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Cessfully Resolving Native Title Claims Through Litigation, Mediation Or

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Cessfully Resolving Native Title Claims Through Litigation, Mediation Or cessfully resolving native title claims through ‘seat at the table’ in relation to future devel- litigation, mediation or settlement. opments and negotiations. After emphasising these seemingly positive Briefly, the role of the Federal Government is developments in native title, the Report goes described as ‘significant’, noting the $86 mil- on to address the CERD criticisms regarding lion increase in funding for the native title sys- the 1998 amendments to the NTA and the tem to “enhance its efficient operation”. effective participation of Indigenous people Details of the Federal and State Government’s in decisions that affect their land rights. The role in opposing native title claims are not Report focuses on the Parliamentary Joint mentioned nor are any details as to where the Committee – asked in 1999 to report on Aus- $86 million went. In fact, the 2001 Native Ti- tralia’s obligations under CERD and the tle Report by the Aboriginal and Torres Strait amended NTA – and their findings that “the Islander Commissioner found that most of the amended Native Title Act is consistent with $86 million went to the Attorney General, the Australia’s obligations under the International NNTT, the Federal Court and away from the Convention on the Elimination of All Forms of Ra- NTRB’s – whose primary role it is to protect cial Discrimination”. The Federal Government, native title. both at the time of the initial concerns and in the present Report, argue that the amend- In summary, the Report defends the state of ments maintain “an appropriate balance be- native title in a fairly partial manner. The criti- tween the rights of native title holders and cisms and concerns of the CERD Committee the rights of others” (Report, p27). Further are either not explored in any detail or are jus- highlighting the tension between interna- tified on the basis that they provide ‘certainty’ tional and domestic law, the Report quotes (the fact that this comes at the cost of Indige- from the PJC Report finding that “national nous rights seems to be the whole point of institutions are best placed … to find a bal- CERD concerns but this is not addressed). ance between a range of competing interests” There are no formal structures in international (PJC Report, p9). law that can force Australia to comply with the recommendations of the CERD Committee. In response to the CERD Committee’s con- However, given the right political climate, the cern that Indigenous people are not effec- findings of the Committee have the potential tively participating in decisions that affect to influence government policy and legislation their rights, the Report quotes from the Par- in an informal way. Unfortunately, the Report liamentary Joint Committee on Native Title’s indicates the reluctance of the current Federal findings that political rights in international Government to be swayed by international instruments do not give rise to a right to par- concerns, even where those concerns are le- ticipate in political processes in a specific fash- gitimate, and its determination to continue ion, it is only a general right. The Report also with its policies regardless of international dis- points to ILUA provisions as the means approval. through which Indigenous people have a NATIVE TITLE IN THE NEWS New South Wales vice stated that the fire was in breach of regulations and had to be extinguished. West A Wiradjuri traditional owner and Police Wyalong, pg 3. 07 November 2003. Wiradjuri came into conflict when Police extinguished claim: NC02/3, N6002/02. a fire at a protest camp near Lake Cowal. According to Mr 'Chappie' Williams, it was a sacred fire and he was asserting his native Bega Valley Shire Council was recently title rights to practice his religion on the awarded 'Council of the Year' as a result of land. A representative of the Rural Fire Ser- their Memorandum of Understanding with Native Title Newsletter No.4/2003 8 the local Indigenous people. The award was only native title pearling agreement in the accepted by Mayor David Hede, councils territory, was signed with the company corporate and community services director Broome Pearls during a ceremony on Croker Leanne Barnes and council's Aboriginal Island. The agreement follows the 2001 community development officer, Kerry High Court decision which upheld the exis- Avery. Ms Avery said the council had been tence of native title rights over the sea and commended on the fact that the Memoran- seabed in the Croker Island claim area. It dum was a 'living document' which was to clears the way for the pearling company to be reviewed and changed regularly. The establish pearl farming operations free of council, the shire's three local Aboriginal native title concerns, and recognises tradi- land councils and native title holders signed tional owners’ rights to ensure the environ- the memorandum in June 2001. News Weekly ment and sacred sites are protected. Barrier (Merimbula), pg 2. 