Papers I, 21-24 January, Cairns, Calley, K. and Person N., eds, Cape York Land Council, Cairns. Gray, P.R.A., 1997, 'Stealing Back to My Same Old Used to Be: Land Claims and the Stolen Generation', Implementing the Native Title Act: the Next Step: Facilitating Negotiated Ag re e m e n t s. Selected Discussion Papers of the National Native Title Tribunal 1996, Meyers Gary D, ed, National Native Title Tribunal, Perth, pp. 110-114. Lane, P., 1996, 'Western Australia's Response to the High Court Decision', in Implementing the Native Title Act: First Steps, Small Steps. Selected Discussion Papers of the National Native Title Tribunal (1994-1995), Meyers, G.D., (ed.), National Native Title Tribunal, Perth, WA, pp. 40-46. Lane, P., McRae, T., 1997, 'Sustainable Partnerships', p. Paper 16 in Working With the Native Title Act: the Political & Commercial Realities, 16 Jun-17 Jun, Brisbane, AIC Conferences, Sydney. Mah, D.C.H., 1996, 'Compensation Issues – A Discussion Paper', in Implementing the Native Title Act: First Steps, Small Steps. Selected Discussion Papers of the National Native Title Tribunal (1994-1995), Meyers, G.D., (ed.), National Native Title Tribunal, Perth, WA, pp. 16-26.

86 National Native Title Tribunal Meyers, G.D., ed, Implementing the Native Title Act: First Steps, Small Steps. Selected Discussion Papers of the National Native Title Tribunal (1994-1995), Perth , 1996, National Native Title Tribunal.

Meyers, G.D., 1996, 'WA v Commonwealth of Australia. A Case Note and Commentary on the Implications of the High Court Decision for the National Native Title Tribunal', in Implementing the Native Title Act: First Steps, Small Steps. Selected Discussion Papers of the National Native Title Tribunal (1994-1995), Meyers Gary D, (ed.), National Native Title Tribunal, Perth, WA, pp. 16-26.

Meyers, G.D., ed, 1996, The Way Forward: Collaboration and Cooperation 'in Country'. Proceedings of the Indigenous Land Use Agreements Conference (26-29 September 1995, Darwin, Northern Territory, Australia), 2nd ed (ed.), National Native Title Tribunal, Perth.

Meyers, G.D., ed, 1997, Implementing the Native Title Act: the Next Step: Facilitating Negotiated Agreements. Selected Discussion Papers of the National Native Title Tribunal 1996, National Native Title Tribunal, Perth.

Meyers, G.D., O'Dell, M., Wright, G., and Muller, S.C., 1996, A Question of Sea Rights: the Application of Native Title to Australia's Territorial Seas. Draft Discussion Paper No 01/96 (1 August 1996), National Native Title Tribunal, Perth.

Meyers, G.D., O'Dell, M., Wright, G., and Muller, S.C., 1996, A Sea Change in Land Rights Law: the Extension of Native Title to Au s t ralia's Offshore Are a s, Au s t ralian Institute of Aboriginal and Torres Strait Islander Studies, Canberra.

Neate, G., 1997, 'Proof of Native Title', in Commercial Implications of Native Title, Horrigan Bryan, Young Simon, eds, Federation Press, Sydney, pp. 240-319.

Ritter, D., 1996, 'Digest (December 1995)', in Implementing the Native Title Act: First Steps, Small Steps. Selected Discussion Papers of the National Native Title Tribunal (1994-1995), Meyers, G.D., (ed.), National Native Title Tribunal, Perth, WA, pp. 74-90.

Seaman, P., 1997, 'Negotiating for the Future: Local, Regional & National Settlements: the Mediation of Intra-Indigenous Disputes in the Australian Native Title Process', in Implementing the Native Title Act: the Next Step: Facilitating Negotiated Agreements. Selected Discussion Papers of the National Native Title Tribunal 1996, Meyers Gary D, ed, National Native Title Tribunal, Perth, pp. 183-189.

National Native Title Tribunal 87 Seaman, P., 1997, 'Wik and Native Title: Notes for an Address to the K i m b e r l ey Society', – 5 Fe b r u a r y, Unive rsity of We s t e r n Australian, National Native Title Tribunal, Perth. Sumner, C.J., 'National Native Title Tribunal – Native Title Negotiation and Arbitration Involving the Mining Industry – Experiences So Far', Native Title and the Mining Industry Conference, 30 May, Scarborough, WA. Sumner, C.J., 1996 , 'Native Title – From Mabo to 1997 and Beyond', Resources Week 96 Convention, 4 Dec, Glenelg, SA, Mines & Energy South Australia, Adelaide. Wells, B., 1997, 'The Independent Umpire: "Future Act" Determinations Under Sections 35, 38 and 39(1) Native Title Act 1993 (Cth)', in Implementing the Native Title Act: the Next Step: Facilitating Negotiated Agreements. Selected Discussion Papers of the National Native Title Tribunal 1996, Meyers Gary D, ed, National Native Title Tribunal, Perth, pp. 52-82. Wootten, H., 1996, 'The Rights and Recognition of Indigenous Pe o p l e : Consequential Land Management Impacts on the Environment and on the Recognition of Native Title National Environmental Law Conference', in Implementing the Native Title Act: First Steps, Small Steps. Selected Discussion Papers of the National Native Title Tribunal (1994-1995), Meyers, G.D., (ed.), National Native Title Tribunal, Perth, WA, pp. 60-73. Wootten, H., 1996, 'Some Thoughts on Native Title and Doing Business (AIC Conference on 'Doing Business With Aboriginal Communities')', in Implementing the Native Title Act: First Steps, Small Steps. Selected Discussion Papers of the National Native Title Tribunal (1994-1995), Meyers, G.D., (ed.), National Native Title Tribunal, Perth, WA, pp. 47-52. Wootten, H., 1997, 'Negotiation, Mediation and Third Party Decision in the Age of Native Title', in Implementing the Native Title Act: the Next Step: Facilitating Negotiated Agreements. Selected Discussion Papers of the National Native Title Tribunal 1996, Meyers Gary D, ed, National Native Title Tribunal, Perth, pp. 190-198.

88 National Native Title Tribunal APPENDIX IV STAFFING

TABLE 5 – Tribunal staff representation of EEO Groups with salary levels as at 30 June 1997 ATSI Salary Range Total Male Female PWD NESB Male Female $23,938 – $26,457 (ASO1) $27,091 – $30,042 (ASO2) 24 6 18 3 4 1 10 $30,857 – $33,304 (ASO3) 16 4 12 3 2 $34,391 – $37,341 (ASO4) 28 6 22 1 2 3 $38,359 – $40,675 (ASO5) 8 2 6 1 1 $41,430 – $47,591 (ASO6 equivalent) 31 12 19 4 3 1 1 $31,793 – $61,350 (LGL1) $67,275 – $70,331 (LGL2) 1 1 $53,688 – $61,350 (PAO3) 1 1 $28,890 – $40,531 (PO1) 4 4 $41,430 – $46,300 (PO2) 1 1 $50,931 – $55,170 (SOG C equivalent) 23 13 9 1 3 $57,983 – $66,175 (SOG B equivalent) 15 8 7 $68,497 (SOGA) 2 1 1 SES $72,045 – $82,120 2 1 1 REG $85,068 1 1 MEM $102,192 12 8 4 1 2 DEP PRES $139,662 5 4 1 CATEGOR Y TOT ALS 173 66 107 10 16 4 17 * NESB A combination of:first generation non-English speaking background staff (people born overseas who arrived in Australia after the age of five years) and second generation non-English speaking background staff (people who arrived in Australia before the age of five, and Australian-born people whose parents are first generation from non-English speaking background). *ATSI Aboriginal and Torres Strait Islander people. * PWD People with Disabilities (a person who identifies themselves as having an impairment, either physical or mental).

The EEO figures above do not reflect the total number of staff employed by the Tribunal. The provision of EEO information by staff is not compulsory. The total number of staff employed by the Tribunal is 177. 49 permanent males, 89 permanent females, 6 temporary part time male and 8 part time temporary females.

National Native Title Tribunal 89 PERFORMANCE PAY

The Tribunal adopted the Performance Appraisal Principles, Guidelines and Good Practice published by the Public Service and Merit Protection Commission. Performance agre e m e n t s apply to all senior executive officers and senior officers. The Tribunal no longer has a performance based pay program in place. No performance based pay was approved during the reporting period.

PROFESSIONAL DEVELOPMENT AND TRAINING

The Tribunal spent a total of $404,047.33 on training for the reporting period. $371,126.06 (including travel costs) was spent on attending courses, and $32,321.30 was spent on consultants. Staff were involved in a total of 905 training days for the reporting period. The table following outlines the types of training attended by staff and the number of staff who attended.

Training Course Type No. of Staff Attended Management 52 TABLE 6 Operational 158 Professional 10 Information technology 190 EEO, ID, OH&S 106 Career Development 50 Dispute resolution 44 Cross Cultural Awareness training 54 External conferences and seminars 76

Member Tony Lee with his assistant Annemarie Paddick.

90 National Native Title Tribunal APPENDIX V CONSULTANTS

Policy and procedures have been established for the engagement of consultants. The Tribunal has engaged consultants in a range of functions, more commonly in mediation, information technology, process review and staff training and development. The Tribunal’s selection and appointment process involves considering alternatives to engagement, including whether the consultancy is essential to the operation of the Tribunal, whether the work might provide developmental opportunities for staff and budgetary constraints. The process also includes a structured selection process in accordance with the Co m m o n wea l t h ’ s proc u r ement guidelines. Contracts include performance measures such as materials or service product, time frames for deliver y , and delivery and implementation.

TABLE 7 – Consultants engaged by the Tribunal during the reporting period

Consultant Project Cost Barton Consultants Complexity index consultancy 17,256.05 Daryl Pearce & Associates Mediations/Airfare 12,822.16 Davidson Trahair Mediations 2,742.50 John Howard Mediations 2,672.23 Petter Sutton Research/seminars/workshops 33,675.56 Alex Barlow Seminar lecture 133.70 Caroline Woo Seminar lecture 267.40 Henry Reynolds Seminar lecture 267.40 Annimac Consultants Business planning 500.00 Indigenous Training Consultants Culture awareness training 9,350.00 Australian Quality Council Project management training 4,800.00 Bandt Gatter Corporate planning 1,570.00 Management Solutions Programming on Finest 419.25 Gary Meyers Research projects 4,750.00 Quality Consulting Process improvement workshop 9,680.00 University of Western Australia Aboriginal Society and Culture consultancy 200.00 Civic Securities Redundancy consultant 300.00 Shaw Knell Financial Group Financial planning 300.00 Platinum Pty Ltd Internet homepage 19,950.00 Platinum Pty Ltd Agreements database 24,000.00 Platinum Pty Ltd Lotus notes planning & implementation 27,000.00 Computer Power Ltd IT support/help desk for Brisbane 29,230.00 Sage Computing Pty Ltd Oracle database administration 9,000.00 Computer Power Ltd CMS – various enhancements 22,500.00 AlphaWest Pty Ltd CMS performance improvement 5,560.00 Davis Computer Consultants Finest system maintenance 4,000.00 Latcom Pty Ltd Finest system maintenance 3,000.00 JKN Consulting It help desk – Sydney 1,010.00 Integra Pty Ltd Middle management training/ Regional co-ordinator workshop/ Training needs analysis 21,802.80 Total $268,759.05

National Native Title Tribunal 91 APPENDIX VI FREEDOM OF INFORMATION

No formal Freedom of Information requests were received during the reporting period. Further information is available at page 95.

CATEGORIES OF DOCUMENTS

The Tribunal Registries maintain the following categories of documents: • Documents in connection to applications lodged with the Tribunal relating to areas within the State boundaries in which the Registry is located; • A register of applications lodged with the Tribunal, including a brief statement of the area subject to claim, the native title rights and interests claimed and a map of the relevant area; • Procedures promulgated by the President; • General correspondence; •Registry manuals; and •Working files dealing with applications lodged with the Tribunal, including internal memoranda and correspondence. The Tribunal also maintains a computer database containing details of applications commenced in the Tribunal since 1 January 1994. The following categories of documents are open to public access in accordance with an enactment (other than the Freedom of Information Act 1982) where the access is subject to a fee or other charge: • The Register of Native Title Claims (section 187 Native Title Act 1993); and • The Native Title Register (section 192 Native Title Act 1993). The following categories of documents are available for purchase by the public: • Transcripts of inquiries, or hearings available upon application to the Commonwealth Reporting Service (Auscript); • Copies of documents contained on the working file (available subject to application and payment of a charge of 50 cents per page photocopying fee, subject to the discretion of the Registrar under section 188 of The Native Title Act 1993); • Reasons for decisions (available subject to application and payment of the photocopying fee); • Publications such as discussion papers, etc; and •Register extracts of applications received by the Tribunal, with A4 maps associated with the application.

92 National Native Title Tribunal The following categories of documents are available free of charge upon request from the Tribunal or as indicated * on the homepage: • * Procedural guide to instituting applications in the Tribunal; •* Procedures of the Tribunal published by the President; • * Table of applications current in the Tribunal with current status; • * Native Title Questions & Answers; •Tribunal Profile; • * Assistance to applicants guide; • * Application forms; • Local Government booklet; • Native Title Update (national newsletter); • Queensland Native Title News; and • * Publications List.

FACILITIES FOR ACCESS

Facilities for examining documents and obtaining copies are available at the addresses shown at page 82. Documents available free of charge upon request (other than under the Freedom of Information Act 1982) are available from the Principal registry at the address given at page 82. The public registers may be inspected and copies purchased from any registry of the Tribunal.

FOI PROCEDURES AND INITIAL CONTACT POINTS

The Registrar and Tribunal officers will assist applicants to identify the documents they seek. The only officer authorised to deny access to documents is the Registrar. Inquiries concerning access to documents or other matters relating to freedom of information should be directed to the Registrar at the Principal registry.

National Native Title Tribunal 93 INTERNAL AND EXTERNAL SCRUTINY , PPENDIX A VII SOCIAL JUSTICE AND EQUITY

FINANCIAL SCRUTINY

In accordance with section 133 of the Native Title Act 1993 the Auditor-General reports to the Attorney-General on the Tribunal's financial statements which have been prepared in accordance with the Guidelines on Financial Statements of Commonwe a l t h Departments issued by the Minister for Finance in June 1997. The Audit of the Tribunal's 1996/97 financial statements by the Australian National Audit Office was qualified. The audit certificate appears on page 97 of this report. The Tribunal has internal audit pro c e d u res to ensure compliance with re l eva n t legislation. This audit includes salaries and allowances, accounts receivable and payable, purchasing, travel and asset management.

PARLIAMENTAR Y SCRUTINY

The Tribunal is scrutinised by the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund. Its duties are to consult extensively about the implementation and operation of the Act; to examine each annual report; to inquire into any question in connection with its duties that is referred to it by the Parliament; and to report to the Parliament on that question; and at the end of two years after the commencement of the Act, to inquire into a range of matters including the effectiveness of the Tribunal pursuant to section 206(d). The Parliamentary Joint Committee and the Tribunal have met three times formally within the reporting period. The Parliamentary Joint Committee has tabled four reports in Parliament relating to the operations of the Tribunal and the Native Title Act 1993 within the reporting period. They are: •Fourth report – The National Native Title Tribunal annual report 1994-1995, tabled 21 August 1996; • Sixth report – The Native Title Amendment Bill 1996, and supplement to report: Responses to adverse mentions pursuant to resolution of the Senate, tabled 18 November 1996; • Seventh report – The Native Title Amendment Bill 1996 and the Racial Discrimination Act, tabled 12 December 1996; and • Ninth report – The National Native Title Tribunal annual report 1995-96, tabled 16 June 1997. In response to the Parliamentary Joint Committee’s recommendation in their sixth report the Tribunal has amended its conflict of interest policy to read "Members and staff of the Tribunal are expected to accept that the purpose of the Tribunal is to facilitate the recognition and protection of native title".

OMBUDSMAN

Individuals can ask the Au s t ralian Commonwealth Ombudsman to inve s t i g a t e s complaints about Commonwealth Government departments' and agencies' actions to see if they are unlawful, wrong, unjust or discriminatory. No investigations by the Ombudsman have taken place regarding the Tribunal within the reporting period.

94 National Native Title Tribunal JUDICIAL REVIEW

There are rights of appeal to the Federal Court from decisions and determinations of the Tribunal under section 169 of the Native Title Act as follows: 1. appeals from a right to negotiate determination by the Tribunal; 2. appeals from a Presidential Member’s decision not to accept an application; 3. appeals from a Presidential Member’s decision that a person’s interest would not be affected by a determination. During the reporting period there were five appeals from decisions in category 1. Refer to page 58 for further information on future act litigation. There were no appeals commenced in categories 2 and 3 in the reporting period although a number were carried over from the previous period. Reviews of certain Tribunal decisions are also available under the Administrative Decisions(Judicial Review) Act 1977 (AD(JR) Act). In respect of future act matters there were four requests for a review of Tribunal determinations. A review under the AD(JR) Act may allow for broader grounds for review than that available under the Native Title Act. From the perspective of the Tribunal’s notification processes an important decision was handed down in WMC Resources Pty Ltd and anor v Lane which arose from a decision of the Registrar not to give individual notice of a native title application to two mining companies, chiefly due to the costs involved in notifying all tenement holders in the claim area. The Federal Court, in handing down his decision on 19 March 1997, held that the notification provisions of subsection 66(2) were mandatory in the sense that if they were not followed subsequent actions in respect of the application would not be valid. This caused the Tribunal to give individual notification in a number of application matters to ensure that subsequent steps in those applications were valid. Refer to page 27 for further discussion of the issues.

FREEDOM OF INFORMATION SCRUTINY

There have been three requests under Freedom of Information. These were considered to be informal requests since they were not accompanied by the relevant fee and remittal of the fee was not requested. Two were, in reality, requests for information and reasons for decisions or actions, rather than documents and were answered in full. The third related to documents which were considered not to be within the possession of the Tribunal.

OTHER EXTERNAL SCRUTINY

The Tribunal seeks external scrutiny and feedback on its operation from stakeholders participating in regular meetings of the Tribunal's National and State Liaison Committees in all States and Territories. The Tribunal conducted a round of liaison committee meetings with government, industry, and Indigenous stakeholders in 1996 which sought to elicit views on the way the Tribunal should carry out the mediation process; the type of education and training in which the Tribunal should engage (both within the wider community and in specific mediations); and the role of the Tribunal in providing information and other research during mediation.

National Native Title Tribunal 95 Members of the Committees have commented that the liaison workshops conducted in 1996 were useful, and a similar format has been adopted for meetings in 1997. The suggestions and discussion in the workshop groups has been very helpful to the Tribunal in shaping the delivery of its mediation services. The National Liaison Committee workshop groups in 1997 will be invited to consider the mediation practices of the Tribunal in the light of developments over the past year; how mediation might be affected by proposed amendments to the Act; and strategies for dealing with the interests of non- government and non-indigenous parties in mediation. In 1997, the Liaison Committee meetings in the States and Territory are focussing more on discussion of regional issues. The Native Title Act and the Tribunal are also subject to scrutiny and comment by the Aboriginal and Torres Strait Islander Social Justice Commissioner.

SOCIAL JUSTICE AND EQUITY

The Tribunal’s commitment to social justice and equity is embedded in all its policies and operations. The Tribunal’s employment demographics are above the Australian Public Service average for employment of indigenous staff and women. Women in the Tribunal are well represented at senior and executive levels. This year the Tribunal: • developed and implemented the Springboard Program for women in non-management positions (previously discussed in goal five). This program supports the career and personal development of women. The initial intake of participants includes a substantial number of Indigenous staff; • established the Aboriginal and Torres Strait Islander Network of staff (further information available at goal four). This group provides advice to the Tribunal on Indigenous social, cultural and other issues relevant to policy and operations, and supports the career development of Indigenous staff; • reviewed and continued a program of cultural awareness training for all staff (further information is available at goal four); and • planned and participated in a range of events designed to improve staff understanding of cultural diversity, particularly as it relates to Indigenous issues (as discussed at goal four). For external clients the Tribunal provides a free call 1800 telephone number and a home page on the World Wide Web (more information regarding both of these are available at goal five).

96 National Native Title Tribunal AUDIT REPORT AND PPENDIX A VIII NOTES TO THE FINANCIAL ST ATEMENT

NATIONAL NATIVE TITLE TRIBUNAL INDEPENDENT AUDIT REPOR T

To the Attorney-General and Minister for Justice

Scope I have audited the financial statements of the National Native Title Tribunal for the year ended 30 June 1997. The statements comprise: • Statement by Registrar and Principal Accounting Officer • Departmental and Administered statements of: – Revenues and Expenses – Assets and Liabilities – Cash Flows • Schedule of Commitments • Schedule of Contingencies • Statement of Transactions by Fund, and • Notes to and forming part of the Financial Statements. The Registrar and Executive Officer are responsible for the preparation and presentation of the financial statements and the information contained therein. I have conducted an independent audit of the financial statements in order to express an opinion on them to you, the Attorney-General and Minister for Justice. The audit has been conducted in accordance with Australian National Audit Office Auditing Standards, which incorporate the Australian Auditing Standards, to provide reasonable assurance as to whether the financial statements are free from material misstatement. Audit procedures included examination, on a test basis, of evidence supporting the amounts and other disclosures in the financial statements, and the evaluation of accounting policies and significant accounting estimates. These procedures have been undertaken to form an opinion whether, in all material respects, the financial statements are presented fairly in accordance with Australian Accounting Standards, other mandatory professional reporting requirements (Urgent Issues Group Consensus Views) and statutory requirements so as to present a view which is consistent with my understanding of the Tribunal’s financial position, the results of its operations and its cash flows. The audit opinion expressed in this report has been formed on the above basis.

Add r ess all mail to: GPO Box 707 CANBERRA ACT 2601 Ce n t e n a r y House 19 National Circuit BAR TON ACT 2600 Phone (06) 203 7300 Fax (06) 203 7777

National Native Title Tribunal 97 Audit Opinion In accordance with subsection 51(1) of the Audit Act 1901 and subsection 133(3) of the Native Title Act 1993, I now report that the financial statements are in agreement with the accounts and records of the National Native Title Tribunal kept in accordance with section 40 of the Audit Act 1901 and section 134 of the Native Title Act 1993 and in my opinion: • the statements are based on proper accounts and records; • the statements are in accordance with the Guidelines for Financial Statements of Commonwealth Departments; • the statements present fairly in accordance with applicable Accounting Standards and other mandatory professional reporting requirements, the information required by the G u i d e l i n e s, including the results of departmental and administered financial operations and cash flows for the year ended 30 June 1997 and departmental and administered assets and liabilities as at that date; and • the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Tribunal during the year have been in accordance with the Native Title Act 1993.

Australian National Audit Office

C.M. McPherson Executive Director

For the Auditor-General

Canberra 29 September 1997

98 National Native Title Tribunal STATEMENT BY THE REGISTRAR AND PRINCIPAL ACCOUNTING OFFICER

Certification We certify that the financial statements for the period 1 July 1996 to 30 June 1997 are, in our opinion, in agreement with the Tribunal’s accounts and records and the statements present fairly the information required to be disclosed by the Guidelines for Financial Statements for Departments issued by the Minister for Finance.

