Footnotes
Chapter 1 - Introduction
[1]
This review was undertaken by Mr Graham Hiley QC and Dr Ken Levy; their
report was released on 31 March 2006: Graham Hiley QC and Dr Ken Levy, Native
Title Claims Resolution Review, Commonwealth of Australia, March 2006 (the
Claims Resolution Review).
[2]
Attorney-General's Department, Native Title Reform, 5 December 2006, http://www.ag.gov.au/nativetitlesystemreform,
(accessed 3 April 2007).
[3]
See Senate Hansard, 26 March 2007, pp 1-13; 47-50.
[4]
This report can be found at the Department of the Senate website https://www.aph.gov.au/Senate/committee/legcon_ctte/mig_review_provisions/index.htm
[5]
The Hon Mr Philip Ruddock MP, Attorney-General, House of
Representatives Hansard, 29 March 2007, p. 1.
[6]
Explanatory Memorandum (EM), p. 3.
Chapter 2 - Overview of the Bill
[1]
Explanatory Memorandum (EM), p. 6. The following discussion of
Schedule 1 of the Bill draws heavily on pp 6-7 of the EM.
[2]
See also Attorney-General's Department and FaCSIA, Submission 6,
p. 6 and attachments A‑D. Further details of the consultation process,
including copies of the discussion papers, are available on the Attorney‑General's
Department's website at: http://www.ag.gov.au/www/agd/agd.nsf/Page/Indigenouslawandnativetitle_Nativetitle_TechnicalamendmentstotheNativeTitleAct
(accessed 4 April 2007).
[3]
See also recommendation 13 of the Claims Resolution Review.
[4]
See also recommendation 12 of the Claims Resolution Review.
[5]
EM, p. 7. See, for example, items 1, 2, 41, 77, 115 and 116.
[6]
See also discussion of this issue at: Senate Legal and Constitutional
Affairs Committee, Report on the Native Title Amendment Bill 2006
[Provisions], February 2007, pp 32-33.
[7]
EM, p. 67.
[8] This item
will repeal existing section 203FB and replace it with proposed sections 203FB,
203FBA and 203FBB.
[9]
Proposed paragraph 203FB(2)(b); see also EM, p. 70. Note that item 9 of
Schedule 2 would also allow the Secretary to delegate the powers in proposed
sections 203FBA and 203FBB.
[10]
EM, p. 70; see also Attorney-General's Department and FaCSIA, Submission
6, pp 7-8.
[11]
Structures and Processes of Prescribed Bodies Corporate,
Commonwealth of Australia 2006, http://www.ag.gov.au/www/agd/rwpattach.nsf/VAP/(1E76C1D5D1A37992F0B0C1C4DB87942E)~Structures+and+processes+of+PBC.pdf/$file/Structures+and+processes+of+PBC.pdf
(accessed 4 April 2007).
[12]
Material for this section of the report was sourced from the National
Native Title Tribunal, "What is a Prescribed Body Corporate?" Fact
Sheet No.2d, Available at: http://www.nntt.gov.au/publications/1021859460_4854.html
(accessed 4 April 2007).
[13]
Structures and Processes of Prescribed Bodies Corporate,
Commonwealth of Australia 2006, http://www.ag.gov.au/www/agd/rwpattach.nsf/VAP/(1E76C1D5D1A37992F0B0C1C4DB87942E)~Structures+and+processes+of+PBC.pdf/$file/Structures+and+processes+of+PBC.pdf
(accessed 4 April 2007).
[14]
PBC Report, p. 6.
[15]
EM, p. 74.
[16]
EM, p. 78; Attorney-General's Department and FaCSIA, Submission 6,
pp 8-9.
[17]
EM, pp 75-76; Attorney-General's Department and FaCSIA, Submission 6,
pp 9-10.
[18]
EM, p. 81; see also Attorney-General's Department and FaCSIA, Submission
6, p. 10.
Chapter 3 - Key issues
[1]
Submission 4, p. 1.
[2]
Submission 4, p. 1.
[3]
Committee Hansard, 2
May 2007, p. 14.
[4]
Committee Hansard, 2
May 2007, p. 2.
[5]
This issue was raised in the committee's inquiry into the provisions of
the Native Title Amendment Bill 2006. See also Mr Martin Dore, North Queensland
Land Council, Committee Hansard, 2
May 2007, p. 2.
[6]
Submission 5, p. 3.
[7]
Submission 7, pp 4-5.
[8]
Submission 7, p. 4. Note that the Carpentaria Land Council
also raised objections to the dismissal of claims on the basis that they have
not passed the registration test.
[9]
Committee Hansard, 2
May 2007, pp 25-26.
[10]
Committee Hansard, 2
May 2007, p. 26.
[11]
Committee Hansard, 2
May 2007, pp 21-22.
[12]
Submission 5, p. 5.
[13]
Submission 5, p. 5.
[14]
Mr Martin Dore, Committee Hansard, 2 May 2007, p. 4.
[15]
PBC Report, p. 25.
[16]
Submission 5, p. 5.
[17]
Submission 8, p. 3.
[18]
Submission 8, p. 3.
[19]
Submission 3, p. 3.
[20]
Submission 3, p. 4; see also Mr Neil Webley, Ergon Energy, Committee
Hansard, 2 May 2007, pp 7-8.
[21]
Committee Hansard, 2
May 2007, p. 16.
[22]
Committee Hansard, 2
May 2007, p. 19.
[23]
Committee Hansard, 2
May 2007, p. 16; see also Mr Martin Dore, North Queensland Land Council, Committee Hansard, 2 May 2007, p. 4.