12 November 2003. Daily Truth (Broken Hill), pg 9. 19 November 2003. Croker Island claim: DC94/6, DG6001/96. In a historic vote, Newcastle City Council in NSW became the first local government au- thority in Australia to formally recognise the A central Australian Aboriginal group has dispossession of Aboriginal peoples. The recently signed an Indigenous land use council voted to adopt an official statement agreement (ILUA) with Gold explorers in acknowledging the continuing occupation of the region. This agreement is the 100th the Newcastle area by Awabakal and Worimi ILUA registered with the National Native peoples to be read at council meetings and Title Tribunal (NNTT). The agreement be- all major civic events. The council stated it's tween Newmont Gold Exploration, Nor- decision to acknowledge the continuing rela- mandy NFM and the Central Land Council tionship of Indigenous peoples to their land allows for exploration and mining in the despite dispossession reflects an ongoing Northern Territory, in the north-west of commitment to reconciliation. Koori Mail pg Barrow Creek. This agreement will enable 25. 19 November 2003. native title claimants to settle land use issues with developers and governments without court action. National Indigenous Times, pg 13. The Twofold Bay Indigenous group has re- 26 November 2003. Barrow Creek ILUA: cently lodged a native title claim at Eden DI2003/09. over New South Wales coastal waters. The National Native Title Tribunal has written to over 1,500 people and organisations, includ- Queensland ing commerical fishermen and women, char- ter boat licence holders and others with An Indigenous Land Use Agreement commerical interests, informing them of the (ILUA) has been signed by the Ewamian claim. Any person or group who has an in- people and the QLD State government over terest that will be affected, has until 02 the township reserves of Georgetown, March 04 to apply to the Federal Court. Bega Einasleigh, Forsayth and Mt Surprise. The District News, pg 11. 05 December 2003. agreement signed is the first of its kind in Twofold Bay claim: NC03/1, N6001/03. Australia for addressing native title over a number of towns with a shire. Etheridge Shire Council assisted in the process, which Northern Territory Mayor John Smith described as very posi- tive. Cr Smith said the ILUA provides own- Aboriginal traditional owners have signed a ership certainty for council infrastructure landmark agreement handing them a stake in and removes obstacles to land purchases a Northern Territory pearl farming opera- within town reserves. The Ewamian People tion. The four-year agreement, the first seas initiated discussions to support local devel- opment opportunities and to foster working Native Title Newsletter No.4/2003 9 relationships with Etheridge Shire Council The Queensland Government claims to while improving access to traditional lands. have cleared the backlog of mining explora- Part of the State Government's commit- tion permits in the state, although hundreds ments under the agreement is the creation of are still to be processed. Permits for mining reserves for Aboriginal and cultural purposes exploration were frozen after the High in Mt Surprise, Einasleigh and Forsayth. Court's Wik decision in 1996, which found North Queensland Register, pg 3. 06 November native title was not extinguished by leasehold 2003. Ewamian claim: QI2003/048 land. Mines Minister Stephen Robertson said the Government, Indigenous groups and the mining industry needed to co-operate to get The Gangulu people and Anglo Coal signed exploration moving. More than 200 applica- an agreement recently over the management tions were approved in the past six months of Aboriginal cultural heritage areas at Anglo and 106 in the six months prior to that, with Coals proposed mining sites. The agreement more than 300 exploration permits to still be followed months of negotiations between processed. Courier Mail, pg 31. 26 November the Gangulu people, the traditional owners 2003. of the lower Dawson and Callide Valleys and the mining company. The agreement will ensure the Gangulu people's cultural heritage The Kauareg people are the traditional own- will be managed in culturally appropriate ers of the southern Torres Strait Islands, and ways in areas including exploration, mine hold native title over seven. The region is development, mitigation and post- slowly moving towards self-government. construction. Central Telegraph (Biloela), pg 5. Some Kaurareg people are unhappy with 07 November 2003. what they say are moves to declare Torres Strait autonomy over their land. A newly formed group called the Cape York Bound- A dispute has emerged between the Queen- ary Interim Committee (CYBIC) also want a sland Parks and Wildlife Service (QPWS) boundary change to make the islands part of and Fraser Island Indigenous groups over Cape York. Kaurareg people spokesperson new access permits to Fraser Island. The Isaac Savage said Aboriginal traditional Dulungbara, Ngulungbara and the majority owners should not be represented by Is- of the Batchala people have authorised the lander people.
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