PATRICIA LANE MARY-LOUISE DAVIES Registrar Executive Officer

26 September 1997

National Native Title Tribunal 99 NATIONAL NATIVE TITLE TRIBUNAL DEPARTMENTAL REVENUES AND EXPENSES FOR THE YEAR ENDED 30 J UNE 1997

Notes 1996/97 1995/96 NET COST OF SERVICES Expenses Employee Expenses 3 9,468,582 6,321,965 Other Administrative Expenses 4 __ _ 7,383,883______6,454,362______Total expenses 16,852,465 12,776,327 Revenues from independent sources Other revenues from independent sources 5 __ _ _ _ 78,168______31,254_ _ _ _ _ Total operating r evenues from independent sources 78,168 31,254 Net cost of services _16,774,297______12,745,073______

REVENUES FROM GOVERNMENT Appropriations used for: Ordinary annual services (net appropriation) 17,641,487 14,599,965 Resources received free of charge from other departments 6 __ _ _ _ 23,643______18,809_ _ _ _ _ Total r evenues from g overnment 17,665,130 14,618,774 Operating surplus/deficit befor e extraordinary items __ _ _ 890,833______1,873,701______Net revenues or expenses from extraordinary items ______Nil______Nil_ _ Operating surplus/deficit __ _ _ 890,833______1,873,701______Accumulated results at beginning of reporting period 2,600,584 726,883 Accumulated surpluses at end of reporting period __ _3,491,417 ______2,600,584______

ADMINISTERED REVENUES AND EXPENSES for the year ended 30 June 1997 Re venues Other taxes, fees and fines 7 74,988 108,746 Other ______5,127______12,728_ _ _ _ _ Total Re venues 80,115 121,474

Expenses Refund of fees 7 796 300 Other ______69______Nil_ _ Total Expenses 865 300 Net contributions to g overnment 79,250 121,174 Transfers Cash from Commonwealth Public Account 865 Nil Cash to Commonwealth Public Account (79,925) Nil Adjustments Whole of Government Team adjustments 7 (129,238) Nil Net change in administered assets (129,048) 121,174 Accumulated results at 1 July 131,372 10,198 Accumulated results at 30 June 2,324 131,372

100 National Native Title Tribunal NATIONAL NATIVE TITLE TRIBUNAL DEPARTMENTAL ASSETS AND LIABILITIES AS AT 30 J UNE 1997

Notes 1996/97 1995/96 DEBT Loans,Leases,Deposits,Overdrafts Nil Nil Other debt ______Nil______Nil_ _ Total debt ______Nil______Nil_ _ PR OVISIONS AND P AYABLES Employees 8 1,515,435 881,198 Suppliers 9 137,136 181,210 Other provisions and payables ______Nil______Nil_ _ Total pr ovisions and pa yables __ 1,652,571______1,062,408______EQUITY

Capital of trust accounts Nil Nil Accumulated results 3,491,417 2,600,584 Reserves ______Nil______Nil_ _ Total equity 10A 3,491,417 2,600,584 Total liabilities and equity __ _5,143,988 ______3,662,992______FINANCIAL ASSETS Cash 24,593 3,650 Receivables 11A 1,789,354 13,497 Other 11C __ _ _ _ 52,596______1,321,047______Total financial assets 1,866,543 1,338,194 NON-FINANCIAL ASSETS Land and buildings 12A 1,622,681 717,503 Infrastructure, plant and equipment 12B 1,267,864 1,262,487 Intangibles 12C __ _ _ 386,900______344,808______Total non-financial assets 12D 3,277,445 2,324,798 Total assets __ 5,143,988______3,662,992 ______Cur rent Liabilities 1,031,555 673,945 Non-Cur rent Liabilities 621,016 388,463 Cur rent Assets 1,866,543 1,338,194 Non-Cur rent Assets 3,277,445 2,324,798

National Native Title Tribunal 101 NATIONAL NATIVE TITLE TRIBUNAL DEPARTMENTAL ASSETS AND LIABILITIES AS AT 30 J UNE 1997 ( CONTINUED)

Notes 1996/97 1995/96 ADMINISTERED ASSETS AND LIABILITIES as at 30 June 1997 DEBT Nil Nil PR OVISIONS AND P AYABLES Nil Nil EQUITY Accumulated results ______2,324______131,372______Total Equity 10B 2,324 131,372 FINANCIAL ASSETS Receivables 11B 2,324 2,134 Whole of Government Team adjustments ______Nil______129,238______Total Financial assets 2,324 131,372 NON-FINANCIAL ASSETS Nil Nil Total assets ______2,324______131,372______Cur rent liabilities Nil Nil Non-cur rent liabilities Nil Nil Cur rent Assets 2,324 131,372 Non-cur rent assets Nil Nil

102 National Native Title Tribunal NATIONAL NATIVE TITLE TRIBUNAL DEPARTMENTAL CASH FLO WS FOR THE YEAR ENDED 30 J UNE 1997

Notes 1996/97 1995/96 OPERATING ACTIVITIES Cash received Appropriations 15,857,487 14,599,965 Sales of goods and services 78,168 31,254 Other ______Nil______Nil_ _ Total cash received 15,935,655 14,631,219 Cash used Employees 8,834,345 5,776,427 Suppliers 5,124,508 5,924,908 Other ______Nil______Nil_ _ Total cash used 13,958,853 11,701,335 Net cash from operating activities 13 __ _1,976,802 ______2,929,884______

INVESTING ACTIVITIES Cash received ______Nil______Nil_ _ Cash used Purchase of property, plant and equipment 1,955,859 2,928,240 Other Nil Nil Total cash used 1,955,859 2,928,240 Net cash from in vesting activities __ (1,955,859)______(2,928,240)______

FINANCING ACTIVITIES Cash received Nil Nil Cash used Nil Nil Net cash from financing activities ______Nil______Nil_ _ Net increase in cash held 20,943 1,644 add cash at beginning of reporting period ______3,650______2,006_ _ _ _ Cash at end of reporting period __ _ _ _ 24,593______3,650_ _ _ _

National Native Title Tribunal 103 NATIONAL NATIVE TITLE TRIBUNAL DEPARTMENTAL CASH FLO WS FOR THE YEAR ENDED 30 J UNE 1997 ( CONTINUED)

Notes 1996/97 1995/96 ADMINISTERED CASH FLOWS for the year ended 30 June 1997 OPERATING ACTIVITIES Cash received Fees 74,439 117,169 Cash from CPA 865 300 Other ______5,486______12,369_ _ _ _ _ Total cash received 80,790 129,838 Cash used Refund of Filing Fees 796 300 Cash to CPA 79,925 129,538 Other ______69______Nil_ _ Total cash used 80,790 129,838 Net increase in cash held Nil Nil add cash at beginning of reporting period Nil Nil Cash at end of reporting period Nil Nil

104 National Native Title Tribunal NATIONAL NATIVE TITLE TRIBUNAL SCHEDULE OF COMMITMENT S FOR THE YEAR ENDED 30 J UNE 1997

Notes 1996/97 1995/96 BY TYPE

CAPITAL COMMITMENTS Land and buildings Nil Nil Infrastructure, plant and equipment 41,614 45,822 Investments Nil Nil Other capital commitments Nil Nil ______Total capital commitments 41,614 45,822

OTHER COMMITMENTS Operating leases 394,416 482,855 Project commitments Nil Nil Research and development Nil Nil Other commitments 100,703 116,987 ______Total other commitments 495,119 599,842

COMMITMENTS RECEIVABLE Other commitments receivable ______Nil______Nil_ _

Total commitments receivable ______Nil______Nil_ _ Net commitments __ _ _ 536,733______645,664______

BY MATURITY One year or less 317,253 294,497 From one to two years 131,688 131,688 From two to five years 87,792 219,479 Over five years Nil Nil ______Net commitments 536,733 645,664

National Native Title Tribunal 105 NATIONAL NATIVE TITLE TRIBUNAL SCHEDULE OF CONTINGENCIES FOR THE YEAR ENDED 30 J UNE 1997

Departmental Administered Note 1996-97 1995-96 1996-97 1995-96 CONTINGENT LOSSES Guarantees to Public –––– Trading Enterprises –––– Guarantees to Public –––– Financial Enterprises –––– Other guarantees –––– Indemnities –––– Uncalled shares –––– Claims for damages/costs –––– Other –––– Total contingent losses –––– CONTINGENT GAINS –––– Net contingencies 18 ––––

SCHEDULE OF UNQUANTIFIABLE CONTINGENCIES Departmental Nil

Administered Nil

106 National Native Title Tribunal NATIONAL NATIVE TITLE TRIBUNAL ST ATEMENT OF TRANS ACTIONS BY FUND FOR THE YEAR ENDED 30 J UNE 1997

Notes 1996-97 1996-97 1995-96 Budget Actual Actual Consolidated Revenue Fund RECEIPTS Fees 106,000 73,574 116,869 Miscellaneous Nil 5,486 12,369 Departmental Section 35 of the Audit Act 1901 – to be credited to Running Costs __ _ _ _ 37,000______78,168______31,254_ _ _ _ _ Total Receipts __ _ _ 143,000______157,228______160,492______

EXPENDITURE Expenditure from annual appropriations: Appropriation Acts No. 1 & 3 14 17,941,168 15,935,656 14,631,219 Appropriation Acts No. 2 & 4 ______Nil______Nil______Nil_ _ Total Expenditur e _17,941,168______15,935,656______14,631,219______

Loan Fund RECEIPTS Nil Nil Nil EXPENDITURE ______Nil______Nil______Nil_ _

Trust Fund Comcare Trust Account 15 Receipts Nil 26,439 21,999 Expenditure ______Nil______27,720______16,534_ _ _ _ _

National Native Title Tribunal 107 NATIONAL NATIVE TITLE TRIBUNAL NOTES TO AND FORMING PART OF THE FINANCIAL ST ATEMENTS FOR THE YEAR ENDED 30 J UNE 1997

Note 1 – Departmental Objectives The objective of the National Native Title Tribunal is to facilitate the recognition of Native Title.

Note 2 – Summary of Significant Accounting Policies

2.1 Basis of Accounting The financial statements are required by section 50 of the Audit Act 1901 and are a general purpose financial report. The statements have been prepared in accordance with • Guidelines titled Financial Statements of Commonwealth Departments issued by the Minister for Finance in June 1997 (the ‘Guidelines’), which require that the financial statements are prepared • in compliance with Australian Accounting Standards and Accounting Guidance Releases issued by the Au s t ralian Accounting Re s e a rc h Foundation, and • having regard to Statements of Accounting Concepts, and • the Consensus Views of the Urgent Issue Group. Where it is not practicable to adopt the 1997 Guidelines in full, departments are permitted continuing compliance with the previous (1995) version. The Minister for Finance has approved in writing the following variation to the Guidelines in respect of the National Native Title Tribunal: • the display of the item “Other taxes, fees and fines” in the statements of Administered Revenues and Expenses • the making of adjustments arising from changes in accounting policy mentioned at note 2.3 against the 1 July 1996 balance of administered accumulated results. The financial statements have been prepared on an accrual basis and are in accordance with the historical cost convention. Except where stated, no allowance is made for the effect of changing prices on the results or the financial position. The continued existence of the Tribunal in its present form is dependent on Government policy and on continuing appropriations by Parliament for the Tribunal’s administration.

2.2 Changes in Accounting Policy A number of the changes made in the 1997 Guidelines involve changes to accounting policies. These and other changes made are identified in this Note.

108 National Native Title Tribunal 2.3 Departmental and Administered items Departmental assets, liabilities, revenues and expenses are those items that are controlled by the Tribunal, including: • computers, plant and equipment used in providing goods and services; • liabilities for employees entitlements; • revenues from running cost appropriations; • revenues from user charging etc where the proceeds are deemed appropriated under section 35 of the Audit Act 1901; and • employee expenses and other administrative expenses incurred in providing goods and services. Administered items are those items which are controlled by the Government and managed or oversighted by the Tribunal on behalf of the Government. These items include fees and revenue from major asset sales. The purpose of the separation of administered and departmental items is to enable the assessment of administrative efficiency of the Tribunal in providing goods and services. The basis of accounting described in Note 2.1 applies to both departmental and administered items. The 1997 Guidelines require that, from 1 July 1996, administered transactions be accounted for on a double entry basis. The effect of this requirement is that transfers of cash to and from the Commonwealth Public Account (CPA) will be reported on the face of the Statement of Administered Revenues and Expenses where operating transactions are involved, and that, where transactions involving financial assets and liabilities not arising from operations are involved, receivables from and payables to the Public Account will be recognised in the Statement of Assets and Liabilities. Administered items are distinguished from departmental items in the financial statements by shading.

2.4 Appropriations A p p ropriations for departmental operations other than running costs are recognised as revenue to the extent that the appropriations are spent. From 1 July 1996, the Guidelines require that amounts received as appropriations for departmental running costs operations are to be recognised according to their nature under the Running Costs Arrangements. Under these arrangements, the Tribunal receives a base amount of funding by way of appropriation for running costs each year. The base amount may be supplemented in any year by a carryover from the previous year of unspent appropriations up to allowable limits, as well as by borrowings at a discount against future appropriations of the base amount. The repayment of a borrowing is effected by an appropriate reduction in the appropriation actually received in the year of repayment.

National Native Title Tribunal 109 The Tribunal now recognises: • as revenue an amount equal to the base funding spent in the year or carried over to the next year, • as a receivable, an amount equal to the amount of unspent appropriation carried over to the next financial year, and • as a liability, outstanding amounts of running cost borrowings. The interest cost of the borrowing is expensed over the life of the borrowing. Previously, an amount equal to the running costs appropriation received was credited as revenue. This change in policy means that the carryover from 1995-96 of $1,173,000 is now recognised as revenue in 1996-97 in addition to the carryover of $1,784,000 for 1996-97.

2.5 Resources Received Free of Charge Services received free of charge are recognised in the statement of Revenues and Expenses as revenue when and only when a fair value can be reliably determined and the services would have been purchased if they had not been donated. Use of those resources is recognised in the Net Cost of services.

2.6 Employee Entitlements Leave The liability for employee entitlements includes provision for annual leave and long service leave. No provision has been made for sick leave as all sick leave is non-vesting and the average sick leave taken in future years by employees of the Tribunal is estimated to be less than the annual entitlement for sick leave. The liability for annual leave reflects the value of total annual leave entitlements of all employees at 30 June 1997 and is recognised at the nominal amount. The non-current portion of the liability for long service leave is recognised and measured at the present value of the estimated future cash flows to be made in respect of all employees at 30 June 1997. In determining the present value of the liability, the Tribunal has taken into account attrition rates and pay increases through promotion and inflation.

Separation and redundancy Provision is also made for separation and redundancy payments in circumstances where the Tribunal has formally identified positions as excess to requirements and a reliable estimate of the amount of the payments can be determined.

Superannuation Staff of the National Native Title Tribunal contribute to the Commonwealth Superannuation Scheme and the Public Sector Superannuation Scheme. Employer contributions amounting to $1,134,618 (1995-96 $704,363) in relation to these schemes have been expensed in these financial statements.

110 National Native Title Tribunal No liability is shown for superannuation in the Statement of Assets and Liabilities, other than the superannuation contribution on-costs associated with annual and long service leave provisions, as the employer contributions fully extinguish the accruing liability which is assumed by the Commonwealth.

2.7 Leases Operating lease payments are charged to the Statement of Revenues and Expenses on a basis which is representative of the pattern of benefits derived from the leased assets. The Tribunal had no finance leases in existence at 30 June 1997.

2.8 Cash Cash includes notes and coins held and deposits held at call with a bank or financial institution.

2.9 Bad and Doubtful debts Debts are written off as bad when so identified. The write-off is to expense or, to the extent a provision for a doubtful debt already existed, as a reversal of the provision. A provision is raised for any doubtful debts based on a review of all outstanding accounts at year end.

2.10 Acquisition of Assets Assets are recorded at cost on acquisition. The cost of acquisition includes the fair value of assets transferred in exchange and liabilities undertaken.

2.11 Property, plant and equipment

Asset recognition threshold Purchases of property, plant and equipment are recognised initially at cost in the Statement of Assets and Liabilities, except for purchases costing less than $2,000, which are expensed in the year of acquisition (other than when they form part of a group of similar items which are significant in total).

Revaluations The Finance Guidelines re q u i re that pro p e r t y, plant and equipment be progressively revalued in accordance with the ‘deprival’ method of valuation (as set out in the Guidelines on Accounting Policy for Valuation of Assets of Government Trading Enterprises) by 1 July 1999 and thereafter be revalued progressively on that basis every three years. The Tribunal is implementing its progressive revaluations as follows (changes in accounting policy from 1996-97 are indicated): • leasehold improvements will be initially revalued in the financial year 1997-98 and thereafter over successive three-year periods (previous policy was to carry these assets on the basis of the value recognised on acquisition);

National Native Title Tribunal 111 • plant and equipment will be initially revalued over the financial years 1997-98 and 1998-99 and thereafter over successive three-year periods (previous policy was to carry these assets on the basis of the value recognised on acquisition) Assets in each class acquired after the commencement of the progressive revaluation cycle will be reported on the basis of the value initially recognised on acquisition for the duration of the progressive revaluation then in progress. The financial effect of the move to progressive revaluations is that the carrying amounts of assets will reflect current values and that depreciation charges will reflect the current cost of the service potential consumed in each period. The application of the deprival method by the Tribunal values its assets at their depreciated replacement cost. Any assets which would not be replaced or are surplus to requirements are valued at net realisable value. At 30 June 1997 the Tribunal had no assets in this situation.

Depreciation and amortisation Depreciable property, plant and equipment is written-off to estimated residual value over its estimated useful life. Estimated useful lives are reviewed annually. Depreciation is calculated using the straight-line method which reflects the pattern of usage. Leasehold improvements are amortised on a straight-line basis over the lesser of the estimated useful life of the improvements or the unexpired period of the lease.

2.12 Taxation The Tribunal is exempt from all taxation except fringe benefits tax.

2.13 Insurance In accordance with Commonwealth Government policy, assets are not insured and losses are expensed as they are incurred.

2.14 Comparative Figures Where necessary, comparative figures have been adjusted to conform with changes in presentation in these financial statements.

2.15 Rounding Amounts shown in the financial statements and notes have been rounded to the nearest $1.

112 National Native Title Tribunal 1996/97 1995/96 Note 3 – Emplo yee Expenses Salaries and wages 7,672,565 4,935,585 Superannuation 1,358,273 704,364 Other 64,380 169,177 Provision for employee entitlements __ _ 373,364______512,839______9,468,582 6,321,965

Note 4 – Other Administrative Expenses Bad debts written off 413 331 Provision for depreciation – property, plant and equipment 906,562 506,083 Write off of property, plant and equipment 2,694 Nil Revaluation of plant and equipment 93,957 Nil Operating lease rental expenses 1,418,233 1,458,327 Notification advertising 266,596 226,039 Title searches/mapping 219,453 80,457 Office supplies 1,522,529 1,514,576 Consultants and Contractors 589,825 725,205 Travel 1,373,556 1,256,441 Other __ _ 990,065______686,902______7,383,883 6,454,362

Note 5 – Reconciliation of Re venues from Independent Sources Gross revenue earned User charges 70,414 26,595 Other __ _ _ _ 7,754______4,659_ _ _ _ 78,168 31,254 Amounts not recognised as departmental revenue Nil Nil 78,168 31,254 Revenue from Independent Sources User charges 70,414 26,595 Other __ _ _ _ 7,754______4,659_ _ _ _ 78,168 31,254

Note 6 – Resources Received F ree of Charg e The following resources received free of charge from other Departments have been recognised in the Statement of Revenues and Expenses: Australian National Audit Office Provision of audit services 10,500 9,500 Department of Finance Provision of accounting services – payroll processing and ledger transactions __ _ _ 13,143______9,309_ _ _ _ 23,643 18,809

National Native Title Tribunal 113 Note 7 – Administered Re venues and Expenses As at 1 July 1996 a fee of $368, was payable on lodgement of an application with the Tribunal (National NativeTitle Tribunal Regulation 7).This was increased to $500 from 1 September 1996. In certain circumstances this fee is not payable (National Native Title Tribunal Regulation 8) or is refundable (Regulation 9). A fee of $20 is payable for inspection of the Register of Native Title Claims (National Native Title Tribunal Regulation 15(1)).This fee may be waived on the grounds that payment of the fee would impose financial hardship (National Native Tribunal Regulation 15(2)).

1996/97 1995/96 Note 8 – Emplo yees Pr ovisions and P ay ables Annual and long service leave 1,403,428 806,409 Accrued salaries 98,599 74,789 Other __ _ _ 13,408______Nil_ _ Aggregate employee entitlement liability 1,515,435 881,198

Note 9 – Suppliers Pr ovisions and P ay ables Trade creditors 124,023 177,136 Operating lease rentals __ _ _ 13,113______4,074_ _ _ _ 137,136 181,210 An age analysis of suppliers provisions and payables is listed below: Not overdue 133,881 153,513 Less than 30 days overdue 3,138 3,430 30-60 days overdue Nil 4,056 More than 60 days overdue ______117______20,211_ _ _ _ _ 137,136 181,210

Accumulated TOT AL Results EQUITY Note 10 – Analysis of Equity Note 10A – Departmental Equity Balance at 1 July 1996 2,600,584 2,600,584 Operating result __ _ 890,833______890,833______Balance at 30 June 1997 3,491,417 3,491,417

Note 10B – Administered Equity Balance at 1 July 1996 131,372 131,372 Operating result __ (129,048)______(129,048)______Balance at 30 June 1997 2,324 2,324

114 National Native Title Tribunal 1996/97 1995/96 Note 11 – Financial Assets Note 11A – Departmental Receivables Running cost appropriation carryover 1,784,000 Nil Goods and services __ _ _ _ 5,354______13,497_ _ _ _ _ 1,789,354 13,497 An age analysis of receivables other than appropriation carryover is listed below: Not overdue 2,903 5,113 Less than 30 days overdue 2,221 2,703 30-60 days overdue 117 5,422 More than 60 days overdue ______113______259 _ _ 5,354 13,497

Note 11B – Administered Receivables Other taxes, fees and fines 2,324 2,134 Other debtors ______Nil______Nil_ _ 2,324 2,134 An age analysis of administered receivables is listed below: Not overdue 1,320 1,267 Less than 30 days overdue 504 232 30-60 days overdue 140 365 More than 60 days overdue ______360______270_ _ _ 2,324 2,134

Note 11C – Departmental Other Financial Assets Prepayments 52,596 127,486 Moneys held in trust for fitout of the Tribunal’s offices by the Australian Property Group ______Nil_ _ __ 1,193,561______52,596 1,321,047

Note 12 – Non-financial assets Note 12A – Land and buildings Leasehold Improvements – at valuation 1,900,142 777,568 Accumulated amortisation __ (277,461)______(60,065)______Total land and buildings 1,622,681 717,503

Note 12B – Plant and equipment Plant and equipment – at valuation 2,317,967 1,751,496 Accumulated depreciation _(1,050,103)______(489,009)______Total plant and equipment 1,267,864 1,262,487

Note 12C – Intangibles Computer software – at cost 601,200 440,600 Accumulated depreciation __ (214,300)______(95,792)______Total intangibles 386,900 344,808

National Native Title Tribunal 115 Note 12D – Analysis of Property, Plant,Equipment and Intangibles Buildings Plant & Intangibles Total equipment Gross value at 1 July 1996 777,568 1,751,496 440,600 2,969,664 Additions 1,193,561 601,699 160,600 1,955,860 Revaluations (70,987) (22,970) Nil (93,957) Disposals Nil (12,258) Nil (12,258) Other movements ______Nil______Nil______Nil______Nil_ _ Gross value at 30 June 1997 __ 1,900,142______2,317,967 ______601,200______4,819,309______Accumulated depreciation at 1 July 1996 60,065 489,009 95,792 644,866 Depreciation charges for assets held at 1 July 1996 58,328 527,471 108,371 694,170 Depreciation charges for additions 219,133 43,188 10,137 272,458 Adjustments for revaluations (60,065) Nil Nil (60,065) Adjustments for other movements ______Nil______(9,565)______Nil______(9,565)_ _ _ _ _ Accumulated depreciation/ amortisation at 30 June 1997 __ _ _ 277,461______1,050,103______214,300______1,541,864______Net book value at 30 June 97 1,622,681 1,267,864 386,900 3,277,445 Net book value at 1 July 96 717,503 1,262,487 344,808 2,324,798

1996/97 1995/96 Note 13 – Cash Flow Reconciliation Reconciliation of net cost of services to net cash provided by operating activities:

Net Cost of Services – gain/(loss) (16,774,297) (12,745,073)

Depreciation/Amortisation 906,562 506,083 Asset revaluations 93,956 Nil Asset writeoff 2,694 Nil Revenue from government 17,665,130 14,618,774 Changes in assets and liabilities Decrease (increase) in receivables (1,775,857) (12,687) Decrease (increase) in other assets 1,268,451 (32,461) Increase (decrease) in creditors (44,074) 49,710 Increase in employees provisions __ _ 634,237______545,538______Net cash pr ovided by operating activities 1,976,802 2,929,884

116 National Native Title Tribunal Note 14 – Expenditure from Annual Appropriations ORDINARY ANNUAL SERVICES OF GOVERNMENT APPROPRIATION ACTS No’s 1 & 3 DIVISION 139 – NATIONAL NATIVE TITLE TRIBUNAL 1996-97 1996-97 1995-96 Appropriation Actual Actual 1 Running Costs 17,841,168 15,915,956 14,631,219 2 Other Services Compensation and Legal 100,000 19,700 Nil Total – Appropriation Acts No. 1 and 3 17,941,168 15,935,656 14,631,219

Note 15 – Receipts and Expenditure of the Trust Fund COMCARE TRUST ACCOUNT Legal Authority – Audit Act 1901, section 60 Purpose – for the receipt of all moneys and the payment of all expenditure related to the payment of compensation on behalf of Comcare 1996-97 1996-97 1995-96 Budget Actual Actual Opening Balance Nil 5,465 Nil Receipts Nil 26,439 21,999 Expenditure ______Nil______27,720______16,534_ _ _ _ _ Closing Balance Nil 4,184 5,465

Note 16 – Services pr ovided by the Auditor-General Financial statement audit services are provided free of charge to the Tribunal.The fair value of audit services provided was $10,500.