[24]
See discussion in Chapter 2 of this report.
[25]
Submission 10, pp 8-9.
[26]
Submission 10, p. 9.
[27]
Submission 10, p. 11.
[28]
Submission 10, pp 10-11.
[29]
Submission 5, pp 4-5.
[30]
Committee Hansard, 2
May 2007, p. 25.
[31]
See also National Indigenous Council, Submission 2, pp 1-2.
[32]
This includes indicating whether the decision-making process complied with
section 251A or 251B of the Native Title Act: see EM, p. 42. Note that the EM
refers to paragraphs 251(a) and 251(b). The committee presumes this should
refer to sections 251A and 251B.
[33]
Submission 5, pp 1-2.
[34]
Committee Hansard, 2
May 2007, p. 3.
[35]
Committee Hansard, 2
May 2007, p. 13.
[36]
Submission 5, p. 3.
[37]
Submission 7, pp 3-4.
[38]
See Senate Legal and Constitutional Affairs Committee, Report on the
Native Title Amendment Bill 2006 [Provisions], February 2007, pp 51-52, 56.
[39]
However, persons with an interest in relation to an area of the claim
outside the determination area and persons with an interest in the determination
area that is not an interest in relation to land or waters (such as
persons who only have rights of access held by all members of the public) will
not be required to agree to the determination being made: EM, p. 53.
[40]
Committee Hansard, 2
May 2007, p. 7.
[41]
Submission 3, p. 2; Committee Hansard, 2 May 2007, p. 7.
[42]
Submission 5, p. 3; see also Mr Martin Dore, North
Queensland Land Council, Committee Hansard, 2 May 2007, pp 3-4.
[43]
Submission 5, p. 3.
[44]
Submission 8, p. 2.
[45]
Submission 8, p. 2.
[46]
Committee Hansard, 2
May 2007, p. 19.
[47]
Committee Hansard, 2
May 2007, pp 19-20.
[48]
Submission 10, pp 5-6.
[49]
EM, p. 36.
[50]
Submission 10, p. 5.
[51]
Submission 10, p. 5.
[52]
Submission 10, p. 6.
[53]
Note that section 94C was inserted by the Native Title Amendment Act 2007
and is not being amended by this Bill.
[54]
Submission 4, p. 2.
[55]
Submission 4, p. 2; see also President, National Native
Title Tribunal, Committee Hansard, 2 May 2007, pp 11 and 12.
[56]
Committee Hansard, 2
May 2007, p. 18.
[57]
LGAQ, Submission 1, p. 1; NSW Government, Submission
9, p. 3; see also paragraphs 30 and 31 of the second discussion paper:
Attorney-General's Department and FaCSIA, Submission 6,
Attachment C.
[58]
Attorney-General's Department and FaCSIA, Submission 6,
Attachment C, paragraph 30.
[59]
Submission 6, Attachment C, paragraph 31.
[60]
LGAQ, Submission 1, p. 1; NSW Government, Submission 9,
p. 3.
[61]
Submission 1, p. 2.
[62]
Submission 1, p. 2 cf Mr Martin Dore, North Queensland Land
Council, Committee Hansard, 2 May 2007, p. 4.
[63]
Committee Hansard, 2
May 2007, p. 19.
[64]
EM, p. 6.
[65]
Submission 7, p. 2.
[66]
Submission 7, p. 3; see also Mr Martin Dore, North
Queensland Land Council, Committee Hansard, 2 May 2007, p. 4.
[67]
Submission 5, p. 2: see item 82, Schedule 1.
[68]
EM, p. 33.
[69]
Submission 10, p. 4.
[70]
Submission 10, p. 4.
[71]
Committee Hansard, 2
May 2007, p. 26.
[72]
Submission 5, p. 1: see proposed paragraph 24KA(2)(la) – Item
34 of Schedule 1.
[73]
Submission 5, p. 2: see proposed subsection 84(6A) – Item 87
of Schedule 1.
[74]
Submission 5, p. 4; see also NSW Government, Submission
9, pp 2-3.
[75]
Submission 7, p. 4.
[76]
See for example, HREOC, Submission 10, p. 7; and also
paragraph 4(b) of Item 138 of Schedule 1.
[77]
Committee Hansard, 2
May 2007, pp 18 and
20.
[78]
See Committee Hansard, 2
May 2007, pp 18 and 22.
[79]
See Senate Legal and Constitutional Affairs Committee, Report on the
Native Title Amendment Bill 2006 [Provisions], February 2007, pp 51-52, 56.
[80]
Submission 5, p.3.
[81]
See Senate Legal and Constitutional Affairs Committee, Report on the
Native Title Amendment Bill 2006 [Provisions], February 2007, pp 35-36, 51.
[82]
Items 62, 63, 127, 138 and 139 of Schedule 1.
Minority report by the Australian Labor Party
[1]
EM, p. 7; see also items 127, 138 and 139 of Schedule 1.
[2]
EM, p. 36.
[3]
Submission 10, p. 5.
[4]
Submission 10, p. 6.
[5]
HREOC, Submission 10, pp 7-11.
[6]
HREOC, Submission 10, p. 9.
[7]
Committee Hansard, 2
May 2007, p. 25.
[8]
Submission 5, p. 4.
[9]
Submission 5, pp 4-5.
[10]
Submission 5, p. 3.
[11]
Submission 5, p. 3.
Additional comments by the Australian Greens
[1]
Submission 10, p. 5.
[2]
Submission 10, p. 11.
[3]
Submission 10, p. 11.