Native Title and the Aboriginal and Torres Strait Islander Land Fund Committee

SIXTH REPORT OF THE PARLIAMENTARY JOINT COMMITTEE ON NATIVE TITLE AND THE ABORIGINAL AND TORRES STRAIT ISLANDER LAND FUND The Native Title Amendment Bill 1996

TABLE OF CONTENTS

Members of the Committee

MAJORITY REPORT

Summary of Recommendations 

Chapter 1: Introduction

Background
The Committee's Approach
Proceedings
Appreciation
Recommendation

Chapter 2: Extinguishment

The Principle of Extinguishment
Conditions for Extinguishment
Pastoral Leases

Chapter 3: Lodgement and Registration of Applications

Role of the Federal Court
Role of the Tribunal
A Tougher Option
Implications
Recommendation 7
Transitional Provisions

Chapter 4: Mediation

Native Title
Non-Native Title
Indigenous Land Use Agreements (ILUA)
Role of the President
Recommendation 8
Role of Members
Recommendation 9

Chapter 5: Future Acts

The Right to Negotiate Regime
Section 21 Agreements
Future Act Procedure
Lease Conversions
Recommendation 10

Chapter 6: Representative Bodies

Current Difficulties
The Regulatory Framework
Resource Allocation
Further Claimant Support
Recommendation 11

 

FIRST MINORITY REPORT

Executive Summary/Minority Recommendations

Chapter 1: The Amendment Bill Inquiry Process

Chapter 2: The Racial Discrimination Act

Minority Recommendation 1

Chapter 3: The Brandy Amendments

Minority Recommendation 2 5

Chapter 4: Registration of Claims

Minority Recommendation 3
Minority Recommendation 4

Chapter 5: Mediation

Minority Recommendation 5
Members of the Tribunal and Conflicts of Interest
Recommendation 9 in the Majority Report
Minority Recommendation 6

Chapter 6: Future Acts

Parallel Processing of Mining and Exploration Tenements
Restriction of the Right to Negotiate
Minority Recommendation 7
Minority Recommendation 8
Minority Recommendation 9
Time Limits on Negotiation and Arbitration Under the Right to Negotiate
Minority Recommendation 10
Modifying the Expedited Procedure
Minority Recommendation 11
Relevance of Coexisting Rights
Minority Recommendation 12
Obligation to Negotiate in Good Faith
Minority Recommendation 13
Ministerial Intervention in the Right to Negotiate
Minority Recommendation 14
The Effect of Compulsory Acquisitions on Native Title
Pastoral Lease Conversions

Chapter 7: Representative Bodies

Clarifying the Functions, Responsibilities and Accountability of Representative Bodies
Minority Recommendation 15
Minority Recommendation 16
Funding of Native Title Claims by the Attorney-General

Chapter 8: Indigenous Land Use Agreements

 

APPENDIXES TO COMMITTEE REPORT

 Appendix 1: Consultation Program August/September/October 1996

Appendix 2: Justice Brennan: Sovereignty and Extinguishment in Mabo 2

Appendix 3: Justice French: Submission No. 63

(This comments on technical issues relating to the Native Title Amendment Bill 1996.)

Appendix 4: Amendment Bills/Native Title Act: Comparison Schedule

(This compares the Howard government's Native Title Amendment Bill 1996 with the Keating Government's Native Title Amendment Bill 1995.)

 

TABLING AND MEDIA STATEMENTS

Chair's tabling statement

Statement of Mr Daryl Melham MP