Note 17 – Executive Remuneration The number of executive officers who received or were due to receive fixed remuneration of $100,000 or more: 1996-97 1995-96 $110,000 to $120,000 Nil 1 $120,000 to $130,000 1 Nil

The aggregate amount of fixed remuneration of executive officers shown above: 123,015 110,035

National Native Title Tribunal 117 Note 18 – Contingent Liabilities The Tribunal was not aware of any contingent liabilities in existence as at 30 June 1997.

Note 19 – Act of Grace P ayments, Waivers and Amounts Written Off No Act of Grace payments were made during the reporting period.

No waivers of amounts owing to the Commonwealth were made pursuant to subsection 70C(2) of the Audit Act 1901

Amounts written off in accordance with subsection 70C(1) of the Audit Act 1901: 1996-97 1995-96 Irrecoverable amounts of revenue 413 331 Condemned,unserviceable stores 2,694 Nil

118 National Native Title Tribunal APPENDIX IX GLOSSARY

Accrual basis: The accounting basis whereby items are brought to account as they are earned or incurred (and not as money is received or paid) and included in the financial statements for the accounting period to which they relate. Act of grace payments: Section 34A of the Audit Act 1901 provides that, in special circumstances, the Commonwealth may pay an amount to a person notwithstanding that the Commonwealth is not under any legal liability to do so. Administrativ e expenses: Includes not just expenditure on office-based activities but all operational expenditure (except salaries). Includes both direct costs and overhead expenditure. It includes capital expenditure, grants, loans or subsidies. Annual appropriations: Acts which appropriate moneys for expenditure in relation to the G ove r n m e n t ’s activities during the financial ye a r. Such appropriations lapse on 30 June. They include the Supply Acts and Appropriation Acts. Appropriations: The amounts authorised by Parliament to be drawn from the Consolidated Revenue Fund or Loan Fund for a particular p u r p o s e, or the amount so authorised. Appropriations are contained in specific legislation — notably, but not exclusively, the Appropriation Acts. The authority for expenditure from individual trust accounts is provided under the Audit Act 1901 or an act establishing the Trust Account and specifying its purpose. Audit Act 1901: The principal legislation governing the collection, payment and reporting of public moneys, the audit of the Commonwealth Public Account and the protection and recovery of public property. Finance Regulations and Directions are made pursuant to the Act. Commonwealth public account (CPA): The main bank account of the Commonwealth, into which, and out of which, the cash receipts and cash payments of C o m m o nwealth departments and other financially non- autonomous agencies are required to be transacted. It reflects the operations of the three funds: the Consolidated Revenue Fund, the Loan Fund, and the Trust Fund. Consolidated R evenue Fund (CRF): The principal working fund of the Commonwealth mainly financed by taxation, fees and other current receipts. The Constitution requires an appropriation of moneys by the Parliament before any expenditure can be made from the CRF. Loan fund: Authority for its establishment comes from the Audit Act 1901. All moneys raised by loan on the public credit of he Commonwealth are credited to the loan fund. Expenditures from

National Native Title Tribunal 119 the loan find require an appropriation by Parliament and are limited to the purpose(s) for which moneys were originally raised as specified. Trust Fund: Essentially comprises trustee funds (termed ‘Head of Trust’) established under section 60 of the Audit Act 1901 (moneys held in trust for the benefit of persons or bodies other than the Commonwealth); trust accounts established under section 62A of the Audit Act 1901 (working accounts covering certain government agencies and certain other accounts in the nature of ‘suspense accounts’); and trust accounts established under other Acts to meet future expenditure. Payments into the Trust Fund may be made by way of appropriation from the CRF or Loan Fund, or direct credit of private moneys. Expenditure from the Trust Fund is appropriated for (and limited to) the specific purpose of each trust account, or head of trust, by the Audit Act or the Act establishing the trust account or head of trust. Unlike the unused portion of annual appropriation, trust account balances — as with special or standing appropriations — do not lapse at the end of the financial year. Contingent liabilities: Obligations which will only become payable if a specific future event occurs (eg claims for damages or pending law suits). Current assets: Cash or other assets that would, in the ordinary course of operations, be readily consumed or convertible to cash within twelve months after the end of the financial year being reported. See also Non-Current Assets. Current liabilities: Being liabilities that would, in the ordinary course of operations, be due and payable within twelve months after the end of the financial year being reported on. See also Non-Current Liabilities. Expenditure: The total or gross amount of money spent by the Government on any or all of its activities (the total outflow of moneys from the C o m m o nwealth Public Account). All ex p e n d i t u re must be a p p ropriated that is, authorised by the Parliament (see ‘Appropriations’). Every expenditure item is classified to one of the economic concepts of outlays, revenue (offset within revenue) or financing transactions. Expenditure from appropriations classified as r evenue: Refers to expenditures which are netted against receipts. They do not form part of outlays because they are considered to be closely or functionally related to certain revenue items or relate to refund of receipts and are therefore shown as offsets to receipts. Forward obligations: Obligations existing at 30 June which create, or are intended to create, a legal liability on the Commonwealth to provide funds in future years and which have not been exempted from the forward obligations system. In special circumstances arrangements which

120 National Native Title Tribunal do not create a legal liability, but which require forward obligations cover for effective financial management, may also be included in the forward obligations system (eg Memoranda of U n d e rstanding with other Governments and foreign aid arrangements). The following items are exempted from the forward obligations system: • all items classified in Appropriation Acts as Running Costs (salaries, administrative and operating expenses); • those items for which payment is authorised by special legislation where the amount and timing of payments are specified or clearly dictated by eligibility criteria (ie most, but not all, Special Appropriations); and • those items which have been exempted by the Minister for Finance as a result of specific case-by-case requests from departments. Liability: The future sacrifice of service potential or economic benefits that the entity is presently obliged to make as a result of past transactions or past events. Loan fund: See Consolidated Revenue Fund. NAIDOC: National Aboriginal and Islander Day Observance Committee Non-current assets: Being assets other than current assets. Non-current liabilities: Being liabilities other than current liabilities. Outlays: An economic concept which shows the net extent to which resources are directed through the Budget to other sectors of the economy after offsetting recoveries and repayments against relevant expenditure items (outlays consist of expenditure net of associated receipt items). Outlays are ‘above the line’ t ra n s a c t i o n s. The difference between outlays and reve n u e determines the Budget balance (surplus or deficit). Receipts: The total or gross amount of moneys re c e i ved by the C o m m o nwealth (the total inflow of moneys to the Commonwealth Public Account including both ‘above the line’ and ‘below the line’ transactions). Every receipt item is classified to one of the economic concepts of revenue, outlays (offset within outlays) or financing transactions. See also Revenue. Receipts not offset within outla ys: Receipts classified as revenue. See also Revenue. Receipts offset within outla ys: Refers to receipts which are netted against certain expenditure items because they are considered to be closely or functionally related to those items (eg receipts from computer hire charges are offset against the Tr i b u n a l ’s accounting and management information systems).

National Native Title Tribunal 121 Receivables: Comprise amounts which are due to be received by the Tribunal but are uncollected at balance date. Revenue: A b ove the line transactions (those that determine the deficit/surplus), mainly comprising receipts. It includes tax receipts (net of refunds) and non-tax receipts (interest, dividends etc) but excludes receipts from user charging, sale of assets and repayments of advances (loans and equity), which are classified as outlays. Running costs: Includes salaries, administra t i ve expenses (including legal services and property operating expenses). For the purposes of this document, Running Costs refers to amounts consumed by an agency in providing the government services for which it is responsible (not only those elements of running costs which are funded by Appropriation Act No. 1 but also Special Appropriations and receipts which are raised through the sale of assets or inter-departmental charging and are permitted to be deemed to be appropriated (known as section 35 receipts and received via annotated running costs appropriations). See also Administrative Expenses. Statement of assets and liabilities: This statement shows, at the end of the reporting period, each class of assets and liabilities of the Tribunal under headings indicating whether they are current or non-current. Statement of cash flo ws: This statement shows, for the reporting period, the sources of cash inflows and how cash was applied under headings indicating whether they relate to operating activities, investing activities and financing activities. Statement of Transaction by fund: This statement shows the receipts and payments of an agency against budget estimates for each class of transactions within the consolidated revenue fund, trust fund and loan fund. Trust fund: See Consolidated Revenue Fund.

122 National Native Title Tribunal APPENDIX X COMPLIANCE INDEX

Page Letter of transmission 1 Contact officer for further information i, 92 Aids to access • Contents 3 • Glossary 119 • Alphabetical index 124 Corporate overview • Organisation chart 18 • Significant developments during the year 10-16 Social justice and equity •Access and equity 23, 28, 46, 47, 50, 92, 93, 96 • Appointments of EEO target groups 89 • Equal employment opportunity 49, 50 Internal and external scrutiny • Internal audit 94 • Inquiries by Parliamentary Committees 94 • Comments by Ombudsman 94 • Decisions by Courts and Tribunals 95 Reporting required under legislative requirements • Industrial democracy 50 • Occupational health and safety 50 • Freedom of information 92 •Advertising and market research 23 Staffing Overview •Total number of employees by classification and location 89 •Full-time/part-time staff numbers 89 • Numbers employed under the Public Service Act 1922 89 •Temporary staff 89 • Numbers by gender and category of employment 89 • SES information 89 •Performance pay 90 • Training 90 • Consultants 91 Financial statements 97

National Native Title Tribunal 123 ANNUAL REPORT 1996/97

INDEX

A information and training ...... 58 Aboriginal employment and career understanding ...... 23 development ...... 44, 96 Compliance Aboriginal and Torres Strait Islander index...... 123 Network...... 44, 49, 46 Conference and seminars...... 19, 22 staffing ...... 16, 47 46, 90 Access and equity...... 23, 28, 46 Confidentiality...... 37 47, 50, 92 Consultants 93, 96 table...... 91 Accountability ...... 13, 47, 49 Consultative process...... 49, 50 Administration ...... 14, 47, 48 Corporate goals Administrative issues...... 14, 61, 64, 67 goal one...... 19 69, 72, 75 goal two...... 25 78, 81 goal three...... 30 Advertising ...... 47, 48, 113 goal four ...... 44 Agreements ...... 9, 12, 24, 26 goal five...... 47 37, 38, 39 goal six ...... 53 about future acts...... 55-58 Corporate overview...... 10 about native title applications ...... 5, 6 Court decisions ...... 6, 11, 12, 27 33, 35, 40, 41 56, 58, 95 63, 66, 67, 71 Cross-cultural awareness training....44, 49 74, 78, 80, 85, 87 90, 96 database...... 6, 20, 23, 24 Applicants D assistance to ...... 16, 25, 60 Determinations...... 5, 40, 42 63, 66, 74 77, 79, 93 E Application Education...... 12, 15, 19 fees ...... 114 21, 33, 95 lodged...... 10, 11 and community perception...... 16 Audit Report...... 97 Effective participation...... 5, 16, 25 B 26, 27, 28 Bilateral Dispute ...... 34 Equal Employment Opportunity ...... 49 table ...... 89 C Case Management System ...... 51 F Charts Fees ...... 51, 92, 114 1 – administration expenditure...... 48 Figures 2 – salaries expenditure ...... 48 1 – claimant application flowchart...25 3 – property expenditure...... 52 2 – future act flowchart...... 53 Claimant applications Finance ...... 97 flowchart...... 25 training ...... 49 graph ...... 10 Freedom of Information ...... 92, 93, 95 in mediation (table)...... 30 Future act flowchart...... 53 Client services ...... 50 Future Act Unit...... 11, 54 Collaborative research...... 23 nature of workload ...... 12 Community awareness ...... 14 G education ...... 12, 15, 16, 19 Geospatial information ...... 24, 51 21, 33, 95 Glossary...... 119

124 National Native Title Tribunal ANNUAL REPORT 1996/97

Goldfields Mediation Service...... 5, 15, 28 O Goldfields region ...... 68 Objections to expedited procedure ..12, 54 Graphs table ...... 55 1 – claimant applications lodged...... 10 Occupational health and safety ...... 49, 50 I Industrial democracy ...... 49 P Information Papers presented...... 85 management...... 51 Parliamentary Joint Committee ...5, 13, 94 systems ...... 6, 15, 20, 23 Pastoral and Graziers ...... 22, 28, 36 24, 47, 51 66, 69 Internet...... 19, 23, 50 Performance pay...... 90 Intra-indigenous issues ...... 5, 30, 31 Pilbara region ...... 70 ...... 33-35, 80 President’s Report...... 5 Property management...... 52 L Public access ...... 46, 50, 51, 92 Legal framework...... 12 Publications 20, 24, 47, 50 Letter to Attorney-General...... 1 85, 92, 93 Liaison Committees...... 25, 26, 95, 96 Litigation...... 95 Q Local Government ...... 5, 15, 19, 22 Queensland region...... 79 28, 66, 77 R M Records management ...... 51 Maps...... 24, 25, 48, 92 Recruitment ...... 44, 48, 69 Management Regionalisation...... 5, 14, 15 practices...... 44 training ...... 49, 90 28, 51 tribunal resources...... 28, 47, 63 Registrar’s Report...... 10 64, 80 Registries ...... 28, 52, 59 Media...... 20 75, 81, 82 Mediation Relationships with stakeholders ...... 14, 21 and negotiation training...... 49 27, 28, 33 agreements ...... 37-42, 56-58 66, 71, 80 63, 67, 71, 77 Research ...... 14, 23, 24 consultants...... 15 44, 46, 95 effective participation...... 5, 16 Right to negotiate...... 6, 11, 53, 54 review...... 47 56, 68, 95 Members Reviews...... 14 allocation ...... 14 corporate services ...... 47, 48 development...... 49 community liaison...... 14 appointed...... 6 meetings ...... 26 S Mission...... 9 Search costs...... 51 Section 150 conferences ...... 55 N Seminars and conferences ...19, 22, 46, 90 NAIDOC...... 46 South Australia region...... 73 Northern Territory region ...... 49 South East region ...... 76 North Western Australia region ...... 62 South West region ...... 65 Notification ...... 12, 13, 24, 25 Speeches ...... 85 27, 47, 53, 54 Staff development and training ...... 48, 49 69, 95, 113 90, 91

National Native Title Tribunal 125 ANNUAL REPORT 1996/97

Staffing...... 15, 17, 44, 47 V 75, 81, 89, 96 Values...... 9 Stakeholders ...... 21, 27, 28, 3 Vision ...... 9 66, 80, 95 W T Workload issues ...... 5, 6, 10-12 Tables 15, 61, 64, 67 1 – total number of applications ...... 11 69, 72, 74 2 – claimant applications in 78, 81 mediation...... 30 Web site...... 19, 24, 46 3 – future act matters nationally...... 54 50, 51, 96 4 – objections to the expedited Workplace relations...... 14, 47 procedure ...... 55 Working Groups ...... 5, 33, 34 H 5 – EEO staffing numbers...... 89 35, 66, 74 6 – training numbers ...... 90 Wik ...... 5, 6, 11, 13, 22 7 – consultants ...... 91 36, 81, 69 Telephone 85, 86, 88 conferences ...... 28, 63 WMC v Lane decision ...... 12, 27, 69, 95 services ...... 50, 96 Training external ...... 21 internal...... 44, 46, 49 table ...... 90

126 National Native Title Tribunal N AT I O N A L N AT I V E T I T L E T R I B U N A L

ADDENDUM TO ANNUAL REPORT 1996/97 © Commonwealth of Australia 1997 ISSN 1324-9991 This work is copyright. It may be reproduced in whole or in part for study or training purposes if an acknowledgment of the source is included. Such use must not be for the purposes of sale or commercial exploitation. Subject to the Copyright Act, reproduction, storage in a retrieval system or transmission in any form by any means of any part of the work other than for the purposes above is not permitted without written permission. Requests and inquiries should be a d d ressed to Re g i s t ra r, National Native Title Tr i b u n a l , GPO Box 9973, Perth WA 6001. CONTENTS

Summary of applications in mediation as at 30 June 1997 Northern Territory Region 1 North Western Australia Region 3 South West Region 15 Goldfields Region 29 Pilbara Region 41 South Australia Region 48 South East Region 52 Queesland Region 63

Note: Area statements provided represent the gross area of the application unless otherwise stated. Exclusions from applications such as private freehold are included in these figures. Where applicable, areas have been calculated from spatial data provided by the re s p e c t i ve State or Territory agency.

ADDENDUM MEDIATION SUMMARIES

NORTHERN TERRITORY

Larrakia Applications

DC94/1 – Larrakia Palmerston, DC94/4 – East Arm (Water), DC94/5 – East Arm (Land), and DPA 95/1 – Palmerston Compensation Member: DC94/1 – Tony Lee, DC94/4 – Tony Lee, DC94/5 – Tony Lee, DPA95/1 – Justice French, Fred Chaney and Tony Lee Case Manager: Ian Williams Claimants: Bill Risk on behalf of the Larrakia People Representative: Northern Land Council Lodged: DC94/1 – 26 July 1994, DC94/4 and DC94/5 – 18 November 1994, DPA95/1 – 9 March 1995 Accepted: DC94/1 – 31 October 1994, DC94/4 and DC94/5 – 30 September 1995, DPA95/1 – 28 September 1995 Close of notification: DC94/1 – 16 January 1995, DC94/4 and DC94/5 – 3 January 1996, DPA95/1 – 15 January 1996 s.72 conference: DC94/1 – 13 June 1995, DC94/4, DC94/5, DPA95/1 – 26 April 1996 Location: DC94/1 – subdivision of Palmerston 15 km south east of Darwin, DC94/4 – Darwin Harbour 8 km south of Darwin, DC94/5 – Darwin Harbour 8 km south of Darwin, DPA95/1 – subdivision of Palmerston 15 km south east of Darwin Area: DC94/1 – 2 sq km, DC94/4 – 24 sq km, DC94/5 – 6 sq km, DPA95/1 – 1.25 sq km Parties: 5

DPA95/2 – Suplejack Station Member: Justice French and Diane Smith Case Manager: Ian Williams Claimants: Mick Inve r way Jungarrayi, Susan Winbye Nalyirri, Pe g g y Nangala, Gilbert Tanami Jungarrayi, Gabrielle Ta n a m i Napaljarri/Nalyirri, Kathleen Tanami Nangarrayi, Lucy Tanami Nangarrayi, Roger King Jangala Representative: David Holt Avery Lodged: 20 November 1995 Accepted: 12 April 1996 Close of notification: 22 July 1996 s. 72 conference: 27 February 1997 Location: Land and inland waters subject to the Perpetual Pastoral Lease generally referred to as Suplejack Station, Tanami Desert Area: 3,817 sq km Parties: 5

DC95/3 – Davenport/Murchison Member: Diane Smith and Fred Chaney Case Manager: Ian Williams Claimants: Peter Peterson Petyarre on behalf of the Alyawarr, , Wakay and

National Native Title Tribunal 1 Representative: Central Land Council Lodged: 20 November 1995 Accepted: 31 May 1996 Close of notification: 11 November 1996 s. 72 Conference: 9 January 1997 Location: Proposed area for national park, proposed area for tourism and camp ground, and Vacant Crown Land set apart for the proposed townsite of Hatches Creek, 150 km south south east of Tennant Creek Area: 3 parcels of land – 1,120 sq km, approx 5 ha, and approx 67 ha Parties: 7

DC96/1, DC96/2, DC96/3, DC96/4 & DC96/5 – Tibby Quall Member: Tony Lee Case Manager: Ian Williams Claimants: Tibby Quall on behalf of the Dangalaba clan Representative: Unrepresented Lodged: DC96/1 – 8 October 1996, DC96/2 – 15 October 1996, DC96/3 – 17 October 1996, DC96/4 and DC96/5 – 21 October 1996 Accepted: 8 November 1996 Close of notification: 7 March 1997 s. 72 conference: To be convened Location: DC96/1 – Lots 5994 and 5180, Darwin City Council, DC96/2 – Dinah Beach, Darwin City Council, DC96/3 – Lots 5218 and 9212, Darwin City Council, DC96/4 – Hundred of Ayers, Shire of Litchfield, DC96/5 – Elizabeth River, Shires of Litchfield & Palmerston Area: DC96/1 – 0.2 sq km, DC96/2 – 14.3 sq km, DC96/3 – 0.1 sq km, DC96/4 – 248 sq km, DC96/5 – 20 sq km Parties: DC96/1 – 3, DC96/2 – 4, DC96/3 – 3, DC96/4 – 5, DC96/5 – 5

DC95/1 – Miriuwung Gajerrong #3 Member: Fred Chaney Case Manager: Andrea McCallum Claimants: Ben Ward on behalf of the Miriuwung Gajerrong People Representative: Aboriginal Legal Service (WA) Lodged: 3 January 1995 Accepted: 28 September 1995 Close of notification: 27 December 1995 s.72 conference: 3 October 1996 Location: F i ve pastoral leases, along the Northern Te r r i t o r y / We s t e r n Australia border, two islands, inland waters and coastal waters. Area surrounds the Keep River National Park. Area: 10,922 sq km Parties: 8

2 National Native Title Tribunal NORTH WESTERN AUSTRALIA

Broome Applications

WC94/1 – Yawuru, WC94/4 – Goolarabooloo-Jabirrjabirr#1, WC94/9 – Rubibi #1, WC95/10 – Goolarabooloo-Jabirrjabirr #2, WC95/28 – Rubibi #6, WC95/5 – Rubibi #3, WC95/4 – Rubibi #2, WC95/6 – Rubibi #4, WC95/7 – Rubibi # 5, WC95/50 – Rubibi # 8, WC95/43 – Leregon Member: Justice French Case Manager: Bill Lawrie Claimants: WC94/1 – Francis Djaigween, Frank Sebastian, Jack Edgar, Matthew Gilbert and Elsie Edgar on belalf of the Yawuru People, WC94/4 – Joseph Roe on behalf of the Goolarabooloo and Jabirrjabirr People. WC94/9 – Frank Sebastian, Joseph Roe and Ron Carter on behalf of others, WC95/10 – Joseph Roe on behalf of the Goolarabooloo and Jabirrjabirr People, WC95/28 – Frank Sebastian, Joseph Roe and Ron Carter on behalf of others, WC95/5 – Frank Sebastian, Joseph Roe and Ron Carter on behalf of others, WC95/4 – Frank Sebastian, Joseph Roe and Ron Carter on behalf of others, WC95/6 – Frank Sebastian, Joseph Roe and Ron Carter on behalf of others, WC95/7 – Frank Sebastian, Joseph Roe and Ron Carter on behalf of others, WC95/50 – Matthew Gilbert, Richard Hunter and Frank Ozies on behalf of others, WC 95/43 – John Lee on behalf of the Leregon clan. Representative: Kimberley Land Council, WC95/43 – Unrepresented Lodged: WC94/1 – 2 February 1994, WC94/4 – 27 June 1994, WC94/9 – 31 October 1994, WC95/10 – 31 March 1995, WC95/28 – 28 July 1995, WC95/5 – 11 January 1995, WC95/4 – 11 January 1995, WC95/6 – 11 January 1995, WC95/7 – 11 January 1995, WC95/50 – 26 September 1995, WC95/43 – 10 August 1995 Accepted: WC94/1 – 26 May 1995, WC94/4 – 27 March 1995, WC94/9 – 27 September 1995, WC95/10 – 21 September 1995, WC95/28 – 14 February 1996, WC95/5 – 2 January 1996, WC95/4 – 16 April 1996, WC95/6 – 22 July 1996, WC95/7 – 5 February 1996, WC95/50 – 5 January 1996, WC95/43 – 14 February 1996 Close of notification: WC94/1 – 29 August 1994, WC94/4 – 3 July 1995, WC94/9 – 24 January 1996, WC95/10 – 15 January 1996, WC95/28 – 13 May 1996, WC95/5 – 3 April 1996, WC95/4 – 15 July 1996, WC95/6 – 25 November 1996, WC95/7 – 6 May 1996, WC95/50 – 9 April 1996, WC95/43 – 13 May 1996 s. 72 conference: WC94/1 – 11 August 1995, WC94/4 – 12 October 1995, WC94/9 – 2 May 1996, WC95/10 – 2 May 1996, WC95/28 – 2 May 1996, WC95/5 – 2 May 1996, WC95/4 – 4 November 1996, WC95/6 – 5 June 1997, WC95/7 – 12 July 1996, WC95/50 – 12 July 1996, WC95/43 – 12 July 1996 Location: WC94/1 – Land and Waters in and around , WC94/4 – Land and Waters to the north of Broome, WC94/9 – Land and Waters in the West Kimberley, WC95/10 – West Kimberley region to the north of Broome, WC95/28 – West Kimberley region to the south east of Broome. Comprises an area known as Kunin or

