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[1994] AboriginalLawB 47
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Aboriginal Law Bulletin --- "Update Part Two August 1994: National Native Title Tribunal Update and New Appointments; New Resources (Mabo and the Native Title Act)" [1994] AboriginalLawB 47; (1994) 3(69) Aboriginal Law Bulletin 19
Update - Part Two
August
1994
National Native Title Tribunal: New
Appointments
On 27 July 1994 the Attorney-Gendral made several appointments to the
National Native Title Tribunal. Justice Jane Mathews and the
Honourable Hal
Wootten were appointed as part-time Deputy Presidents of the Tribunal and will
be based in NSW. Sean Flood, who will
also be based in NSW, was appointed as a
full-time member of the Tribunal. In Western Australia, the Honourable Frederick
Chaney
and Anthony Lee were appointed as part-time members of the Tribunal.
National Native Title Tribunal Update
- The Cabonne Council has withdrawn its non-claimant application for native
title determination over 2.8 hectares of Crown land sought
for residential
development in the NSW town of Molong. An agreement was reached between the NSW
Department of Conservation and Land
Management and the Shire Council regarding
the issue of title and compensation.
- The Tribunal has declined to accept the application of the Gunggalida people
in northern Queensland's Doomadgee region regarding land
south of the Gulf of
Carpentaria because insufficient information was lodged with the Registrar.
- The application of the Kalkadoon Tribe of north-west Queensland regarding
native title determination in the township of Ballara and
Lake Corolla (on
Timbem Cattle Station) near Mt Isa was withdrawn by the applicants who intend to
carry out further research before
again approaching the Tribunal.
- Eighteen people in the East Kimberley region of Western Australia have made
a native title claimant application to the NNTT on behalf
of the Miriuwung and
Gajerrong people. It is yet to be assessed to decide whether it will be
accepted. The claim area covers the
Carlton Hill, Ivanhoe, Rosewood and
Lissadell pastoral leases near Kununurra, and largely surrounds a previous
application by the
Miriuwung and Gajerrong people. The Tribunal accepted the
earlier application in June and has invited people it affects to register
their
interest with the NNTT before August 29 if they wish to take part in mediation
of that claim, due to begin next month. If the
latest application is accepted,
the NNTT will issue a determination of Native Title only if the application is
unopposed or if there
is agreement among parties through mediation. If agreement
is reached, the NNTT will hold an inquiry to establish if there is some
legal
basis for an agreement and that it is fair. If there is no agreement, the NNTT
will refer the matter to the Federal Court for
a decision.
- On 12 August the NNTT Registrar, Ms Patricia Lane, decided that Queensland's
Waanyi people could not make out a prima facie native
title claim. Ms Lane said
her decision was based on the existence of a pastoral lease granted under the
Pastoral Leases Act of 1869. Ms Lane said the rights claimed by the
applicants were not consistent with the right to exclusive possession held under
the
pastoral lease. The President of the NNTT agreed with the opinion of the
Registrar on this claim and is now required by the Act to
give the applicant a
reasonable opportunity to satisfy him that a prima facie claim can be made
out.
- On 18 August in Perth, the Nanda Aboriginal people of Murchison region of WA
lodged an application for a determination of Native Title
over a region of land
near the coastal resort and fishing town of Kalbarri. The main claim area
includes the Murchison House pastoral
lease, vacant Crown Land, parkland and
recreation reserves, and part of the Kalbarri National Park. The Barrell Well
Aboriginal Reserve
forms a second, smaller claim area just south-west of Ajana.
The application is being assessed by the Tribunal for
acceptance.
New Resources
(Mabo & the Native Title Act)
The Australian Government Publishing Service has published the Native
Title Act 1993 (Cth) with a forward by the Attorney-General Michael Lavarch
and commentary and index by the Attorney-General's Legal Practice. The
index
allows researchers to examine subjects across the Act and Regulations. The
National Native Title Tribunal Regulations and the
Second Reading Speech on the
Act are also included in this volume. The publication is designed to enable
better access to the new
legislation and relevant explanatory materials.
Native Title is available at a cost of $24.95 from Commonwealth Government
Bookshops Australia-wide, by phoning (008) 0200049 or by
writing to AGPS Mail
Sales, GPO Box 84, Canberra ACT, 2601. (Please quote ALPS Cat. No. 93
26487.)
ATSIC has produced a 10-minute video titled An Act of Justice - the Mabo
Judgment and the Native Title Act. The video traces the story from the High
Court application by Eddie Mabo and four other Meriam people from Murray (Mer)
Island in
1982 to the passing of the native title legislation at midnight on 21
December 1993. The tape also briefly summarises what the Act
means and does not
mean.
ATSIC has also produced a Native Title Information Kit consisting of
six booklets. One booklet gives a detailed summary of the Native Title
Act and three booklets outline the procedures involved in making a native
title claim.
The video contains clips of Eddie Mabo speaking about the issues involved in
his High Court case. ATSIC stresses that Eddie Mabo's
family held a ceremony
some time ago to clear the use of his name and such film clips.
The kit is available in bulk quantities and the video is available to any
organisations which will use it regularly - either for the
benefit of the local
Aboriginal and Torres Strait Islander peoples or for wider public awareness in
the local non-indigenous community.
ATSIC will send the video to local schools
and to any community organisations which will actually use it regularly.
The kit and video can be ordered by writing to Native Title Awareness
Campaign, Office of Public Affairs, ATSIC, PO Box 17, Woden
ACT, 2606 or
telephone Wendy Neil on (06) 289 3502.
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