National Native Title Tribunal 3 Fisherman’s Bend, WC95/5 – An area of land to the north of the airport in Broome, WC95/4 – An area within the township of Broome, WC95/6 – An area within the southern part of the Broome township, WC95/7 – Located in the southern part of the Broome township, WC95/50 – South of Broome, WC95/43 – South east of Broome, the area comprises an area known as Kunin or Fisherman’s Bend Area: WC94/1 – 1280 sq km, WC94/4 – 2041 sq km, WC94/9 – 366 sq km, WC95/10 – 278 sq km, WC95/28 – 1.2 sq km, WC95/5 – 3.9 sq km, WC95/4 – 0.5 sq km, WC95/6 – 0.8 sq km, WC95/7 – 8.0 sq km, WC95/50 – 1882 sq km, WC95/43 – approx 1.2 sq km Parties: WC94/1 – 13, WC94/4 – 28, WC94/9 – 38, WC95/10 – 2, WC95/28 – 2, WC95/5 – 2, WC95/4 – 4, WC95/6 – 3, WC95/7 – 5, WC95/50 – 6, WC95/43 – 3

WC94/6 – Miriuwung Gajerrong # 2 Member: Fred Chaney Case Manager: Andrea McCallum Claimants: Ben Ward on behalf of the Miriuwung Gajerrong People Representative: Aboriginal Legal Service (WA) Lodged: 10 August 1994 Accepted: 27 March 1995 Close of notification: 3 July 1995 s.72 conference: 31 October 1996 Location: Land and waters in the east Kimberley, three pastoral leases and coastal waters. The claim area encompasses the whole of the Ord River Stage 2 development Area: 6,821 sq km Parties: 9

WC94/11 – Purnululu Member: Fred Chaney Case Manager: Andrea McCallum Claimants: Raymond Wallaby, Jack Britten, Queenie McKenzie and Hector Chunda on behalf of the applicants and others Representative: Kimberley Land Council Lodged: 21 December 1994 Accepted: 27 March 1995 Close of notification: 3 July 1995 s. 72 conference: 17 April 1996 Location: Land in and around the Bungle Bungle National Park Area: 4,544 sq km Parties: 20

WC95/16 – Kiwirrkurra Member: Fred Chaney Case Manager: Andrea McCallum Claimants: Jimmy Brown on behalf of some Pintubi People Representative: Ngaanyatjarra Land Council

4 National Native Title Tribunal Lodged: 27 June 1995 Accepted: 3 July 1995 Close of notification: 10 October 1995 s.72 conference: Te l e c o n f e rence plenary of re p re s e n t a t i ves 21 August 1996, adjourned to 7 November 1996 Location: Land and waters in an area from Lake Mackay into and west to Kiwirrkurra Area: 43,296 sq km Parties: 4

WC95/29 – Ngawarr Member: Fred Chaney Case Manager: Andrea McCallum Claimants: Tommy Sims on behalf of the Ngaanyatjarra People Representative: Ngaanyatjarra Land Council Lodged: 27 July 1995 Accepted: 27 July 1995 Close of notification: 23 October 1995 s.72 conference: To be convened Location: Junction of Gibson and Great Victoria Deserts south east of Warburton Area: 2,489 sq km Parties: 6

WC95/30 – Balanggarra No. 1 Member: Fred Chaney Case Manager: Andrea McCallum Claimants: Dolores Cheinmora on behalf of Gwini, Walmbi or Wunnubal People Representative: Kimberley Land Council Lodged: 24 July 1995 Accepted: 29 July 1995 Close of notification: 21 November 1995 s. 72 conference: 24 July 1996 Location: Land and waters between King Edward River and the Cambridge Gulf in the East Kimberley region Area: 15,580 sq km Parties: 95

WC95/34 – Irruntyju-Papulankutia Member: Fred Chaney Case Manager: Andrea McCallum Claimants: Stanley Mervyn on behalf of the Pitjantjatjara, Ngaanyatjarra and Ngatatjarra People Representative: Ngaanyatjarra Land Council Lodged: 24 July 1995 Accepted: 31 July 1995 Close of notification: 7 November 1995 s.72 conference: To be convened

National Native Title Tribunal 5 Location: Area of Gibson Desert Area: 15,032 sq km Parties: 10

WC95/35 – Ngankali Member: Fred Chaney Case Manager: Andrea McCallum Claimants: Andrew Lawson on behalf of the Ngaanyatjarra and Ngatatjara People Representative: Ngaanyatjarra Land Council Lodged: 27 July 1995 Accepted: 31 July 1995 Close of notification: 7 November 1995 s.72 conference: To be convened Location: Warburton region Area: 6,076 sq km Parties: 6

WC95/39 – -Ngarinyin (Napier Downs) Member: Fred Chaney Case Manager: Bill Lawrie Claimants: Jack Dann and Patricia Goonak on behalf of Ngarinyin and Unggumi People Representative: Kimberley Land Council Lodged: 10 August 1995 Accepted: 10 September 1995 Close of notification: 4 December 1995 s.72 conference: 13 August 1997 Location: Land in the north west Kimberley region. The claim is situated within the Napier Downs pastoral lease and part of Kimberley Downs pastoral lease Area: 1,797 sq km Parties: 13

WC95/48 – Bardi/Jawi Member: Justice French and Doug Williamson Case Manager: Bill Lawrie Claimants: Paul Sampi on behalf of the Bardi Representative: Kimberley Land Council Lodged: 1 September 1995 Accepted: 15 April 1996 Close of notification: 15 July 1996 s.72 conference: 18 October 1996 Location: Land, waters, water courses, reefs, seas and seabed in the Northern Dampier and regions of the Western Kimberley, Lombadina and One Arm Point Area: 5,337 sq km Parties: 39

6 National Native Title Tribunal WC95/49 – Warburton – Mantamaru Member: Fred Chaney Case Manager: Andrea McCallum Claimants: Geoffrey Fraser on behalf of the Ngaanyatjarra and Ngatatjara People Representative: Ngaanyatjarra Land Council Lodged: 21 September 1995 Accepted: 2 January 1996 Close of notification: 3 April 1996 s.72 conference: To be convened Location: Warburton Range Area: 15,740 sq km Parties: 13

WC95/51 – Spinifex Member: Fred Chaney Case Manager: Andrea McCallum Claimants: Mark Anderson on behalf of the Representative: Noel Pearson Lodged: 3 October 1995 Accepted: 9 October 1995 Close of notification: 8 January 1996 s. 72 conference: 2 April 1996 Location: The southern portion of the Great Victoria Desert, adjacent to the South Australian border Area: 54,316 sq km Parties: 4

WC95/74 – Member: Tony Lee Case Manager: Andrea McCallum Claimants: Palmer Gordon Ngalpil on behalf of the Walmajarri or Jaru/Nyinin People Representative: Kimberley Land Council Lodged: 25 October 1995 Accepted: 22 March 1996 Close of notification: 17 June 1997 s. 72 conference: 18 September 1997 Location: Land and waters south of Halls Creek in the Tanami Desert region Area: 25,855 sq km Parties: 15

WC95/78 – Balanggarra No.2 Member: Fred Chaney Case Manager: Andrea McCallum Claimants: Dolores Cheinmora on behalf of Gwini, Walmbi or Wunnubal Peoples Representative: Kimberley Land Council

National Native Title Tribunal 7 Lodged: 21 November 1995 Accepted: 12 April 1996 Close of notification: 15 July 1996 s.72 conference: 24 July 1996 Location: Fo r rest River region, including Kalumburu, Drysdale Rive r National Park and Oombulgurri reserve Area: 10,460 sq km Parties: 13

WC95/79 - Rubibi #9 Member: Justice French and Paul Seaman Case Manager: Peter Bishop Claimants: Frank Sebastian, Joeseph Roe and Ron Carter on behalf of others Representative: Kimberley Land Council Lodged: 22 November 1995 Accepted: 29 November 1995 Close of Notification: 6 May 1996 s.72 conference: To be convened Location: The area of mining lease 04/298, 78 km north east of Broome Area: 0.54 sq km Parties: 4

WC96/3 – Wororra Member: Justice French and Doug Williamson Case Manager: Bill Lawrie Claimants: Nelson Barunga on behalf of the Wororra People Representative: Kimberley Land Council Lodged: 15 January 1996 Accepted: 4 April 1996 Close of notification: 8 July 1996 s.72 conference: 23 October 1996 Location: Land and sea in the Collier Bay area in the north west Kimberley region Area: 32,148 sq km Parties: 23

WC96/25 - Rubibi #10 Member: No member allocated Case Manager: Sarah Carnley Claimants: Frank Sebastian, Joseph Roe and Frank Ozies on behalf of others Representative: Kimberley Land Council Lodged: 15 March 1996 Accepted: 22 April 1996 Close of notification: 22 July 1996 s.72 conference: To be convened Location: The whole of pastoral lease 3114/405, approx 50 km east of Broome Area: 5 sq km Parties: 3

8 National Native Title Tribunal WC96/32 – Member: Fred Chaney Case Manager: Andrea McCallum Claimants: Pajiman (Wa rd f o rd Budjiman) on behalf of the Mangala, Walmajarri, Jiwarliny, Wangkajungka and Manjiljarra Peoples Representative: Kimberley Land Council Lodged: 22 March 1996 Accepted: 29 May 1996 Close of notification: 11 November 1996 s.72 conference: 2 July 1997 Location: , Western Australia Area: 83,886 sq km Parties: 5

WC96/48 - Rosie Mulligan & Others Member: No member allocated Case Manager: Sarah Carnley Claimants: R. Mulligan, L. Walgearie, T. Collins, B. Narggodah, D. Inpora, C. Wasi, D. Yamera, R. Dann, M. Jambarra, R. Shandley and D. Lungurna on behalf of the , and Walmajarri People Representative: Kimberley Land Council Lodged: 10 May 1996 Accepted: 26 June 1996 Close of notification: 21 March 1997 s.72 conference: To be convened Location: Area covers land subject to mining lease application numbers 04/316 and 04/317 Area: 5.8 sq km Parties: 5

WC96/60 - Yeeda, Brumby, Ryder and Ryder Member: No member allocated Case Manager: Sarah Carnley Claimants: Winnie Yeeda, Stan Brumby, Doris Ryder and Jack Ryder on behalf of others Representative: Kimberley Land Council Lodged: 27 May 1996 Accepted: 6 June 1996 Close of notification: 11 November 1996 s.72 conference: To be convened Location: Area covers land contained within the boundaries of proposed mining lease 80/444, situated on pastoral lease 311 4 / 110 9 ("Lamboo") Area: 7.4 sq km Parties: 2

National Native Title Tribunal 9 WC96/65 - Rubibi Claim #12 Member: No member allocated Case Manager: Sarah Carnley Claimants: Matthew Gilbert, Richard Hunter, and Frank Ozies on behalf of others Representative: Kimberley Land Council Lodged: 10 June 1996 Accepted: 8 July 1996 Close of notification: 11 November 1996 s.72 conference: To be convened Location: Part of pastoral lease 3114/499 and is subject to a Notice of Intention to Take or Resume Land, approx 20 km east of Broome Area: 10.4 sq km Parties: 2

WC96/66 - Nyigina Member: No member allocated Case Manager: Sarah Carnley Claimants: Darby Narngarin and John Watson on behalf of the Nyigina People Representative: Kimberley Land Council Lodged: 10 June 1996 Accepted: 2 July 1996 Close of notification: 4 November 1996 s.72 conference: To be convened Location: Land contained within the boundaries of proposed mineral tenement EL04/1041, situated in pastoral leases 398/740 and 398/667 Area: 94.62 sq km Parties: 2

WC96/68 – #2 Member: Fred Chaney Case Manager: Bill Lawrie Claimants: John Dodo on behalf of the Karajarri People Representative: Kimberley Land Council Lodged: 13 June 1996 Accepted: 19 July 1996 Close of notification: 18 November 1996 s.72 conference: 25 February 1997 Location: West Kimberley region to the south of Broome Area: 3,947 sq km Parties: 6

WC96/69 – Tingarri Tjina Member: Fred Chaney Case Manager: Andrea McCallum Claimants: Adrian Young on behalf of Ngatatjarra and Ngaanyatjarra People

10 National Native Title Tribunal Representative: Ngaanyatjarra Land Council Lodged: 21 June 1996 Accepted: 1 August 1996 Close of notification: 27 October 1996 s.72 conference: To be convened Location: Gibson Desert Area: 58,834 sq km Parties: 8

WC96/71 – Tjirrkarli Kanpa Member: Fred Chaney Case Manager: Andrea McCallum Claimants: Andrew Watson on behalf of the applicants and others Representative: Ngaanyatjarra Land Council Lodged: 24 June 1996 Accepted: 1 August 1996 Close of notification: 27 October 1996 s.72 conference: To be convened Location: Shires of Laverton and Ngaanyatjarraku Area: 24,353 sq km Parties: 3

WC96/74 – Kenny Oobagooma Member: No member allocated Case Manager: Sarah Carnley Claimants: Kenny Oobagooma on behalf of others Representative: Kimberley Land Council Lodged: 24 June 1996 Accepted: 8 July 1996 Close of notification: 11 November 1996 s.72 conference: To be convened Location: Land and waters the subject of exploration licence 04/896, on Napier Downs pastoral lease 3114/682, includes a portion of the Area: 138 sq km Parties: 4

WC96/77 – Gibson Desert Member: Fred Chaney Case Manager: Andrea McCallum Claimants: Fred Wa rd on behalf of Ngaanya t j a r ra, Ngaatatjarra , Nyatunyatjarra and Mantjiltjarra People Representative: Ngaanyatjarra Land Council Lodged: 26 June 1996 Accepted: 1 August 1996 Close of notification: 27 October 1996 s.72 conference: To be convened Location: Gibson Desert Nature Reserve

National Native Title Tribunal 11 Area: 29,687 sq km Parties: 2

WC96/79 – Baker Lake Member: Fred Chaney Case Manager: Andrea McCallum Claimants: Livingston West on behalf of the Ngaanyatjarra People Representative: Ngaanyatjarra Land Council Lodged: 26 June 1996 Accepted: 1 August 1996 Close of notification: 27 October 1996 s.72 conference: To be convened Location: Baker Lake/Great Victoria Desert region Area: 29,261 sq km Parties: 3

WC96/96 – People Member: No member allocated Case Manager: Sarah Carnley Claimants: Maudie Lennard, Willy Lennard, Freddy Marker, Harry Lennard, Barry Lennard and Nathan Lennard on behalf of the Warrwa Peoples Representative: Karmali Lodged: 19 September 1996 Accepted: 18 October 1996 Close of notification: 21 March 1997 s.72 conference: To be convened Location: Covers pastoral lease 3114/594 (Crown Lease 255/1967) and an adjacent area of Vacant Crown Land Area: 22.5 sq km Parties: 5

WC96/104 – Winnie Yeeda and others Member: No member allocated Case Manager: Sarah Carnley Claimants: Winnie Yeeda, Stan Brumby, Doris Ryder and Jack Ryder on behalf of the Budal People Representative: Kimberley Land Council Lodged: 25 October 1996 Accepted: 1 November 1996 Close of notification: 28 February 1997 s.72 conference: To be convened Location: Land within the boundaries of proposed exploration licence 80/1290, 90 km south west of Halls Creek Area: 10.9 sq km Parties: 5

12 National Native Title Tribunal WC96/108 – Bunuba Member: No member allocated Case Manager: Sarah Carnley Claimants: Danny Marr and Andrew Shaw on behalf of the Bunuba People Representative: Kimberley Land Council Lodged: 30 October 1996 Accepted: 12 November 1996 Close of notification: 17 February 1997 s.72 conference: To be convened Location: Two areas of Vacant Crown Land within the townsite of Fitzroy Crossing Area: 0.01 sq km Parties: 3

WC96/110 – Winnie Yeeda and others Member: No member allocated Case Manager: Sarah Carnley Claimants: Winnie Yeeda, Jack Ryder, Stan Brumby and Doris Ryder on behalf of the Budal People Representative: Kimberley Land Council Lodged: 25 November 1996 Accepted: 5 December 1996 Close of notification: 4 April 1997 s.72 conference: To be convened Location: Land contained within the boundaries of proposed exploration licence 80/2184, situated on pastoral lease 3114/1109 Area: 19.5 sq km Parties: 3

WC96/114 – Darby Nangarin and John Watson Member: No member allocated Case Manager: Sarah Carnley Claimants: Darby Nangarin and John Watson on behalf of the Nyigina People Representative: Kimberley Land Council Lodged: 9 December 1996 Accepted: 16 December 1996 Close of notification: 11 April 1997 s.72 conference: To be convened Location: Land and waters the subject of exploration licence application 04/1051, situated on pastoral lease 3114/480 Area: 75.2 sq km Parties: 3

WC97/14 – Cranbell & Sharpe Member: No member allocated Case Manager: Sarah Carnley Claimants: Teddy Cranbell & Neville Sharpe on behalf of others

National Native Title Tribunal 13 Representative: Kimberley Land Council Lodged: 18 February 1997 Accepted: 21 February 1997 Close of notification: 26 May 1997 s.72 conference: To be convened Location: Land and waters the subject of a proposal to extend the term of exploration licence 80/821, part on pastoral leases numbered 398/806, 398/807, 3114/1238 and 3114/1257, and in part on the Great Northern Highway road reserve 42839, in the Shire of Halls Creek Area: 46.6 sq km Parties: 5

14 National Native Title Tribunal SOUTH WEST WESTERN AUSTRALIA

WC94/7 – Nanda Member: Fred Chaney Case Manager: Catherine Munro Claimants: William Mallard Snr and William Mallard Jnr on behalf of the Nanda Peoples Representative: Dwyer Durack Lodged: 18 August 1994 Accepted: 27 March 1995 Close of notification: 19 June 1995 s.72 conference: 20 July 1995 Location: Land and waters north of the townsite of Kalbarri Area: 2,255 sq km Parties: 31

WC94/10 – Swan River Nyungah Community Member: Justice French and Fred Chaney Case Manager: Hugh Chevis Claimants: Robert Bropho on behalf of the Swan River and Swan Valley Nyungah community Representative: Greg McIntyre, Barrister Lodged: 21 November 1994 Accepted: 29 September 1995 Close of notification: 15 January 1996 s.72 conference: 6 September 1996 Location: The Swan and Canning Rivers and some lands the subject of Crown reserves held by the Crown on the banks and adjacent to the banks of those rivers Area: 35.4 sq km Parties: 6

WC95/9 – Perth Airport Member: Justice French and Tony Lee Case Manager: Hugh Chevis Claimants: Corrie Bodney on behalf of the Bodney family Representative: Alan Camp Lodged: 14 February 1995 Accepted: 6 October 1995 Close of notification: 15 January 1995 s.72 conference: 2 April 1996 (Referred to the Federal Court 21 May 1996) Location: Bushland and swampland over an area of the Perth Airport Area Claimed: 1.8 sq km Parties: 9

National Native Title Tribunal 15 WC95/25 – Widi People Member: Fred Chaney Case Manager: Catherine Munro Claimants: Lionel Arthur Brockman on behalf of Widi People Representative: Aboriginal Legal Service (WA) Lodged: 21 July 1995 Accepted: 31 July 1995 Close of notification: 6 November 1995 s.72 conference: To be convened Location: 8 km north of Lake Indoon in the Shire of Carnamah Area: 3.6 sq km Parties: 4

WC95/26 – Nganawongka People Member: Tony Lee Case Manager: Hugh Chevis Claimants: Clarrie Smith on behalf of the Nganawongka People Representative: Aboriginal Legal Service (WA) Lodged: 21 July 1995 Accepted: 6 August 1995 Close of notification: 6 November 1995 s.72 conference: 17 July 1997 Location: Mining lease 52/548 40 km west of Peak Hill and on pastoral lease land over Mining lease 52/551 situated 10 km south west of Peak Hill, both north north east of Meekatharra Area Claimed: 9.5 sq km Parties: 3

WC95/36 – Noongar People Member: Tony Lee Case Manager: Margaret Robinson Claimants: Donald and Sylvia Collard on behalf of the Noongar People Representative: Aboriginal Legal Service (WA) Lodged: 7 August 1995 Accepted: 12 August 1995 Close of notification: 20 November 1995 s.72 conference: To be convened Location: 126 km south east of Narembeen, congruent with a mining lease 77/696 Area: 10 sq km Parties: 3

WC95/37 – Ngoonooru Wadjari People Member: Tony Lee Case Manager: Bill de Mars Claimants: Kevin Peter Walley on behalf of the Ngoonooru Wadjari People Representative: Aboriginal Legal Service (WA) Lodged: 7 August 1995

16 National Native Title Tribunal Accepted: 12 August 1995 Close of notification: 20 November 1995 s.72 conference: To be convened Location: Approx 8 km north west of Meekatharra. The claim area covers pastoral lease 3114/536 (Yoothapina) and pastoral lease 3114/598 (Sherwood) Area: 9.2 sq km Parties: 5

WC95/45 – Nganawongka No. 2 Member: Tony Lee Case Manager: Hugh Chevis Claimants: Clarrie Smith on behalf of the Nganawongka People Representative: Aboriginal Legal Service (WA) Lodged: 18 August 1995 Accepted: 28 August 1995 Close of notification: 4 December 1995 s.72 conference: 17 July 1997 Location: Covering exploration licences 52/965 and 52/966 86 km south of Newman, exploration licences 52/996 and 52/997 25 km east of Egerton Mining locality, and exploration licence 52/961 situated 150 km south west of Newman Area: 1,035 sq km Parties: 3

WC95/46 – Swanbourne Member: Justice French and Fred Chaney Case Manager: Hugh Chevis Claimants: Ballaruk Family Group Representative: Alan Camp Lodged: 4 August 1995 Accepted: 11 January 1996 Close of notification: 15 April 1996 s.72 conference: To be convened Location: Reserve coastal land near the West Coast Highway, Swanbourne, including offshore areas to 3 miles Area: 29.0 sq km Parties: 42

WC95/54 – Tharlirrang Wadjari Member: Fred Chaney Case Manager: Catherine Munro Claimants: Dion and Phillip Joseph on behalf of the Tharlirrang Wadjari People Representative: Aboriginal Legal Service (WA) Lodged: 3 October 1995 Accepted: 14 November 1995 Close of notification: 7 February 1996

National Native Title Tribunal 17 s.72 conference: To be convened Location: Land the subject of the application for mining lease 70/896, excluding freehold, in the Mullewa area (effectively over Tallering Peak) Area: 9.0 sq km Parties: 3

WC95/55 – Wadjari Member: Fred Chaney Case Manager: Catherine Munro Claimants: Eric Papertalk on behalf of the Wadjari Tribe Representative: Macdonald Rudder Lodged: 4 October 1995 Accepted: 14 November 1995 Close of notification: 7 February 1996 s.72 conference: To be convened Location: Land the subject of the application for mining lease 70/896, excluding any freehold, in the Mullewa area (effectively over Tallering Peak) Area: 9.0 sq km Parties: 3

WC95/56 – Nyungah Member: Tony Lee Case Manager: Catherine Munro Claimants: Aden Eades on behalf of Nyungah People Representative: Aboriginal Legal Service (WA) Lodged: 4 October 1995 Accepted: 28 October 1996 Close of notification: 28 February 1997 s.72 conference: To be convened Location: Land and waters located in and around the townsite of Bremer Bay Area: 137.7 sq km Parties: 8

WC95/69 – Quaalup Member: Tony Lee Case Manager: Catherine Munro Claimants: Mingli Wanjurri, Rosemary Pickett, Rodney McGlade (Jnr) and Geoff Stocker, on behalf of Mr Rod McGlade (Snr) and all Woyung’s descendants Representative: William Harris Lodged: 6 October 1995 Accepted: 10 April 1996 Close of notification: 8 July 1996 s.72 conference: 31 October 1996 Location: Land and waters in the Shire of Jerramungup

18 National Native Title Tribunal Area: 29.6 sq km Parties: 17

WC95/71 – Collard Member: Tony Lee Case Manager: Catherine Munro Claimants: Donald and Sylvia Collard on behalf of the Noongar People Representative: Aboriginal Legal Service (WA) Lodged: 20 October 1995 Accepted: 13 November 1995 Close of notification: 7 February 1996 s.72 conference: To be convened Location: Area subject of 9 mining lease applications, located about 80 km east of Hyden Area: 27.6 sq km Parties: 7

WC95/77 – Ike Simpson and others Member: Tony Lee Case Manager: Bill de Mars Claimants: Ike Simpson, Mervyn Scott and Alec Moongoo on behalf of the Bundiyath Wadjari People Representative: Aboriginal Legal Service (WA) Lodged: 20 November 1995 Accepted: 14 December 1995 Close of notification: 11 March 1996 s.72 conference: To be convened Location: Covers the area of proposed exploration licence 09/738, situated on pastoral lease land 240 km north east of Geraldton Area: 33.7 sq km Parties: 4

WC95/80 – Kevin Peter Walley and others Member: Tony Lee Case Manager: Bill de Mars Claimants: Kevin Peter Wa l l ey and Rosie Edwa rds on behalf of the Ngoonooru Wadjari People Representative: Aboriginal Legal Service (WA) Lodged: 29 November 1995 Accepted: 14 December 1995 Close of notification: 11 March 1996 s.72 conference: To be convened Location: 8 mining leases within 80 km radius of Meekatharra Area: 20.2 sq km Parties: 8

National Native Title Tribunal 19 WC95/81 – Swan Valley Nyungah #2 Member: Fred Chaney Case Manager: Hugh Chevis Claimants: Robert Bropho on behalf of the Swan River Nyungah Community and other Nyungah People Representative: unrepresented Lodged: 22 December 1995 Accepted: 7 August 1996 Close of notification: 3 February 1997 s.72 conference: To be convened Location: Over the Perth metropolitan area from north of Yanchep Beach, to south of Mandurah, and including Lake Lechenault to the east Area: 9,956 sq km Parties: Not finalised

WC95/83 – Nganawongka, Wadjari & Member: Tony Lee Case Manager: Hugh Chevis Claimants: Clarrie Smith, Vernon Hyland, Dinny Tumbler, Ross Sambo, Leonard Clarence Smith, Linda Riley, Gladys Ann Leake, Joyce Calyun and Georgina Kay Riley on behalf of the Nganawongka and Wadjari People Representative: Aboriginal Legal Service (WA) Lodged: 19 December 1995 Accepted: 23 May 1996 Close of notification: 27 October 1996 s.72 conference: 17 July 1997 Location: Centred around a point about 240 km north of Meekatharra and about 180 km south west of the town of Newman covering various pastoral leases Area: 53,390 sq km Parties: 9

WC96/16 – Bundiyath Wadjari #2 Member: Tony Lee Case Manager: Bill de Mars Claimants: Ike Simpson and Alec Mongoo on behalf of the Bundiyath Wadjari People Representative: Aboriginal Legal Service (WA) Lodged: 13 February 1996 Accepted: 8 March 1996 Close of notification: 11 June 1996 s. 72 conference: To be convened Location: Land subject of mining lease applications 51/543 to 51/546 70 km south west of Meekatharra Area: 31.6 sq km Parties: 9

20 National Native Title Tribunal WC96/18 – Hartfield Park Member: Fred Chaney Case Manager: Hugh Chevis Claimants: Corrie Bodney on behalf of the Ballaruks People Representative: Alan Camp Lodged: 26 February 1996 Accepted: 21 November 1996 Close of notification: 4 April 1997 s.72 conference: To be convened Location: Hartfield Park in the vicinity of Kalamunda, Perth Area: 1.6 sq km Parties: 3

WC96/23 – Burringurrah Wadjari Member: Tony Lee Case Manager: Hugh Chevis Claimants: Claud Lee, Charlie Snowball and Jack Edney on behalf of the Burringurrah Wadjari People Representative: Aboriginal Legal Service (WA) Lodged: 13 March 1996 Accepted: 2 April 1996 Close of notification: 8 July 1996 s.72 conference: To be convened Location: 150 km south west of Paraburdoo, covering the area of proposed exploration licences 09/748 and 09/751 to 756 Area: 1,285 sq km Parties: 6

WC96/26 – Ngoonooru Wadjari Member: Tony Lee Case Manager: Bill de Mars Claimants: Kevin Peter Walley on behalf of the Ngoonooru Wadjari People Representative: Aboriginal Legal Service (WA) Lodged: 18 March 1996 Accepted: 26 June 1996 Close of notification: 8 December 1996 Location: West of Meekatharra, covering pastoral lease 3114/536, 3114/598, 3114/998, 3114/1088, 3114/686, 3114/1246, and 3114/1152 s.72 conference: To be convened Area: 1,974 sq km Parties: 20

WC96/31 – Nyoongah (Moora) Peoples Member: Tony Lee and Mary Edmunds Case Manager: Margaret Robinson Claimants: Nyoongah (Moora) Peoples Representative: Unrepresented Lodged: 18 March 1996

National Native Title Tribunal 21 Accepted: 13 May 1996 Close of notification: 30 September 1996 s.72 conference: 19 November 1996 Location: Land and waters in and around the town of Moora Area: 160.3 sq km Parties: 21

WC96/39 – Noongar Member: Tony Lee Case Manager: Margaret Robinson Claimants: William Warrell and Freda Yates on behalf of the Warrell Family Representative: Noongar Land Council Lodged: 4 April 1996 Accepted: 29 April 1996 Close of notification: 29 July 1996 s.72 conference: To be convened Location: Central west coast region, approx 250 km north of Perth Area: 0.4 sq km Parties: 4

WC96/43 – Abrahams/Kickett Member: Tony Lee Case Manager: Margaret Robinson Claimants: Abraham, Kickett, Hume, Turvey, Winmar, Little, Collard, Riley, Bennell, Hill, Parfitt, Michael, Mourish, Ugle and other families Representative: Aboriginal Legal Service (WA) Lodged: 29 April 1996 Accepted: 22 May 1996 Close of notification: 18 November 1996 s.72 conference: To be convened Location: In the vicinity of Narrogin Area: 1,302 sq km Parties: 27

WC96/45 – Wanneroo Road Member: Fred Chaney Case Manager: Hugh Chevis Claimants: Corrie Bodney on behalf of the Ballaruk People Representative: Alan Camp Lodged: 9 May 1996 Accepted: 19 June 1996 Close of notification: 11 November 1996 s.72 conference: To be convened Location: Crown land located in the Shire of Wanneroo, Perth Area: 0.67 sq km Parties: 4

22 National Native Title Tribunal WC96/46 – Burswood Member: Fred Chaney Case Manager: Hugh Chevis Claimants: Corrie Bodney on behalf of the Ballaruks People Representative: Alan Camp Lodged: 9 May 1996 Accepted: 15 October 1996 Close of notification: 7 March 1997 s.72 conference: To be convened Location: Crown land at Burswood Island, Perth Area: 1.22 sq km Parties: 3

WC96/49 – Thoo Thoo Wandi Wadjari Member: Tony Lee Case Manager: Bill de Mars Claimants: Alec Mongoo, Clusky Ryan, Basil Jones, Raymond Carbine, Lance Mongoo and David Wolgar on behalf of the Thoo Thoo Wandi Wadjari People Representative: Aboriginal Legal Service (WA) Lodged: 10 May 1996 Accepted: 19 June 1996 Close of notification: 27 October 1996 s.72 conference: To be convened Location: 4 km west of Cue Area: 76.2 sq km Parties: 6

WC96/52 – D & SR Collard (Noongar) Member: Tony Lee Case Manager: Margaret Robinson Claimants: Donald Collard and Sylvia Rachel Collard on behalf of the Noongar People Representative: Aboriginal Legal Service (WA) Lodged: 15 May 1996 Accepted: 21 June 1996 Close of notification: 18 November 1996 s.72 conference: To be convened Location: 10 km east of Kondinin Area: 202.7 sq km Parties: 4

WC96/53 – Warrells Member: Fred Chaney Case Manager: Hugh Chevis Claimants: Mr William Warrell on behalf of Freda Yates, Delores Flowers, Victor Warrell and Alice Warrell Representative: Aboriginal Legal Service (WA)

National Native Title Tribunal 23 Lodged: 16 May 1996 Accepted: 21 June 1996 Close of notification: 18 November 1996 s.72 conference: To be convened Location: Hartfield Park, Shire of Kalamunda, and bushland and swampland within an area of Perth airport Area Claimed: 3.5 sq km Parties: 4

WC96/63 – Moore River Member: Tony Lee Case Manager: Margaret Robinson Claimants: Arnold Franks on behalf of persons born in Moore River Settlement or taken there by the Native Welfare department and Police, including (but not limited to): Mr & Mrs Ralph Dalgety, Mr Robert Dalgety, Mr J. Wauber, Mr D. Henry, Mrs D. Flanagan Representative: Unrepresented Lodged: 6 June 1996 Accepted: 26 June 1996 Close of notification: 20 January 1997 s.72 conference: To be convened Location: An area from Moore River Guilderton to 10 km north of Leeman, and inland to the Brand Highway Area: 8,116 sq km Parties: Approx 350

WC96/67 – Widi Marra Member: Fred Chaney Case Manager: Catherine Munro Claimants: Neil Phillips on behalf of the Buddimia People including, but not limited to Pandawn descendants and extended families Representative: Unrepresented Lodged: 12 June 1996 Accepted: 21 June 1996 Close of notification: 18 November 1997 s.72 conference: 31 July 1997 Location: Shire of Perenjori Area: 6 sq km Parties: 4

WC96/70 – Noongar 4 Member: Tony Lee Case Manager: Margaret Robinson Claimants: Donald Collard and Sylvia Rachel Collard on behalf of Noongar People Representative: Aboriginal Legal Service (WA) Lodged: 21 June 1996 Accepted: 25 June 1996

24 National Native Title Tribunal Close of Notification: 27 October 1996 s.72 conference: To be convened Location: Area subject to exploration licence application 70/161820 km south east of Kondinin Area: 188 sq km Parties: 5

WC96/83 – Pandawn Member: Fred Chaney Case Manager: Catherine Munro Claimants: Neil Phillips on behalf of Pandawn Descendants and extended families Representative: Unrepresented Lodged: 4 July 1996 Accepted: 3 October 1996 Close of notification: 28 February 1997 s.72 conference: 31 July 1997 Location: Central Wheatbelt Area: 166,708 sq km Parties: 300

WC96/86 Widi Marra 2 Member: Fred Chaney Case Manager: Catherine Munro Claimants: Neil Albert Phillips on behalf of the Buddimia People Representative: Unrepresented Lodged: 22 July 1996 Accepted: 9 August 1996 Close of notification: 5 January 1997 s.72 conference: To be convened Location: Areas of exploration licence tenements 59/388, 59/697, 59/696, 59/707, 59/278, 59/708, 59/539, 59/445 and mining leases 59/411, 59/410, 59/409, 59/246, 59/247, 59/367 within Wydgee, Kirkalocka and Nalbarra stations 100 km south of Mt Magnet Area: 386.4 sq km Parties: 12

WC96/93 – Papertalk Member: Fred Chaney Case Manager: Catherine Munro Claimants: Eric Papertalk, Kenneth Papertalk, Dennis Comeagain, Margaret Green on behalf of the Mullewa Wadjari Community Representative: Unrepresented Lodged: 19 August 1996 Accepted: 9 September 1996 Close of notification: 14 March 1997 s.72 conference: To be convened Location: Land and waters in and around the Mullewa region

National Native Title Tribunal 25 Area: 35,616 sq km Parties: 157

WC96/94 – Robert Charles Bropho Member: Tony Lee Case Manager: Margaret Robinson Claimants: Robert Charles Bropho on behalf of the Nyungah Peoples Representative: Newton Vincent Lodged: 3 September 1996 Accepted: 15 November 1996 Close of notification: 12 May 1997 s.72 conference: To be convened Location: 40 km south east of Eneabba to 30 km north west of Gingin Area: 1,922.7 sq km Parties: 10

WC96/98 – Badimia People Member: Fred Chaney Case Manager: Catherine Munro Claimants: Badimia People Representative: Yamatji Land and Sea Council Lodged: 4 October 1996 Accepted: 22 October 1996 Close of notification: 4 April 1997 s.72 conference: To be convened Location: Located in the Murchison, a rectangular area beginning north of Mt Magnet and continuing south of Paynes Find Area: 36,130 sq km Parties: 76

WC96/100 – Peel Region Nyungar People Member: Fred Chaney Case Manager: Bill de Mars Claimants: Frank Nannup and Joseph Terrence Walley on behalf of the Peel Region Nyungar People Representative: Unrepresented Lodged: 10 October 1996 Accepted: 20 November 1996 Close of notification: 12 May 1996 s.72 conference: To be convened Location: The centre of the application is about 80 km south of Perth Area: 8,063 sq km Parties: 137

WC96/105 – Womber Member: Tony Lee Case Manager: Catherine Munro Claimants: Patricia Morich, Dallas Coyne, Averil Dean, Joyce Wynsley, Noel

26 National Native Title Tribunal Morich, Treasy Woods, Jack Williams, Lisa Woods & Lancel Williams on behalf of the , Minang and Tribal People, including the Williams, Woods, Morich, Dean, Kelly, Eades, Coyne, Hayward, Penny and Farmer families of the Central Great Southern & lower Great Southern Representative: Unrepresented Lodged: 28 October 1996 Accepted: 26 November 1996 Close of notification: 23 June 1997 s.72 conference: To be convened Location: Land and waters covering part of the south west of Western Australia Area: 127,358.2 sq km Parties: Approx 400

WC96/106 – Colbung Member: Tony Lee Case Manager: Catherine Munro Claimants: Ken Colbung and Glen Colbung on behalf of the Colbung and related families Representative: Unrepresented Lodged: 29 October 1996 Accepted: 29 November 1996 Close of notification: 23 June 1997 s.72 conference: To be convened Location: Cape Mentelle, Albany to Groper Bluff Area: 36,468.5 sq km Parties: Approx 400

WC96/109 – Southern Noongar Member: Tony Lee Case Manager: Catherine Munro Claimants: Rita Dempster, Glen Colbung, Dallas Coyne, Cedric Roberts, Noel Mourich, Allan Bolton, Tre a sy Wo o d s, Aden Eades, Joyc e Winslow on behalf of the Southern Noongar families Representative: Noongar Land Council Lodged: 18 November 1996 Accepted: 2 January 1997 Close of notification: 23 June 1997 Location: Land and waters located on the South Coast of Western Australia extending from Capel south west to Margaret River following the coast to east of Esperance returning to Capel via north of Lake Grace and Wagin Area: 173,282 sq km Parties: 616

National Native Title Tribunal 27 WC96/111 – Naagaja, Nhanda and Tharwuda People Member: Fred Chaney Case Manager: Catherine Munro Claimants: Keith Councillor, Chris Drage, Violet Drury, Leonard Kelly, Phyllis McMahon, June Ruffin, Lorraine Whitby and Lorna Lewis on behalf of all Aboriginal People who have ties to Naagaja, Nhanda and/or Tharwuda ancestors Representative: Sally Farrell Lodged: 28 November 1996 Accepted: 9 February 1997 Close of notification: 12 May 1997 s.72 conference: To be convened Location: Land and waters in the west Murchison region from Coronation beach to Zuytdorp cliffs, including coastal waters to 12 nautical miles. North east point at Muggon Station homestead, following a south west arc to Coronation beach Area: 31,214.2 sq km Parties: 211

WC96/116 – Ngoonooru Wadjari #5 (incorporating WC95/37, WC95/80, WC96/26 and WC96/55) Member: Tony Lee Case Manager: Bill de Mars Claimants: Kevin Peter Walley, Tony Moncrieff, Lily Walley, Julitha Doongoo, Rose Budd, Les Baumgarten, Madelaine Walley, Adeline Gilla, William Baumgarten and Doug Fraser on behalf of the Ngoonooru Wadjari People Representative: Aboriginal Legal Service (WA) Lodged: 30 December 1996 Accepted: 22 January 1997 Close of notification: 9 June 1997 s.72 conference: To be convened Location: Various mining leases within the Shires of Meekatharra and Cue Area: 17,669.9 sq km Parties: 61

28 National Native Title Tribunal GOLDFIELDS REGION

WC94/3 – Maduwongga People Member: Justice French and Tony Lee Case Manager: Deb Inglis Claimants: Majorie May Strickland and Anne Joyce Nudding on behalf of the Maduwongga People Representative: Newton Vincent Lodged: 19 April 1994 Accepted: 12 October 1995 Close of notification: 20 May 1996 s.72 conference: 30 July 96 Location: Land and waters in and around Kalgoorlie, also encompassing areas to the north east and north west of the town Area: 21,094.4 sq km Parties: 359

WC94/8 – Member: Tony Lee Case Manager: Helen Waghorne Claimants: Leo Thomas on behalf of the Waljen People Representative: Goldfields Land Council Lodged: 11 August 1994 Accepted: 12 October 1995 Close of notification: 13 May 1996 s.72 conference: 23 July 1996 Location: An area extending south and south east from the towns of Leonora and Laverton which encompasses Lake Carey and Lake Minigwal in the south east Area: 17,352 sq km Parties: 94

WC95/1 – #1 Member: Tony Lee and Justice French Case Manager: Gwen Hinze Claimants: Ted Coomanoo Evans and Richard Guy Evans on behalf of the Koara People Representative: Newton Vincent Lodged: 23 December 1994 Accepted: 12 October 1995 Close of notification: 10 May 1996 s.72 conference: 25 July 1996 Location: Area to the north-west and north-east of Leonora, extends to mid- way point on Laverton-Leonora roadway, including townsites of Leonora and Leinster Area: 39,658.5 sq km Parties: 167

National Native Title Tribunal 29 WC95/12 – Koara #2 Member: Tony Lee and Justice French Case Manager: Gwen Hinze Claimants: Ted Coomanoo Evans and Richard Guy Evans on behalf of the Koara People Representative: Newton Vincent Lodged: 8 June 1995 Accepted: 18 April 1996 Close of notification: 17 September 1996 s.72 conference: 5 December 1996 Location: From Morgans and Leonora west to Mt Ida, north to Mt Sir Samuel, east to Mt Zajshyr, north eastern boundary west to Sandstone Area: 6,309.1 sq km Parties: 52

WC95/13 – Mirning People Member: Paul Seaman and Tony Lee Case Manager: Deb Inglis Claimants: Rupert William Lawrie on behalf of the Mirning People Representative: Isobel Redmond Lodged: 16 June 1995 Accepted: 9 January 1996 Close of notification: 22 April 1996 s.72 conference: 2 April 1997 Location: An area straddling the South Australia border, including coastal waters to 12 nautical miles. Area: 106,268.3 sq km Parties: 156

WC95/15 – Waljen People #2 Member: Tony Lee Case Manager: Helen Waghorne Claimants: Leo Winston Thomas on behalf of the Waljen Peoples Representative: Goldfields Land Council Lodged: 8 June 1995 Accepted: 18 April 1996 Close of notification: 17 September 1996 s.72 conference: 5 December 1996 Location: Areas in the vicinity of Leonora and Laverton and the southern end of Lake Raeside. Area: 1382 sq km Parties: 41

WC95/17 – Ngadju Member: Tony Lee, Fred Chaney and Justice French Case Manager: Deb Inglis Claimants: Arthur Dimer on behalf of the Ngadju People

30 National Native Title Tribunal Representative: Corser and Corser Lodged: 30 June 1995 Accepted: 25 September 1995 Close of notification: 18 December 1995 s.72 conference: 5 July 1996 Location: The northern boundary is portion of Trans Australia Railway Line, the tip of the southern boundary is Point Malcolm, the tip of the western boundary is Lake Hope, the eastern boundary is the eastern boundary of the Arubiddy pastoral lease to the Eyre Highway, then west to Caiguna, then south to Point Dover Area: 102,488 sq km Parties: 79

WC95/20 – Waljen People #3 Member: Tony Lee Case Manager: Helen Waghorne Claimants: Roberta Vera Thomas on behalf of Leo Winston Thomas and the Waljen People Representative: Goldfields Land Council Lodged: 7 July 1995 Accepted: 14 July 1995 Close of notification: 23 October 1995 s.72 conference: 5 December 1996 Location: The claim area covers exploration licence 39/467 approx 200 km east of Menzies Area: 50.52 sq km Parties: 4

WC95/21 – Koara #4 & WC95/22 – Koara #3 Member: Tony Lee and Justice French Case Manager: Gwen Hinze Claimants: Ted Coomanoo Evans on behalf of the Koara People Representative: Newton Vincent Lodged: 7 July 1995 Accepted: 20 January 1995 Close of notification: 23 October 1995 s.72 conferences: 25 July 1996 Location: WC95/21 – near Lake Mason east of Cue, WC95/22 area 10 km north east from Tarmoola Area: WC95/21 – 347.7 sq km, WC95/22 – 10.5 sq km Parties: WC95/21 – 4, WC95/22 – 7

WC95/41 – Koara #5 & WC95/42 – Koara #6 Member: Tony Lee and Justice French Case Manager: Gwen Hinze Claimants: Ted Coomanoo Evans on behalf of the Koara People Representative: Newton Vincent Lodged: 10 August 1995

National Native Title Tribunal 31 Accepted: WC95/41 – 14 August 1995, WC95/42 – 12 August 1995 Close of notification: 20 November 1995 s.72 conference: 25 July 1996 Location: A number of exploration licenses around Leinster and Leonora Area: WC95/41 – 1,200.7 sq km, WC95/42 – 32.2 sq km Parties: WC95/41 – 15, WC95/42 – 167

WC95/27 – Gubrun Member: Tony Lee Case Manager: Klim Gollan Claimants: David and Brian Champion, George Wilson, Clem Donaldson, Cadley and Dennis Sambo on behalf of their respective (Gubrun) families Representative: Don McManus & Associates Philip Teitzel & Partners Lodged: 27 July 1995 Accepted: 22 December 1995 Close of notification: 15 July 1996 s.72 conference: 7 November 1996 Location: Land and waters between Southern Cross and Kalgoorlie, up to Mt Marmion and down to, but not including Norseman Area: 66,858 sq km Parties: 487

WC95/32 – Ngurludharra/Waljan Member: Tony Lee and Justice French Case Manager: Helen Waghorne Claimants: Quinton Tucker on behalf of the Ngurludharra clan and the Waljan clan Representative: Corser and Corser Lodged: 27 July 1995 Accepted: 19 January 1996 Close of notification: 18 June 1996 s.72 conference: 24 July 1996 Location: An area around Leonora and Laverton, and the edge of the Great Victoria Desert to the east Area: 123,731.5 sq km Parties: 262

WC95/38 – Waljen #4 Member: Tony Lee Case Manager: Helen Waghorne Claimants: Roberta Vera Thomas on behalf of the Waljen People Representative: Goldfields Land Council Lodged: 10 August 1995 Accepted: 12 August 1995 Close of notification: 20 November 1995 s.72 conference: 23 July 1996

32 National Native Title Tribunal Location: Area south of Laverton Area: 167.9 sq km Parties: 11

WC95/40 – Waljen Peoples No #5 Member: Tony Lee Case Manager: Helen Waghorne Claimants: Roberta Vera Thomas on behalf of Leo Winston Thomas and the Waljen People Representative: Goldfields Land Council Lodged: 10 August 1995 Accepted: 12 August 1995 Close of notification: 20 November 1995 s.72 conference: 23 July 1996 Location: Area of mining lease 38/394 3 km west of Laverton, mining leases 39/337 to 39/341 40 km south east of Leonora, mining leases 39/342 and 39/343 50 km east north east of Leonora Area: 63.7 ha Parties: 15

WC95/44 – Quinton Tucker Member: Tony Lee Case Manager: Helen Waghorne Claimants: Quinton Paul Tucker on behalf of the Njurludharra and Waljan Clans Representative: Corser & Corser Lodged: 3 August 1995 Accepted: 23 August 1995 Close of notification: 20 November 1995 s.72 conference: 24 July 1996 Location: Area is situated on pastoral lease and Vacant Crown Land 52 km south of Laverton Area: 29.1 sq km Parties: 6

WC95/47 – Tjupan People Member: Tony Lee and Fred Chaney Case Manager: Gwen Hinze Claimants: S h i r l ey Wo nyabong on behalf of Graham Narrier, Harvey Scadden, Kado Muir and the Tjupan People Representative: Tjupan Ngalia Tribal Land Council Lodged: 24 August 1995 Accepted: 28 August 1995 Close of notification: 4 December 1995 s. 72 conference: 3 April 1997 Location: Area is the proposed exploration licences 36/287 100 km south of Wiluna, 6/288, 30 km north west of Leinster and covers pastoral leases 3114/649, 3114/737 and 3114/620

National Native Title Tribunal 33 Area: 368.5 sq km Parties: 9

WC95/57 – Tjinintjarra Family Group Member: Tony Lee Case Manager: Helen Waghorne Claimants: Dimple Sullivan on behalf of Tjinintjarra Family Group, Sullivan Families, Winters Families, Edwards Families Representative: Goldfields Land Council Lodged: 25 September 1995 Accepted: 10 May 1996 Close of notification: 29 December 1996 s.72 conference: 11 February 1997 Location: Around Laverton and Malcolm and including Cosmo Newberry Area: 78,331 sq km Parties: 152

WC95/58 – Tjupan Ngalia People Member: Tony Lee and Justice French Case Manager: Gwen Hinze Claimants: Dolly Walker, Keith Sceghi, Eileen Clause, Rita Elliott, Shirley Wonyabong, Kado Muir, Les Tullock, Edna Sceghi on behalf of some other Tjupan People Representative: Tjupan Ngalia Tribal Land Council Lodged: 27 September 1995 Accepted: 7 May 1996 Close of notification: 10 February 1997 s. 72 conference: 3 April 1997 Location: Youno Downs Station in the North West Goldfields Area: 29,930.6 sq km Parties: 68

WC95/82 – Wanmulla Peoples Member: Tony Lee and Justice French Case Manager: Gwen Hinze Claimants: Reynold Allison on behalf of Neville Tullock, Sharman Tullock, Clive Miller, Kelman Miller, Shirley Wonyabong, Harvey Scadden, Edmond Redmond, Jennifer Narrier and others who are Wanmulla Peoples Representative: Unrepresented Lodged: 18 December 1995 Accepted: 11 May 1996 Close of notification: 26 January 1997 s. 72 conference: 2 April 1997 Location: An area of land and waters in the east Murchison region within the Shires of Wiluna, Leonora and Sandstone Area: 24,212.2 sq km Parties: 63

34 National Native Title Tribunal WC96/5 – Goolburthunoo Member: Tony Lee and Justice French Case Manager: Andrew Jaggers Claimants: Fred Meredith, Bobby Scott on behalf of the Goolburthunoo (Waljen) People Representative: Unrepresented Lodged: 15 January 1996 Accepted: 22 February 1996 Close of notification: 27 May 1996 s. 72 conference: 9 April 1997 Location: 7 km south east of Laverton Area: 7.2 sq km Parties: 7

WC96/6 Karonie People Member: Justice French and Tony Lee Case Manager: Deb Inglis Claimants: Merle Forrest, Arthur William McKenzie, Mercy O’Loughlin on behalf of Karonie People Representative: Unrepresented Lodged: 15 January 1996 Accepted: 22 February 1996 Close of notification: 27 May 1996 s. 72 conference: 7 May 1997 Location: 78 km north east of Kalgoorlie Area: 4.9 sq km Parties: 6

WC96/7 – Trevor Brownley and Others Member: Tony Lee Case Manager: Helen Waghorne Claimants: Trevor John Brownley, Rommel Charles McGarth & William Vincent on behalf of Bibila Lungkutjarra (Waljen) People Representative: Goldfields Land Council Lodged: 15 January 1996 Accepted: 15 February 1996 Close of notification: 13 May 1996 s. 72 conference: 5 December 1996 Location: 40 km east of Leonora Area: 3.7 sq km Parties: 5

WC96/8 – Wutha People Member: Tony Lee and Justice French Case Manager: Gwen Hinze Claimants: Raymond Ashwin on behalf of the Wutha People Representative: Mony de Kerloy Lodged: 19 January 1996

National Native Title Tribunal 35 Accepted: 26 June 1996 Close of notification: 26 January 1997 s. 72 conference: 2 April 1997 Location: An area including parts of the Shires of Leonora, Laverton and Wiluna Area: 40,512.9 sq km Parties: 121

WC96/10 – Mingarwee Member: Tony Lee and Justice French Case Manager: Deb Inglis Claimants: Dorothy Dimer, Ollan Dimer and Henry Richard Dimer on behalf of the Mingarwee (Maduwonjga) People Representative: Goldfields Land Council Lodged: 2 February 1996 Accepted: 11 May 1996 Close of notification: 7 March 1997 s.72 conference: 8 May 1997 Location: Near Kalgoorlie Area: 10,064 sq km Parties: 77

WC96/11 – Goolburthunoo Member: Tony Lee and Justice French Case Manager: Andrew Jaggers Claimants: Fred Merredith, Bobby Scott on behalf of the Goolburthunoo (Waljen) People Representative: Unrepresented Lodged: 2 February 1996 Accepted: 11 May 1996 Close of notification: 29 December 1996 s. 72 conference: 9 April 1997 Location: An area north of Kalgoorlie Area: 14,140 sq km Parties: 64

WC96/14 – Karonie People Member: Justice French and Tony Lee Case Manager: Deb Inglis Claimants: Merle Forrest, Arthur William McKenzie, Mercy O’Loughlin on behalf of the Karonie People Representative: Unrepresented Lodged: 12 February 1996 Accepted: 28 February 1996 Close of notification: 27 May 1996 s. 72 conference: 7 May 1997 Location: 40 km north east of Kambalda Area: 33.6 sq km Parties: 10

36 National Native Title Tribunal WC96/15 – Karonie People Member: Justice French and Tony Lee Case Manager: Deb Inglis Claimants: Merle Forrest, Arthur William McKenzie, Mercy O’Loughlin on behalf of the Karonie People Representative: Unrepresented Lodged: 12 February 1996 Accepted: 28 February 1996 Close of notification: 3 June 1996 s. 72 conference: 7 May 1997 Location: North and east of Kalgoorlie Area: 56.9 sq km Parties: 11

WC96/17 – Cosmo Newberry Member: Tony Lee Case Manager: Helen Waghorne Claimants: Harvey Murray on behalf of the applicants and others who are entitled in accordance with the traditional laws and customs to possess native title rights and interests in the claim area, and including several named individuals Representative: Ngaanyatjarra Land Council Lodged: 21 February 1996 Accepted: 11 May 1996 Close of notification: 29 December 1996 s.72 conference: 8 April 1997 Location: Cosmo Newberry, Yarmarna and Point Salvation Aboriginal Reserves, Yarmarna pastoral lease and other reserves within the Shire of Laverton Area: 12,277 sq km Parties: 31

WC96/19 – Karonie People #4 Member: Justice French and Tony Lee Case Manager: Deb Inglis Claimants: Merle Forrest, Arthur William McKenzie, Mercy O’Loughlin on behalf of the Karonie People Representative: Unrepresented Lodged: 1 March 1996 Accepted: 11 May 1996 Close of notification: 7 March 1997 s. 72 conference: 7 May 1997 Location: City of Kalgoorlie-Boulder, Shires of Coolgardie and Menzies Area: 24,520.7 sq km Parties: 122

WC96/20 – Mantjintjarra Ngalia Peoples Member: Tony Lee and Doug Williamson Case Manager: Gwen Hinze

National Native Title Tribunal 37 Claimants: Phyllis Thomas, Vanessa Thomas, Kado Muir on behalf of the Mantjintjarra and Ngalia Peoples Representative: Goldfields Land Council Lodged: 11 March 1996 Accepted: 11 May 1996 Close of notification: 29 December 1996 s. 72 conference: 3 April 1997 Location: In the Shires of Laverton, Leonora and Wiluna Area: 61,779.8 sq km Parties: 73

WC96/22 – Wutha People #2 Member: Tony Lee and Justice French Case Manager: Gwen Hinze Claimants: Raymond Ashwin on behalf of Wutha People Representative: Mony de Kerloy Lodged: 13 March 1996 Accepted: 26 June 1996 Close of notification: 29 January 1997 s. 72 conference: 2 April 1997 Location: North West Goldfields Area: 45,591.8 sq km Parties: 156

WC96/42 – Milangka – Purungu Member: Tony Lee Case Manager: Helen Waghorne Claimants: Thomasisha Lila Passmore on behalf of descendants of Thomas Alexander Forrest and his mother, Eva Ngingala Trilby Representative: Goldfields Land Council Lodged: 19 April 1996 Accepted: 26 June 1996 Close of notification: 7 March 1997 s. 72 conference: 6 May 1997 Location: Vicinity of Leonora Area: 15,457 sq km Parties: 105

WC96/44 – Murdeeu Group Member: Tony Lee Case Manager: Deb Inglis Claimants: Dale Gary Graham on behalf of Murdeeu Group Representative: Goldfields Land Council Lodged: 6 May 1996 Accepted: 24 July 1996 Close of notification: 15 December 1996 s.72 conference: 8 May 1997 Location: Centred on Kalgoorlie

38 National Native Title Tribunal Area: 5,157 sq km Parties: 105

WC96/59 – Newman’s Karrba Member: Tony Lee Case Manager: Deb Inglis Claimants: Jean Elizabeth McKenzie (nee Newman) on behalf of the descendants of Murray Newman and mother and wife Clara Giles, Len Newman; Rupert Newman; Gertie Newman – the three children of Murray Newman and wife Clara Representative: Goldfields Land Council Lodged: 28 May 1996 Accepted: 26 June 1996 Close of notification: 22 December 1996 s.72 conference: 20 May 1997 Location: An area around Esperance south from Melijinup to the north of Bandy Creek Area: 105.8 sq km Parties: 11

WC96/64 – Bullen – Noongar Member: Tony Lee Case Manager: Deb Inglis Claimants: Thomas William Bullen on behalf of the Bullen – Noongar People Representative: Aboriginal Legal Service (WA) Lodged: 6 June 1996 Accepted: 26 June 1996 Close of notification: 15 December 1996 s.72 conference: 20 May 1997 Location: An area around Esperance commencing at the coast at Mason Point to the southern boundary of the Frank Hann National Park Area: 49,797 sq km Parties: 89

WC96/81 – Tjeraridjal People Member: Justice French and Tony Lee Case Manager: Deb Inglis Claimants: Judith Ann Slater on behalf of the Tjeraridjal People Representative: Mony De Kerloy Lodged: 27 June 1996 Accepted: 28 August 1996 Close of notification: 7 March 1997 s. 72 conference: 7 May 1997 Location: Southern Goldfields Area: 25,723 sq km Parties: 126

National Native Title Tribunal 39 WC96/85 – Wheelman Member: Tony Lee Case Manager: Deb Inglis Claimants: Gerald Williams on behalf of the Wheelman People Representative: Goldfields Land Council Lodged: 12 July 1996 Accepted: 28 August 1996 Close of notification: 5 January 1997 s.72 conference: 13 February 1997 Location: An area around Esperance north from Eucla, south west to Wagin (Arthur River) and Walpole and southerly to 12 nm seaward from the mainland Area: 162,032 sq km Parties: 138

40 National Native Title Tribunal PILBARA

WC94/5 Ngaluma/Injibandi People #1 WC95/3 – Ngaluma/Injibandi People #2 Member: Justice French and Mary Edmunds Case Manager: Sue Kee Claimants: D Daniel, J Solomon, T Kerr & D Moses for the Ngaluma People, B Monadee, K Monadee, W King, Y Warrie & K Jerrold on behalf of the Injibandi People Representative: Dwyer Durack Lodged: WC94/5 – 27 July 1994, WC95/3 – 22 December 1994 Accepted: WC94/5 – 20 December 1994, WC95/3 – 5 January 1996 Close of notification: WC94/5 – 22 May 1995, WC95/3 – 9 April 1996 s.72 conference: WC94/5 – 18 July 1995, WC95/3 – 27 June 1996 Location: Areas in the vicinity of the towns of Reobourne, Cossack, Karratha in the Western Pilbara Area: WC94/5 – 18,772.4 sq km, WC95/3 – 5,659.5 sq km Parties: WC94/5 – 114, WC95/3 – 22

WC95/2 – Member: Tony Lee Case Manager: Jo-Anne Franz Claimants: Judy Hughes, Valerie Ashburton, Laura Hicks, John Ard, Douglas Fazeldeane, Claude Butler and Albert Hayes on behalf of the Thalanyji People Representative: Corser & Corser Lodged: 5 January 1995 Accepted: 23 June 1995 Close of notification: 10 October 1995 s. 72 conference: 2 April 1996 Location: Two areas of land outside the Onslow township Area: 293 sq km Parties: 11

WC95/52, Woodstock/Abydos, WC95/53 Karriyarra/Yinjibarndi People Member: Mary Edmunds Case Manager: Malcolm O’Dell Claimants: Gordon Pontroy on behalf of the Kariyarra Yinjibarndi Peoples Representative: Don McLeod Lodged: 14 September 1995 Accepted: 29 December 1995 Close of notification: 3 April 1996 s 72 conference: 19 November 1996 Location: Approx 160 km South of Port Hedland, area includes the Woodstock/Abydos Reserves and adjoining Crown Land to the east of Woodstock/Abydos Reserves Area: WC95/52 – 1,522.8 sq km, WC95/53 – 3,170.6 sq km Parties: 6

National Native Title Tribunal 41 WC95/60 Birrimaya Member: Mary Edmunds and Tony Lee Case Manager: Sue Kee Claimants: Ginger BOB (Djinjinedi) on behalf of the Nangamada/ Ngarla/Warmun/Namal Representative: Don McLeod Lodged: 3 October 1995 Accepted: 8 January 1996 Close of notification: 9 April 1996 s 72 conference: 19 November 1996 Location: Approx 180 km east of Port Hedland Area: 557.8 sq km Parties: 2

WC95/61, 62, 63, 64, 65, 66, 67 & 68 – Warrarn #1 to #8 Member: Tony Lee and Mary Edmunds Case Manager: Jo-Anne Franz Claimants: A now deceased person on behalf of Warrarn/Yinyayinganinya /Kakanija/Ngarlalupa/Nyamalju/Kariyarralu Representative: Don McLeod Lodged: 3 October 1995 Accepted: 17 January 1996 Close of notification: 22 April 1996 s. 72 conference: 20 November 1996 Location: Approx 50 km east southeast of Port Hedland. The area is known as Strelley and Coongan Stations Area: 4,451.9 sq km, 1,845.5 sq km, 3 sq km, 2,485.9 sq km, 2.9 sq km, 3 sq km, 48 sq km and 65 sq km Parties: 17

WC95/73 – Coastal & Kariera #1 Member: Doug Williamson, Pam O’Neil and Tony Lee Case Manager: David Watson Claimants: Eric Snook on behalf of Nyamal Coastal and Kariera Peoples Representative: Aboriginal Legal Service (WA) Lodged: 23 October 1995 Accepted: 14 December 1995 Close of notification: 11 March 1996 s. 72 conference: 9 April 1997 Location: 20 km south west of Port Hedland Area: 1.1 sq km Parties: 3

WC95/75 – Nyangamarta-Pitjikarli Member: Fred Chaney, Mary Edmunds and Doug Williamson Case Manager: Malcolm O’Dell Claimants: Billy Thomas on behalf of Nyangamarta-Pitjikarli People Representative: Western Desert Puntukurnuparna Aboriginal Corporation Lodged: 6 November 1995

42 National Native Title Tribunal Accepted: 12 April 1996 Close of notification: 15 July 1996 s 72 conference: 23 May 1997 Location: North of Telfer Mining Centre Area: 2,044.4 sq km Parties: 8

WC96/9 – Ngolibardu Peoples Member: Fred Chaney, Mary Edmunds and Doug Williamson Case Manager: Malcolm O’Dell Claimants: Billy Dunn on behalf of Ngolibardu Peoples Representative: Unrepresented Lodged: 2 February 1996 Accepted: 25 October 1996 Close of notification: 24 February 1997 s. 72 conference: 23 May 1997 Location: In the vicinity of Rudall River National Park Area: 15,472.8 sq km Parties: 16

WC96/24 – Nyamal Coastal & Kariera Member: Doug Williamson, Pam O’Neil and Tony Lee Case Manager: David Watson Claimants: Charlie Coppin & Bridie Alec on behalf of Kariyarra (Kariera) Peoples Representative: Aboriginal Legal Service (WA) Lodged: 18 March 1996 Accepted: 22 April 1996 Close of notification: 22 July 1996 s. 72 conference: 7 April 1997 Location: 20 km west of Port Hedland Area: 0.3 sq km Parties: 1

WC96/28 – James Member: Fred Chaney, Doug Williamson and Mary Edmunds Case Manager: Malcolm O’Dell Claimants: J James, T Edwards and others on behalf of those who through birth, descent, association and adherence to traditional law and custom are acknowledged to be owners and custodians Representative: Western Desert Puntukurnuparna Aboriginal Corporation Lodged: 18 March 1996 Accepted: 27 May 1996 Close of notification: 30 September 1996 s. 72 conference: 23 May 1997 Location: 150 to 180 km south east of Telfer Area: 1,208.2 sq km Parties: 4

National Native Title Tribunal 43 WC96/34 – Kariyarra #1 Member: Doug Williamson and Mary Edmunds Case Manager: David Watson Claimants: Diana Robinson on behalf of Mara Pikurrinya family group of the Kariyarra People Representative: Pilbara Aboriginal Land Council Lodged: 1 April 1996 Accepted: 22 May 1996 Close of notification: 27 October 1996 s. 72 conference: 9 April 1997 Location: 12 km south of Port Hedland Area: 0.074 ha. Parties: 1

WC96/35 – Kariyarra #2 Member: Doug Williamson and Mary Edmunds Case Manager: David Watson Claimants: Diana Robinson on behalf of the Mara Pikurrinya, family group of the Kariyarra People Representative: Pilbara Aboriginal Land Council Lodged: 1 April 1996 Accepted: 22 May 1996 Close of notification: 27 October 1996 s. 72 conference: 9 April 1997 Location: 12 km south of Port Hedland Area: 0.13 sq km Parties: 2

WC96/36 Karriyarra #3 Member: Doug Williamson and Mary Edmunds Case Manager: David Watson Claimants: Diana Robinson on behalf of the Mara Pikurrinya, a family group of the Kariyarra People Representative: Pilbara Aboriginal Land Council Lodged: 1 April 1996 Accepted: 22 May 1996 Close of notification: 11 November 1996 s. 72 conference: 9 April 1997 Location: 5 km north east of Port Hedland town centre along Counihan Crescent Area: 0.24 sq km Parties: 5

WC96/37 – Kariyarra #4 Member: Doug Williamson and Mary Edmunds Case Manager: David Watson Claimants: Diana Robinson on behalf of Mara Pikurrinya family group of the Kariyarra People

44 National Native Title Tribunal Representative: Pilbara Aboriginal Land Council Lodged: 1 April 1996 Accepted: 22 May 1996 Close of notification: 27 October 1996 s. 72 conference: 9 April 1997 Location: 12 km south of Port Hedland on the North West Coastal Highway Area: 0.04 sq km Parties: 2

WC96/40 – Kariyarra #5 Member: Doug Williamson and Mary Edmunds Case Manager: David Watson Claimants: Diana Robinson on behalf of Mara Pikurrinya family group of the Kariyarra People Representative: Pilbara Aboriginal Land Council Lodged: 1 April 1996 Accepted: 22 May 1996 Close of notification: 11 November 1996 s. 72 conference: 9 April 1997 Location: 5 km north east of Port Hedland town centre lot 5774 being reserve 39832 Area: 31 sq m Parties: 5

WC96/50 – Fry Member: Fred Chaney, Doug Williamson and Mary Edmunds Case Manager: Malcolm O’Dell Claimants: Patricia Fry and others through birth, descent, association and adherence to traditional law and custom acknowledged to be owners and custodians of the claim area Representative: Western Desert Puntukurnuparna Aboriginal Corporation Lodged: 13 May 1996 Accepted: 22 May 1996 Close of notification: 19 August 1996 s. 72 conference: 23 May 1997 Location: Mount Cotten Area: 97.6 sq km Parties: 5

WC96/57 – Thomas Member: Fred Chaney, Mary Edmunds and Doug Williamson Case Manager: Malcolm O’Dell Claimants: Billy Thomas on behalf of Bob Ginner, Salina Bidu and other Nyangamarta-Pitjikarli People Representative: Western Desert Puntukurnuparna Aboriginal Corporation Lodged: 27 May 1996 Accepted: 30 May 1996 Close of notification: 11 November 1996

National Native Title Tribunal 45 s. 72 conference: 23 May 1997 Location: 20 km south east of Telfer Area: 2.3 sq km Parties: 4

WC96/61 Bunjima, Niapaili, Innawonga Member: Doug Williamson and Mary Edmunds Case Manager: Sue Kee Claimants: Bunjima, Niapaili and Innawonga Peoples Representative: Edwards Robinson Lark Lodged: 4 June 1996 Accepted: 26 June 1996 Close of notification: 11 April 1996 s. 72 conference: 5 June 1997 Location: Including but not confined to parts of Mt Florance, Mulga Downs, Mt Brockman, Hamersley, Rocklea , and Vacant Crown Land Area: 26,319 sq km Parties: 36

WC96/78 – Martu Member: Fred Chaney, Mary Edmunds and Doug Williamson Case Manager: Malcolm O’Dell Claimants: Mack Gardener and others on behalf of the Representative: Western Desert Puntukurnuparna Aboriginal Corporation Lodged: 24 June 1996 Accepted: 22 August 1996 Close of notification: 22 December 1996 s. 72 conference: 22 May 1997 Location: Western Pilbara region, includes the Rudall River National Park Area: 219,367 sq km Parties: 31

WC96/84 – Nomads Member: Fred Chaney, Mary Edmunds and Doug Williamson Case Manager: Malcolm O’Dell Claimants: A now deceased person, Billy Thomas, Frank French, Billy Dunn on behalf of the Njanjamarda, Wanman, Kardujara, Ngolibardu Peoples Representative: Don McLeod Lodged: 10 July 1996 Accepted:` 12 November 1996 Close of notification: 24 February 1997 s. 72 conference: 23 May 1997 Location: Rudall River National Park and surrounding area Area: 45,992 sq km Parties: 17

46 National Native Title Tribunal WC96/89 – Yaburara & Mardudhunera People Member: Mary Edmunds Case Manager: Sue Kee Claimants: Valerie Holborow and others on behalf of the Yaburara and coastal Mardudhunera People Representative: Macdonald Rudder Lodged: 1 August 1996 Accepted: 12 September 1996 Close of notification: 18 April 1997 s. 72 conference: 10 June 1997 Location: Shire of Roebourne including land and waters within country between Nicol River and the west boundary of Mardie Station Area: 13,941 sq km Parties: 117

WC96/97 – Eastern Kuruma People Member: Doug Williamson Case Manager: Sue Kee Claimants: Laurence Charles & Margaret Esme Milly Milly on behalf of the Eastern Kuruma People Representative: Macdonald Rudder Lodged: 2 October 1996 Accepted: 15 October 1996 Close of notification: 30 April 1997 s. 72 conference: 5 June 1997 Location: Area includes Mt Sheila, Blooms Well, Mt Brockman, Mt Samson, Mt Bennett, Mt Barricade, Mt Bruce, Mt Vigor, Rio Tinto Gorge and townsite of Tom Price Area: 7,114 sq km Parties: 17

National Native Title Tribunal 47 SOUTH AUSTRALIA

SC94/1 – Coulthard – Member: Fred Chaney, Rick Farley and Chris Sumner Case Manager: Anthea Howard Claimants: Gordon S. Coulthard, A Coulthard, D Coulthard, A Stuart on behalf of all Adnyamathanha People Representative: Unrepresented Lodged: 6 October 19994 Accepted: 8 May 1995 Close of notification: 21 August 1995 s. 72 conference: 11 November 1996 Location: Covers the Wooltana pastoral lease and the Gammon Ranges National Park in the northern Flinders Ranges Area: 3,763 sq km Parties: 6

SC95/1 – #1 Member: Fred Chaney and Rick Farley Case Manager: Anthea Howard Claimants: Mark McKenzie (Snr) on behalf of Brady, Clark, Coulthard, Davies, Davis, Demell, Forbes, McKenzie, Pondi, Richards, Ryan, Stuart, Stubbs and Wilton Families Representative: Corser and Corser Lodged: 9 January 1995 Accepted: 21 September 1995 Close of notification: 18 December 1995 s. 72 conference: To be convened Location: A portion of Flinders Ranges National Park Area: 576 sq km Parties: 8

SC95/2 – Dieri Mitha Member: Fred Chaney and Mary Edmunds Case Manager: Anthea Howard Claimants: Angus, Linda, Graham, Raelene and Gregory Warren, Perry Tucker and Raymond Boland on behalf of the Dieri People Representative: Unrepresented Lodged: 16 January 1995 Accepted: 9 October 1995 Close of notification: 3 January 1996 s. 72 conference: 24 October 1996 Location: Far north east of South Australia, and includes the Lake Eyre Basin and part of the Simpson Desert Area: 119,445 sq km Parties: Not finalised

48 National Native Title Tribunal SC95/3 – Stuart/Mckenzie – Adnyamathanha Member: Fred Chaney and Rick Farley Case Manager: Anthea Howard Claimants: Angelina Stuart, Dawn Stuart, Don McKenzie, Maude McKenzie, Corrina Stuart, Virginia Stuart, Noleen McKenzie-Stuart, Aaron Stuart, Jacqueline Crawford on behalf of all Adnyamathanha People Representative: Johnston Withers Lodged: 1 March 1995 Accepted: 21 September 1995 Close of notification: 18 December 1995 s.72 conference: 11 November 1996, resumed 7 February 1997 Location: Covers portions of the Wertaloona (including Chambers Gorge), Wirrealpa and Mulga View South pastoral leases, northern Flinders Ranges Area: 355 sq km Parties: 4

SC95/4 – Kuyani #2 Member: Fred Chaney, Rick Farley and Mary Edmunds Case Manager: Anthea Howard Claimants: Mark McKenzie on behalf of the Kuyani Association and the B ra d y, Clark, Coulthard, Dav i e s, Dav i s, Demell, Fo r b e s, McKenzie, Pondi, Richards, Ryan, Stuart, Stubbs, Wilton families Representative: Corser and Corser Lodged: 19 September 1995 Accepted: 13 March 1996 Close of notification: 25 November 1996 s. 72 conference: To be convened Location: Mid-north and Flinders Ranges, South Australia Area: 151,834 sq km Parties: Approx 600

SC95/5 – Mr Ted Roberts Member: Paul Seaman Case Manager: Greg Jervis Claimants: Edward Herbert Roberts on behalf of Gugada () and Maralinga Tjarutja People Representative: Jaak Oks Lodged: 9 October 1995 Accepted: 2 May 1996 Close of notification: 1 October 1996 s. 72 conference: 12 June 1997 Location: West coast, including part of Nullarbor Regional Reserve Area: 48,172 sq km Parties: 27

National Native Title Tribunal 49 SC95/6 – Paterson/McKenzie Member: Fred Chaney, Rick Farley, and Mary Edmunds Case Manager: Anthea Howard Claimants: Beverley Paterson, Stuart Paterson, Annette Wilton, Donald McKenzie, Irene Mckenzie, Vivienne McKenzie on behalf of Adnyamathanha Aboriginals of the Flinders Ranges Representative: Johnston Withers and Associates Lodged: 8 November 1995 Accepted: 12 April 1996 Close of notification: 25 November 1996 s. 72 conference: 16 June 1997 Location: Western Flinders Ranges, area around Area: 5,584 sq km Parties: 25

SC95/7 – Antakirinja Mutuntjarra Member: Paul Seaman and Fred Chaney Case Manager: Anthea Howard Claimants: Mr William Herbert Lennon Snr on behalf of those other Antakirinja Mututjarra Land Council Aboriginal pers o n s acknowledged in accordance with traditional, laws and customs to be the owners of the claim area predominantly through historical, spiritual and ancestral relationships to that land Representative: John Falting Lodged: 14 November 1995 Accepted: 29 August 1996 Close of notification: 6 January 1997 s. 72 conference: To be convened Location: Far north, including an area south of Coober Pedy to Glendambo, and north to Cadney Park, bordered to the west by the Anangu Pitjantjatjara and Maralinga Tjarutja lands Area: 78,605 sq km Parties: 64

SC96/1 – Maralinga Tjarutja Member: Paul Seaman and Mary Edmunds Case Manager: Greg Jervis Claimants: Peter Pepper, Hughie Windlass, Mervyn Day, Edie Milpuddie, Nellie Queama on behalf of the Maralinga Tjarutja Representative: Darcy O'Shea Lodged: 28 February 1996 Accepted: 31 May 1996 Close of notification: 4 November 1996 s. 72 conference: 2 April 1997 Location: Central north-western South Australia, including coastal areas along the Great Australian Bight Area: 64,527 sq km Parties: 87

50 National Native Title Tribunal SC96/2 – Yalata Community Member: Paul Seaman and Mary Edmunds Case Manager: Greg Jervis Claimants: Henry Beard, Veronica Bridley, Barka Bryant, Yvonne Edwards, Colleen Waratah Tschuna, Kevin Ware, Girlie Watson on behalf of Yalata Community Inc Representative: Lempriere Abbott Lodged: 28 February 1996 Accepted: 29 May 1996 Close of notification: 4 November 1996 s. 72 conference: 2 April 1997 Location: Western coast of South Australia including the Head of the Bight Area: 4,674 sq km Parties: 8

SC96/6 – Kokatha Member: Fred Chaney, Mary Edmunds and Rick Farley Case Manager: Anthea Howard Claimants: Roger James Thomas on behalf of Aboriginal members of the Dingaman, Thomas, Starkey, Reid, Wingfield, Stra n g eways, Clifton, Baker and other Kokatha Aboriginal families Representative: Johnston Withers and Associates Lodged: 19 July 1996 Accepted: 9 September 1996 Close of notification: 19 February 1997 s. 72 conference: To be convened Location: The application covers (a national park) and an area to the west of the Lake, including the Olympic Dam and Andamooka townsites Area: 33,617 sq km Parties: 25

National Native Title Tribunal 51 SOUTH EAST

NC94/6 – # 1 Member: Justice French, Michael McDaniel and Kim Wilson Case Manager: Jane Mussett Claimants: Ian Watson on behalf of the Darug People Representative: NSW Aboriginal Land Council Lodged: 29 September 1994 Accepted: 20 September 1995 Close of notification: 3 January 1996 s.72 conference: 23 February 1996 Location: Parts of Excelsior Park, Darling Mills State Forest, Ted Horwood Reserve in Baulkham Hills Shire Council, north-west Sydney Area: Approx 3 sq km Parties: 6

NC94/7 – Gilgandra Member: Sean Flood and Sue Ellis Case Manager: Jane Mussett Claimants: Wayne Bamblett and James Merritt on behalf of Wiradjuri, Wongaibon – Nyaampur and Kamilaroi People of the Gilgandra Region Representative: NSW Aboriginal Land Council Lodged: 5 December 1994 Accepted: 11 September 1995 Close of notification: 11 December 1995 s.72 conference: 14 June 1996 Location: Vacant Crown Land located off Hargraves Lane, Gilgandra Area: 37 ha Parties: 3

NC95/1 – Arakwal (Byron Bay) Member: Kim Wilson Case Manager: Andrew Solomon Claimants: L Kelly, L Vidler, Y Graham on behalf of the Arakwal People Representative: NSW Aboriginal Land Council Lodged: 22 December 1994 Accepted: 20 September 1995 Close of notification: 18 December 1995 s.72 conference: 8 July 1996 Location: Crown land and waters in and around Byron Bay Area: 106 sq km Parties: 9

52 National Native Title Tribunal NC95/2 – Ngunawal # 1, NC95/3 Ngunawal # 2, NC96/9 – Ngunawal # 3, NC96/17 – Ngunawal # 4 Member: Diane Smith Case Manager: Andrew Solomon Claimants: Donald Bell on behalf of the Ngunawal ACT and Districts Aboriginal Council of Elders Representative: NSW Aboriginal Land Council Lodged: NC95/2 – 30 January 1995, NC95/3 – 30 January 1995, NC96/9 – 11 March 1996, NC96/17 – 30 May 1996 Accepted: NC95/2 – 22 March 1995, NC95/3 – 3 May 1995, NC96/9 – 29 May 1996, NC96/17 – 12 July 1996 Close of notification: NC95/2 – 4 July 1995, NC95/3 -3 July 1995, NC96/9 – 30 September 1996, NC96/17 – 27 October 1996 s.72 conference: NC95/2 – 9 April 1997, NC95/3 – 23 October 1996, NC96/9 – 30 September 1996, NC96/17 – 9 April 1997 Location: C rown land areas around the Canberra region fro m Murrumbateman to Mongarlowe Area: NC95/2 – 1.5 ha, NC95/3 – 7 sq km, NC96/9 – 4,612 sq m, NC96/17 – 8093 sq m Parties: NC95/2 – 5, NC95/3 – 10, NC96/9 – 3, NC96/17 – 6

NC95/4 – Patricia Davis-Hurst Member: Hal Wootten, Michael McDaniel and Sean Flood Case Manager: Louise Anderson Claimants: Patricia Davis-Hurst on behalf of the traditional owners of S a l t wa t e r, their descendants including the families of Maher/Marr, Simon (Uncle Joe), Saunders, Clarke, Ping, Dumas, Mitchell, Russell, McClements, Ridgeway Representative: Craddock Murray & Neumann Lodged: 1 February 1995 Accepted: 22 June 1995 Close of notification: 25 September 1995 s.72 conference: 21 March 1996 Location: Saltwater Aboriginal Place (less portions 124 and 125) near Wallabi Point, Taree on the northern coast of New South Wales Area: 13 ha Parties: 5

NC95/5 – Patricia Davis-Hurst Member: Hal Wootton, Michael McDaniel and Sean Flood Case Manager: Louise Anderson Claimants: Patricia Davis-Hurst on behalf of the traditional owners of S a l t wa t e r, their descendants including the families of Maher/Marr, Simon (Uncle Joe), Saunders, Clarke, Ping, Dumas, Mitchell, Russell, McClements, Ridgeway Representative: Craddock Murray & Neumann Lodged: 6 February 1995 Accepted: 22 June 1995

National Native Title Tribunal 53 Close of notification: 25 September 1995 s.72 conference: 21 March 1996 Location: Saltwater Lagoon, part of Saltwater Gully, the beach and sand dunes near Taree, New South Wales Area: Less than 5 ha Parties: 5

NC95/6 – Reuben Brown Member: Michael McDaniel and Sean Flood Case Manager: Anouchka Lenfer Claimants: Reuben Brown on behalf of all members of the Jerrungurah People Representative: KEJ Tribal Elders Corporation Lodged: 10 April 1995 Accepted: 20 September 1995 Close of notification: 18 December 1995 s.72 conference: 2 August 1996 Location: Waters, fisheries, benthos and the river bed between the river banks immediately surrounding Pig Island in the Shoalhaven River, New South Wales Area: Approx 1 ha Parties: 10

NC95/8 – Wonnarua Tribal Council Inc, NC95/12 – Wonnarua Tribal Council #2, NC96/1 – Wonnarua Tribal Council Inc #3, NC96/2 – Wonnarua Tribal Council Inc #4, NC96/20 – Wonnarua People Member: Kim Wilson and Sue Ellis Case Manager: Louise Anderson Claimants: NC95/8 – Wonnarua Tribal Council Inc. on behalf of the Wonnarua People of the Hunter Valley, NC95/12, NC96/1, NC96/2, NC96/20 – Victor Perry on behalf of the Wonnarua People of the Hunter Valley Representative: NSW Aboriginal Land Council Lodged: NC95/8 – 31 August 1995, NC95/12 – 1 December 1995, NC96/1 – 17 January 1996, NC96/2 – 17 January 1996, NC96/20 – 26 June 1996 Accepted: NC95/8 – 5 September 1995, NC95/12 – 8 July 1996, NC96/1 – 13 February 1996, NC96/2 – 22 February 1996, NC96/20 – 26 June 1996 Close of notification: NC95/8 – 4 December 1995, NC95/12 – 5 January 1997, NC96/1 – 13 May 1996, NC96/2 – 20 May 1996, NC96/20 – 8 December 1996 s.72 conference: NC95/8 – 11 April 1997, NC95/12 – To be conve n e d , NC96/1 – To be convened, NC96/2 – To be convened, NC96/20 – To be convened Location: NC95/8 – Hunter Va l l ey, NC95/12 – Hunter Va l l ey, NC96/1 – Neath, NC96/2 – Singleton, NC96/20 – Singleton Area: NC95/8 – 40 ha, NC95/12 – < 439 sq km, NC96/1 – not calculated, NC96/2 – 14 ha, NC96/20 – not calculated

54 National Native Title Tribunal Parties: NC95/8 – 7, NC95/12 – 13, NC96/1 – 5, NC96/2 – 4, NC96/20 – 12

NC95/9 – Elouera (Shellharbour) Member: Michael McDaniel Case Manager: Andrew Solomon Claimants: Ernie Duren on behalf of the Elouera Aboriginal People Representative: KEJ Tribal Elders Corporation Lodged: 6 September 1995 Accepted: 1 March 1996 Close of notification: 3 June 1996 s.72 conference: 16 May 1997 Location: Crown land and coastal waters between Shellharbour and Kiama in the Illawarra area south of Sydney Area: Not calculated Parties: 11

NC95/10 – Barkindji People Member: Michael McDaniel and Kim Wilson Case Manager: Anouchka Lenfer Claimants: Ray Lawson and Irene Mitchell on behalf of the Barkindji People Representative: NSW Aboriginal Land Council Lodged: 8 September 1995 Accepted: 27 November 1995 Close of notification: 28 February 1996 s.72 conference: 31 October 1996 Location: Lot 189 DP 820470 in the Parish of Wentworth Area: Not calculated Parties: 4

NC95/11 – United Githabul Tribal Nations Member: Kim Wilson and Michael McDaniel Case Manager: Jane Mussett Claimants: Chris Charles on behalf of all the members of the Githabul Nations Representative: Craddock Murray & Neumann Lodged: 5 September 1995 Accepted: 16 January 1996 Close of notification: 15 April 1996 s.72 conference: 11 September 1997 Location: Northern New South Wales and southern Queensland centred around Woodenbong Area: Approx 2000 sq km Parties: 44

NC95/13 – Darkinoong Member: Kim Wilson and Michael McDaniel Case Manager: Louise Anderson

National Native Title Tribunal 55 Claimants: Harry Sales on behalf of the Darkinoong People Representative: Unrepresented Lodged: 22 December 1995 Accepted: 25 January 1996 Close of notification: 29 April 1996 s.72 conference: To be convened Location: Norah Head, NSW Central Coast Area: 16 ha Parties: 4

NC96/3 – Pooningbah, NC96/22 – Cudgenburra (Fingal Peninsula) Member: Kim Wilson Case Manager: Andrew Solomon Claimants: NC96/3 – P Close, F Krasna & R Rotumah on behalf of members of the Pooningbah Aboriginal Community Corporation, NC96/22 – S Lever, P Combo & D Williams on behalf of the Cundgenburra People Representative: NC96/3 – Halliday & Stainlay, NC96/22 – Andrew Chalk & Associates Lodged: NC96/3 – 9 February 1996, NC96/22 – 26 June 1996 Accepted: NC96/3 – 31 May 1996, NC96/22 – 4 August 1996 Close of notification: NC96/3 – 30 September 1996, NC96/22 – 8 December 1996 s.72 conference: To be convened Location: Crown land on the Fingal Peninsula at Tweed Heads (both applications cover the same area) Area: Not calculated Parties: NC96/3 – 6, NC96/22 – 6

NC96/5 – Jerrungurah People Member: Michael McDaniel and Sean Flood Case Manager: Anouchka Lenfer Claimants: Gordon Wellington on behalf of the Jerrungurah Aboriginal People Representative: KEJ Tribal Elders Aboriginal Corporation Lodged: 28 February 1996 Accepted: 21 May 1996 Close of notification: 23 September 1996 s.72 conference: 18 December 1996 Location: Shoalhaven Head, NSW Area: Not calculated Parties: 7

NC96/6 – Darug #2 Member: Michael McDaniel and Justice French Case Manager: Jane Mussett Claimants: Dennis Gale on behalf of the Darug Representative: Darug Tribal Aboriginal Corporation Lodged: 11 March 1996

56 National Native Title Tribunal Accepted: 24 April 1996 Close of notification: 29 July 1996 s.72 conference: 15 September 1997 Location: Crown land situated on the near the junction of the Colo River in Lower Portland Area: 10 ha Parties: 6

NC96/7 – Gundungurra Member: Kim Wilson and Joanna Kalowski Case Manager: Anouchka Lenfer Claimants: Mervyn Trindall on behalf of Gundungurra People Representative: Craddock Murray & Neumann Lodged: 11 March 1996 Accepted: 9 June 1996 Close of notification: 13 October 1996 s.72 conference: To be convened Location: Crookwell Area: Not calculated Parties: 5

NC96/8 – Baryulgil, NC96/14 – Bunjalung People Member: Kim Wilson Case Manager: Louise Anderson Claimants: NC96/8 – Kenneth ‘Linki’ Gordon on behalf of the Bunjalung People of Malabugilmah and Baryugil, NC96/14 – Eric walker on behalf of the Bunjalung People of Tabulam Representative: NSW Aboriginal Legal Council Lodged: NC96/8 – 12 March 1996, NC96/14 – 3 May 1996 Accepted: NC96/8 – 15 May 1996, NC96/14 – 19 June 1996 Close of notification: NC96/8 – 4 November 1996, NC96/14 – 27 October 1996 s.72 conference: To be convened Location: NC96/8 – near Grafton, NC96/14 – Tabulam Area: Not calculated Parties: NC96/8 – 14, NC96/14 – 14

NC96/15 – Gumbaingerrii Mudgai Elders Member: Michael McDaniel Case Manager: Anouchka Lenfer Claimants: Sylvia Ruth Hart and Cecil John Hart on behalf of the Gumbaingerrii Mudgai Elders of Coffs Harbour Representative: Unrepresented Lodged: 17 May 1996 Accepted: 31 May 1996 Close of notification: 30 September 1996 s.72 conference: To be convened Location: Coffs Harbour, NSW Area: Not calculated Parties: 14

National Native Title Tribunal 57 NC96/16 – Bandjalung People Member: Sue Ellis and Kim Wilson Case Manager: Anouchka Lenfer Claimants: Lawrence Wilson on behalf of the Bandjalung People Representative: NSW Aboriginal Land Council Lodged: 17 May 1996 Accepted: 17 October 1996 Close of notification: 11 April 1997 s.72 conference: To be convened Location: Evans Head Area: Not calculated Parties: 96

NC96/18 – Kamilaroi People — Coonabarabran Member: Sue Ellis and Michael McDaniel Case Manager: Anouchka Lenfer Claimants: Margaret Robinson, on behalf of the Kamilaroi Aboriginal People. Representative: NSW Aboriginal Land Council Lodged: 17 June 1996 Accepted: 14 August 1996 Close of notification: 15 December 1996 s.72 conference: To be convened Location: Coonabarabran, NSW Area: Not calculated Parties: 6

NC96/19 Wiradjuri Elders Narrandera Member: Justice Jane Matthews and Pam O’Neil Case Manager: Louise Anderson Claimants: Thomas Lyons and Olive Simpson on behalf of the Wiradjuri Elders of the Narrandera area Representative: NSW Aboriginal Legal Service Lodged: 20 June 1996 Accepted: 19 September 1996 Close of notification: 19 January 1997 s. 72 conference: To be convened Location: Cr own Land and wat e r s in and around the township of Narran d e r a Area: Not calculated Parties: Not finalised

NC96/23 – Arakwal #2 (Byron Bay) Member: Kim Wilson Case Manager: Andrew Solomon Claimants: L Kelly, L Vidler, Y Graham on behalf of Arakwal People Representative: NSW Aboriginal Land Council Lodged: 1 July 1996 Accepted: 23 July 1996 Close of notification: 27 October 1996

58 National Native Title Tribunal s.72 conference: To be convened Location: An area of Crown road at Byron Bay Area: Approx 2 ha Parties: 4

NC96/24 – Ballina, Bunjalung #3 Member: Kim Wilson Case Manager: Louise Anderson Claimants: Lewis Cook on behalf of the Bunjalung Elders Representative: NSW Aboriginal Land Council Lodged: 8 July 1996 Accepted: 14 August 1996 Close of notification: 30 June 1997 s. 72 conference: To be convened Location: Area located in the town of Ballina Area: Approx 4 ha Parties: 4

NC96/25 – Bunjalung People #2 Member: Kim Wilson and Sean Flood Case Manager: Louise Anderson Claimants: Mr Eric Walker, who claims on behalf of the Bundjalung People of Tabulam NSW Representative: NSW Aboriginal Land Council Lodged: 4 July 1996 Accepted: 14 August 1996 Close of notification: 5 January 1997 s. 72 conference: 30 July 1997 Location: An area of land and waters South of Tabulam NSW. Area: Approx 7.5 sq km (excluding waters) Parties: 15

NC96/27 – Gundungurra #2 Member: Joanna Kalowski Case Manager: Daliah Fittler Claimants: Mervyn Trindall and those members of the Gundungurra People who are affiliated with the area Representative: Craddock Murray & Neumann Lodged: 20 August 1996 Accepted: 8 October 1996 Close of notification: 28 February 1997 s.72 conference: To be convened Location: Newnes State Forest approx 8 km from the city of Lithgow Area: 975ha Parties: 5

National Native Title Tribunal 59 NC96/28 – Wiradjuri People Member: Joanna Kalowski Case Manager: Daliah Fittler Claimants: Wendy Lewis on behalf of the Wiradjuri People of Cox’s River Representative: NSW Aboriginal Legal Service Lodged: 20 August 1996 Accepted: 23 October 1996 Close of notification: 24 February 1997 s. 72 conference: To be convened Location: Newnes State Forest approx 8 kilometres north east of the city of Lithgow, land the subject of a mining lease application Area: 975 ha Parties: 5

NC96/34 – Broulee Claimants Group Member: Michael McDaniel and Kim Wilson Case Manager: Louise Anderson Claimants: Danny Chapman, Ron Nye and Newton Carriage on behalf of the Broulee claimant group Representative: Andrew Chalk & Associates Lodged: 29 October 1996 Accepted: 27 November 1996 Close of notification: 28 March 1997 s. 72 conference: To be convened Location: Areas between Congo Point and Pretty Point Area: Not calculated Parties: Not finalised

NC96/36 – Gundungurra #4 Member: Joanna Kalowski Case Manager: Daliah Fittler Claimants: Mervyn Trindall on behalf of some Gundungurra People Representative: Craddock Murray & Neumann Lodged: 25 November 1996 Accepted: 13 February 1997 Close of notification: 11 August 1997 s. 72 conference: To be convened Location: Oberon, NSW Area: 7.4 ha Parties: 4

NC96/37 – Wiradjuri (Oberon) Member: Joanna Kalowski Case Manager: Daliah Fittler Claimants: Wendy Lewis on behalf of some Wiradjuri People Representative: Unrepresented Lodged: 26 November 1996 Accepted: 13 February 1997

60 National Native Title Tribunal Close of notification: 16 June 1997 s.72 conference: To be convened Location: South west of Oberon Area: 7.4 ha Parties: 3

NC96/42 – Monero/ Member: Diane Smith Case Manager: Andrew Solomon Claimants: E Mundy, R Mullett, R Stewart, M Dixon on behalf of some Monero/Ngarigo People Representative: NSW Aboriginal Land Council Lodged: 20 December 1996 Accepted: 18 February 1997 Close of notification: 23 June 1997 s.72 conference: To be convened Location: Small Crown land areas along the proposed route of the Eastern Gas pipeline in the Cooma region Area: Not calculated Parties: 9

NC97/2 – Ngunawal Member: Diane Smith Case Manager: Andrew Solomon Claimants: Arnold Williams on behalf of the Ngunawal People Representative: NSW Aboriginal Land Council Lodged: 6 January 1997 Accepted: 21 February 1997 Close of notification: 23 June 1997 s.72 conference: To be convened Location: Small Crown land areas along the proposed route of the Eastern Gas pipeline in the Canberra region Area: Not calculated Parties: 7

NC97/4 – Gundungurra #5 Member: Joanna Kalowski Case Manager: Daliah Fittler Claimants: Mervyn Trindall and some members of the Gundungurra People Representative: Craddock Murray & Neumann Lodged: 20 January 1997 Accepted: 18 February 1997 Close of notification: 23 June 1997 s. 72 conference: To be convened Location: Newnes State Forest, land and water approx 4 km north east of the City of Lithgow Area: 1255.62 ha Parties: 5

National Native Title Tribunal 61 AC95/1 – Bherri Werri Member: Sean Flood and Michael McDaniel Case Manager: Jane Mussett Claimants: Jean Carter, Nicholas Carter, William Carter, Veronica Brown on behalf of the members of the Aboriginal Community of Wreck Bay Representative: NSW Aboriginal Land Council Lodged: 30 October 1995 Accepted: 22 March 1996 Close of notification: 17 June 1996 s.72 conference: 30 April 1997 Location: Jervis Bay Territory, including all Aboriginal Land, the Botanical Gardens, Bherwerre Trig and waters of the coast of the Territory to the 3 nm limit Area: Approx 6,300 ha Parties: 6

VC95/1 – Bryant Member: Pam O’Neil, Doug Williamson and Tony Lee Case Manager: Andrew Solomon Claimants: R Bryant on behalf of some members of the Gunai People Representative: Mirimbiak Nations Aboriginal Corporation Lodged: 20 October 1995 Accepted: 26 February 1996 Close of notification: 27 May 1996 s.72 conference: To be convened Location: A small Crown reserve area at Lake Tyres in the region of Eastern Victoria Area: Not calculated Parties: 3

62 National Native Title Tribunal QUEENSLAND

QC94/3 – Wik Member: Hal Wootten Case Manager: Craig Jones Claimants: McNaught Ngallametta on behalf of the Representative: Ebsworth & Ebsworth Lodged: 24 March 1994 Accepted: 26 May 1994 Close of notification: 29 August 1994 s. 72 conference: 8 September 1995 Location: West from in the north, east to Coen and to Pormpuraaw in the south Area: 27,427 sq km Parties: 23

QC94/4 – (Barron Gorge National Park) Member: Graeme Neate Case Manager: Allan Padgett Claimants: Andrew Duffin on behalf of the local Aboriginal Peoples in the Barron Falls – Kuranda region Representative: North Queensland Land Council Lodged: 13 May 1994 Accepted: 26 May 1994 Close of notification: 29 August 1994 Location: Entire area of Barron Gorge National Park, adjacent Kuranda, Far North Queensland Area: 28 sq km Parties: 2

QC94/5 – Member: Mary Edmunds Case Manager: Lynda Strawbridge Claimants: Henry Aplin on behalf of the Waanyi People Representative: Ebsworth and Ebsworth Lodged: 27 June 1994 Accepted: 13 February 1996 Close of notification: 13 May 1996 s.72 conference: To be convened Location: Small water reserve, in the vicinity of Lawn Hill on the Lawn Hills – Lilydale Road in north west Queensland Area: 2.6 sq km Parties: 7

QC94/6 – Dingaal Member: Hal Wootten and Tony Lee Case Manager: Craig Jones

National Native Title Tribunal 63 Claimants: Gordon Charlie on behalf of the Dingaal Clan Representative: Terry Fisher and Co Lodged: 15 July 1994 Accepted: 11 November 1994 Close of notification: 30 January 1995 s.72 conference: 12 May 1995 Location: The Cape Flattery area of Cape York, and the Lizard Island area in and around the Coral Sea in Far North Queensland Area: 1,886 sq km Parties: 14

QC94/8 – Gurubana – Gunggandji Member: Paul Seaman Case Manager: Lynda Strawbridge Claimants: Baingur, Chukan and Wungubi on behalf of the Gurubana- Gunggandji Peoples Representative: Paul Richards & Associates Lodged: 16 September 1994 Accepted: 17 February 1995 Close of notification: 22 May 1995 S. 72 conference: 27 July 1995 Location: Part of Yarrabah Aboriginal land and adjacent waters, reefs and islands including Fitzroy Island and Little Fitzroy Islands Area: 978 sq km Parties: 30

QC94/9 – Yidindji People Member: Justice French and Rick Farley Case Manager: Simon Nish Claimants: Len Royee on behalf of all other Malanbarra/Yidindji People Representative: North Queensland Land Council Lodged: 21 October 1994 Accepted: 13 October 1995 Close of notification: 8 January 1996 Location: Wet Tropics World Heritage area – Gadgarra State Forest and Vacant Crown Land, south-west of Cairns Area: 112.2 sq km Parties: 10

QC94/11 – #1 Member: Fred Chaney and Graeme Neate Case Manager: Peter Hutchison Claimants: Jeanette Singleton on behalf of the Yirrangydji People Representative: Waltham & Associates Lodged: 11 November 1994 Accepted: 19 September 1995 Close of notification: 18 December 1995 s.72 conference: 19 June 1996

64 National Native Title Tribunal Location: Parcels of land in and around Cairns and north to and areas offshore from Port Douglas in the north to False Cape in the south Area: 2,515 sq km Parties: 69

QC94/13 – Yalanji Member: Fred Chaney and Sean Flood Case Manager: Simon Nish Claimants: Eileen Walker on behalf of the Yalanji Peoples Representative: Cape York Land Council Lodged: 7 December 1994 Accepted: 4 May 1995 Close of notification: 31 July 1995 s.72 conference: 29 March 1996 Location: Numerous parcels of land on the eastern side of Cape York Peninsula from Cooktown in the north to Port Douglas in the south Area: 1,270 sq km Parties: 8

QC95/1 – Umpila People Member: Rick Farley and Justice French Case Manager: Simon Nish Claimants: Bernard Singleton on behalf of the Umpila People Representative: Phillips Fox Lodged: 14 December 1994 Accepted: 9 July 1995 Close of notification: 23 October 1995 s.72 conference: To be convened Location: The Cape Sidmouth area of Cape York Peninsula and the nearby islands and reefs in and around the Coral Sea Area: 5,090 sq km Parties: 8

QC95/2 – Quandamooka Member: Fred Chaney and Kim Wilson Case Manager: Peter Hutchison Claimants: Ivan B Nott, Rodney Raymond King and Shirley Moreton and others on behalf of the Koenpul (Gorenpul) Peoples, Ngugi (Ngoogi) Peoples, (Noonuccal) Peoples, sub-groups of People which form the Representative: Quandamooka Land Council Aboriginal Corporation Lodged: 3 January 1995 Accepted: 29 September 1995 Close of notification: 18 December 1995 s.72 conference: To be convened

National Native Title Tribunal 65 Location: Land, fresh and sea water, shores and tidal waters, littoral zones, beaches and fore s h o res within an area re f e r red to as “Quandamooka Land” on Area: Not calculated Parties: 54

QC95/3 – George Davis Member: Justice French and Rick Farley Case Manager: Simon Nish Claimants: George Gilbert Davis on behalf of the Descendants of Jimmy Longdon, who are incorporated as The Dulabed Aboriginal Corporation Representative: Suzette Coates Lodged: 23 February 1995 Accepted: 1 August 1995 Close of notification: 6 November 1995 s.72 conference: 6 February 1996 Location: The Toohey’s Creek/Butcher’s Creek area of the Goldsborough Valley in the Gadgarra State Forest south of Cairns Area: 56.7 sq km Parties: 5

QC95/4 – Yirrganydji #2 (TR315) Member: Fred Chaney and Graeme Neate Case Manager: Peter Hutchison Claimants: Jeanette Singleton on behalf of the Yirrganydji People Representative: Waltham and Associates Lodged: 10 March 1995 Accepted: 21 September 1995 Close of notification: 18 December 1995 s.72 conference: 18 June 1996 Location: From Buchan’s Point in the south to a point located between Pebble Beach and Yule Point in the north, and west to the crest of the MacAlister Range more particularly described as Timber Reserve 315 between Cairns and Port Douglas Area: 54.9 sq km Parties: 13

QC95/5 – Yirrganydji #3 (Ellie Point) Member: Fred Chaney and Graeme Neate Case Manager: Peter Hutchison Claimants: Jeanette Singleton on behalf of the Yirrganydji People Representative: Waltham and Associates Lodged: 10 April 1995 Accepted: 2 January 1996 Close of notification: 22 April 1996 s.72 conference: 17 June 1996 Location: Mangrove wetlands east of Cairns Airport known as Ellie Point

66 National Native Title Tribunal Area: 3.3 sq km Parties: 11

QC95/7 – Bond People #1 Member: Kim Wilson and Michael McDaniel Case Manager: Vicki Cox Claimants: A Bond and E Bond on behalf of their families & other related families of the Gubbi Gubbi language group who would identify as being descendants of the people of Yarun (Bribie Island) Representative: E. Bond Lodged: 10 April 1995 Accepted: 8 March 1996 Close of notification: 11 June 1996 s.72 conference: To be convened Location: Lot 211 (excluding Golf Course SL 6/34290) and Lot 500 on Bribie Island Area: 6.1 sq km Parties: 12

QC95/8 – Gunggandji Member: Rick Farley Case Manager: Lynda Strawbridge Claimants: Les Murgha and Vincent Schrieber on behalf of the Gurubana- Gunggandji Peoples Representative: Phillips Fox Lodged: 10 April 1995 Accepted: 21 September 1995 Close of notification: 18 December 1995 s.72 conference: 24 May 1996 Location: Ya r rabah Aboriginal land and adjacent timber re s e r ve s, unallocated State lands, offshore waters, reefs and islands, Green Island and the Frankland Islands Area: 5,234 sq km Parties: 96

QC95/9 – Mandingalbay Member: Rick Farley Case Manager: Lynda Strawbridge Claimants: Vincent Mundraby on behalf of the Mandingalbay clan of the Yidinji Tribe Representative: Peter Poynton Lodged: 4 April 1995 Accepted: 21 September 1995 Close of notification: 18 December 1995 s72 conference: 24 May 1996 Location: Ya r rabah Aboriginal land and adjacent timber re s e r ve s, unallocated State lands, inland creeks and waterways, offshore waters, reefs and islands

National Native Title Tribunal 67 Area: 1,910 sq km Parties: 147

QC95/11 – Djungan People #1 Member: Justice French, Diane Smith and Fred Chaney Case Manager: Peter Hutchison Claimants: Members of Djungan Tribal Aboriginal Corporation, including George Alexander, Samuel Wason, Rodney Riley, Charles James Archer Representative: Peter Poynton Lodged: 17 May 1995 Accepted: 28 September 1995 Close of notification: 27 December 1995 s.72 conference: To be convened Location: Near Dimbulah Area: 27.7 sq km Parties: 7

QC95/12 – KuKu Ya’u People Member: Rick Farley Case Manager: Vicki Cox Claimants: Sweeney Hobson, Martin Pascoe, Lucy Hobson, Albert Doctor on behalf of the KuKu Ya’u People Representative: Tharpuntoo Legal Service Lodged: 4 July 1995 Accepted: 29 December 1995 Close of notification: 9 April 1996 s.72 conference: 26 February 1997 Location: Seas, reefs and islands in an area offshore of Lockhart River Area: 3,845 sq km Parties: 10

QC95/13 Saibai Island Community Member: Justice French and Rick Farley Case Manager: Simon Nish Claimants: Terry Tabuai Waia, Dana Yestin Ober, Walter Wagea Waia on behalf of the Saibai Island Community Representative: Dale Treanor Lodged: 14 September 1995 Accepted: 12 April 1996 Close of notification: 15 July 1996 s.72 conference: 9 August 1996 Location: Saibai Island, surrounding islands and waters to 500 m offshore including natural resources, natural resources to a distance of 1 km around Turnagain Island, Warrior Reef and natura l resources to a distance of 1 km around Warrior Reef, and Beka Reef and natural resources to a distance of 1 km around Beka Reef

68 National Native Title Tribunal Area: 638.3 sq km Parties: 5

QC95/14 – Kaanju/Umpila (#1) Member: Rick Farley and Justice French Case Manager: Simon Nish Claimants: Isaac Hobson and Jennifer Creek on behalf of Kaanju/Umpila Peoples Representative: Cape York Land Council Lodged: 30 October 1995 Accepted: 29 November 1995 Close of notification: 28 February 1996 s.72 conference: 15 May 1996 Location: 5 parcels of land on the eastern side of Cape York Peninsula north east of Coen Area: 906.8 sq km Parties: 9

QC96/1 – Gunggari People Member: Graeme Neate, Michael McDaniel and Kim Wilson Case Manager: Vicki Cox Claimants: Robert John Munn on behalf of the Gunggari People Representative: Mr Munn and Mr McCarthy of the Gunggari People Lodged: 8 March 1996 Accepted: 12 April 1996 Close of notification: 11 November 1996 s.72 conference: To be convened Location: Land and waters near Roma, west to Charleville, north including the southern parts of Carnarvon National Park and south close to New South Wales border Area: 67,352 sq km Parties: Approx 750

QC96/2 – Wellesley Island Sea Claim (Lardil) Member: Rick Farley Case Manager: Vicki Cox Claimants: Alfie Johnny on behalf of the Lardil, , and Ganggalida Peoples Representative: Carpentaria Land Council Lodged: 18 March 1996 Accepted: 25 June 1996 Close of notification: 8 December 1996 s.72 conference: 12 March 1997 Location: Islands and waters in the Area: 16,608 sq km Parties: 53

National Native Title Tribunal 69 QC96/3 – Willetts Member: Mary Edmunds and Rick Farley Case Manager: Lynda Strawbridge Claimants: Beryl Willetts and Shirley Chong on behalf of the Waanyi People Representative: Unrepresented Lodged: 27 March 1996 Accepted: 21 May 1996 Close of notification: 4 November 1996 s.72 conference: To be convened Location: Lawn Hill Station and surrounding area Area: 19,353 sq km Parties: 19

QC96/4 – Waanyi #2 Member: Mary Edmunds and Rick Farley Case Manager: Lynda Strawbridge Claimants: Henry Aplin on behalf of the Waanyi People Representative: Carpentaria Land Council Lodged: 27 March 1996 Accepted: 21 May 1996 Close of notification: 4 November 1996 s.72 conference: To be convened Location: The area covered by QN95/2 (Century Zinc Ltd minesite leases) Area: 229 sq km Parties: 7

QC96/6 – Ngurrapai People Member: Rick Farley Case Manager: Vicki Cox Claimants: Billy Wasaga on behalf of the People Representative: Cape York Land Council Lodged: 20 May 1996 Accepted: 28 June 1996 Close of notification: 8 December 1996 s.72 conference: 3 September 1997 Location: A large portion of Horn Island Area: 43.4 sq km Parties: 11

QC96/7 – Muralag No. 1 (Prince of Wales Island) Member: Rick Farley Case Manager: Vicki Cox Claimants: Billy Wasaga on behalf of the Kaurareg People Representative: Cape York Land Council Lodged: 20 May 1996 Accepted: 28 June 1996 Close of notification: 8 December 1996 s.72 conference: 3 September 1997

70 National Native Title Tribunal Location: A large portion of Prince of Wales Island Area: 167.1 sq km Parties: 17

QC96/8 – Entrance Island (Zuna) Member: Rick Farley Case Manager: Vicki Cox Claimants: Billy Wasaga on behalf of the Kaurareg People Representative: Cape York Land Council Lodged: 20 May 1996 Accepted: 28 June 1996 Close of notification: 8 December 1996 s.72 conference: 3 September 1997 Location: Entrance Island Area: 5.5 sq km Parties: 10

QC96/9 – Prince of Wales Island West Coast (Muralag No. 2) Member: Rick Farley Case Manager: Vicki Cox Claimants: Billy Wasaga on behalf of Kaurareg People Representative: Cape York Land Council Lodged: 20 May 1996 Accepted: 28 June 1996 Close of notification: 8 December 1996 s.72 conference: 3 September 1997 Location: Lot 72 – West Coast of Prince of Wales Island, and lot 10 – north west coast of Prince of Wales Island Area: 23.5 sq km Parties: 13

QC96/10 – Dumaralag, Turtle, Packe & Pt Lihou Islands Member: Rick Farley Case Manager: Vicki Cox Claimants: Billy Wasaga on behalf of the Kaurareg People Representative: Cape York Land Council Lodged: 20 May 1996 Accepted: 28 June 1996 Close of notification: 8 December 1996 s.72 conference: 3 September 1997 Location: Dumaralag Island located off the south coast of Prince of Wales Island, Turtle Island located off the south east coast of Prince of Wales Island, part of Packe Island, part of Port Lihou Island Area: 3.2 sq km Parties: 12

National Native Title Tribunal 71 QC96/12 – Kalkadoon People Member: Graeme Neate and Kim Wilson Case Manager: Craig Jones Claimants: James Watts Taylor on behalf of Kalkadoon People Representative: Reidy and Tonkin Lodged: 30 May 1996 Accepted: 28 August 1996 Close of notification: 26 May 1997 s.72 conference: 22 July 1997 Location: Unallocated state land, reserves and creeks in and around the abandoned townships of Hightville and Ballara, unallocated state land and reserves in and surrounding Mt Isa and abandoned mines Area: 14,202 sq km Parties: 90

QC96/13 – Wanggumara People#1 Member: Graeme Neate and Kim Wilson Case Manager: Lynda Strawbridge Claimants: Dempsey Knight on behalf of the Wanggumara Aboriginal People Representative: Craddock Murray & Neumann Lodged: 4 June 1996 Accepted: 22 July 1996 Close of notification: 25 April 1997 s.72 conference: To be convened Location: Land and waters in south west Queensland involving part of Karmona, Durham Downs and Castleton Pastoral Holdings Area: 5,768 sq km Parties: 14

QC96/14 – Ugarapul People Member: Kim Wilson Case Manager: Peter Hutchison Claimants: Raymond Anderson, Gladys Graham, Mona Pa rs o n s, Elsie Geebung on behalf of all those Aboriginal People who identify as and are recognized as Ugarapul people and their descendants Representative: FAIRA Aboriginal Corporation Lodged: 4 June 1996 Accepted: 5 July 1996 Close of notification: 27 October 1996 s.72 conference: 3 June 1997 Location: Kholo Gardens, Ipswich Area: 0.4 sq km Parties: 5

QC96/16 – People Member: Graeme Neate Case Manager: Vicki Cox

72 National Native Title Tribunal Claimants: Wayne Morris Wharton on behalf of the Kooma People Representative: Unrepresented Lodged: 4 June 1996 Accepted: 2 October 1996 Close of notification: 28 May 1997 s.72 conference: To be convened Location: Nine reserves near the towns of Coongoola, Galena and Balbuna, South West Queensland Area: 63.8 sq km Parties: 26

QC96/20 – Mualgal People Member: Justice French and Rick Farley Case Manager: Simon Nish Claimants: Morris Eliona Nawia aka Morris Nawia on behalf of the Mualgal People Representative: Phillips Fox Lodged: 17 June 1996 Accepted: 28 June 1996 Close of notification: 8 December 1996 s.72 conference: To be convened Location: including seas, reefs and island surrounding Area: 1,739.3 sq km Parties: 13

QC96/60 – Umpila People #2 Member: Rick Farley and Justice French Case Manager: Simon Nish Claimants: Abraham Omeenyo (aka Blade) on behalf of the Umpila People Representative: Cape York Aboriginal Land Council Lodged: 21 June 1996 Accepted: 17 August 1996 Close of notification: 9 December 1996 s.72 conference: 28 April 1997 Location: Area includes land that is Aboriginal freehold, with the estate being held by the Lockhart River Aboriginal Council on behalf of Aboriginal inhabitants. The claimed area includes part of the area covered by the Deed of Grant in Trust Area: 62.3 sq km Parties: 3

QC96/70 – Glasshouse Mountains – Gubbi Gubbi Member: Graeme Neate Case Manager: Vicki Cox Claimants: Nurdon Serico, Eve Mumewa Fesl on behalf of the Gubbi Gubbi Peoples and their descendants Representative: FAIRA Lodged: 26 June 1996 Accepted: 13 August 1996

National Native Title Tribunal 73 Close of notification: 26 May 1997 s.72 conference: To be convened Location: Glasshouse Mountains National Park Area: 8.8 sq km Parties: 13

QC96/89 – Waanyi #3 Member: Mary Edmunds and Rick Farley Case Manager: Lynda Strawbridge Claimants: Henry Aplin, Peter Bell and Don George on behalf of the Waanyi People Representative: Carpentaria Land Council Lodged: 22 July 1996 Accepted: 25 September 1996 Close of notification: 7 March 1997 s.72 conference: To be convened Location: A rea described as "Proposed Miscellaneous Tra n s p o r t Infrastructure Corridor Route up to 100 metres wide" for the Century Zinc Project Area: 7.9 sq km Parties: 10

QC96/94 – O’Keefe Member: Mary Edmunds and Rick Farley Case Manager: Lynda Strawbridge Claimants: Peter O’Keefe on behalf of the Waanyi People Representative: Traditional Waanyi Elders Aboriginal Corporation Lodged: 31 July 1996 Accepted: 25 September 1996 Close of notification: 7 March 1997 s.72 conference: To be convened Location: Lawn Hill Station and surrounding area Area: 24,698 sq km Parties: 32

QC96/96 – Gkuthaarn and People Member: Mary Edmunds and Rick Farley Case Manager: Lynda Strawbridge Claimants: Jerry Kenneth Callope and Richard Roderick Bee on behalf of the Gkuthaarn and Kakatj People Representative: Ebsworth & Ebsworth Solicitors Lodged: 5 August 1996 Accepted: 24 September 1996 Close of notification: 7 March 1997 s.72 conference: To be convened Location: Land described as “Proposed Miscellaneous Tra n s p o r t Infrastructure Corridor Route up to 100 meters wide” for Century Zinc Project Area: 14.8 sq km Parties: 10

74 National Native Title Tribunal QC96/97 – Leichardt River Member: Mary Edmunds and Rick Farley Case Manager: Lynda Strawbridge Claimants: Stella Diamond & Jane Karkadoo on behalf of all other persons descended from Ned Lorraine, Hislop Jacob, Harry (the father of Bonny Pedro) and Trooper Campbell and any other Aboriginal People of the claim area and some of those people identifying as Mingginda People Representative: Carpentaria Land Council Lodged: 5 August 1996 Accepted: 24 September 1996 Close of notification: 7 March 1997 s.72 conference: To be convened Location: Part of the area described as "Proposed Miscellaneous Transport Infrastructure Corridor Route up to 100 metres wide" for the Century Zinc Project Area: 6.1 sq km Parties: 7

QC96/99 – Olga Miller #2 Member: Sue Ellis Case Manager: Simon Nish Claimants: Mrs Miller on behalf of herself and all her descendants, and those descendants of Horace Wondunna (Snr) Representative: Gurang Land Council Lodged: 3 September 1996 Accepted: 24 September 1996 Close of notification: 12 January 1997 s.72 conference: 17 January 1997 Location: Area on West Coast of Fraser Island between Bennett’s Creek and Dundongera Creek Area: 0.2 sq km Parties: 20

QC96/100 – Indjilandji Member: Graeme Neate and Kim Wilson Case Manager: Craig Jones Claimants: Ruby Saltmere on behalf of her family and the Indjilandji People Representative: North West Queensland Land Council Lodged: 4 September 1996 Accepted: 29 October 1996 Close of notification: 12 May 1997 s.72 conference: To be convened Location: The Georgina River and land situated at Camooweal Area: 249.5 sq km Parties: 3

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