AUSTRALIAN NATIVE LAW

This research paper discusses the evolution of Australian policy and practice concerning the rights of Aborigines and other indigenous peoples with respect to land, the functioning of, and the pros and cons of taking recourse to, National Native Title Tribunals (NNTTs) and the right of indigenous peoples to negotiate (RTN) regarding land use and its economic benefits. In the early 1990s the High Court by its decisions in certain landmark cases recognized after nearly two centuries of denial that native Australians had rights with respect to lands they had traditionally occupied. By enacting the Native Title Act 1993, ch. 110 (the '93 NTA), the Commonwealth Parliament established mechanisms for determining the validity and scope of native land title claims. However, grave uncertainty and political controversy surrounded implementation of the '93 NTA and the activities of the NNTTs which led to the passage of the Native Title Amendment Act 1998 (the '98 Amendments). The general effect of the '98 Amendments was to circumscribe greatly the land rights, and in particular the statutory RTN, of indigenous peoples while at the same time streamling the NNTT's procedures and affording greater scope for privately negotiated private land use agreements (Indigenous Land Use Agreements or ILUAs). ILUAs are increasingly the most efficacious method available for resolving disputes concerning the land rights of indigenous peopl

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nformation. The NNTT then notifies all interested parties. Thereafter, NNTT functions as a mediator and not as a court. If its mediation does not result in an agreement between or among the parties which arrives at a determination of native title, then the application is referred to the Federal Court. After an agreement is reached, then the NNTT has the responsibility of conducting an independent inquiry to ensure that the proposed determination of native title is appropriate and within its powers. After that inquiry is complete, such determination is filed in Federal Court where it is subject to review at the instance of any party or the Court on its own initiative. Operation of NNTTs under the '93 NTA and attendant controversies Politics and the '93 NTA. The '93 NTA represented more of a political statement than a serious piece of legislation. According to Selway, "what the ['93] NTA does not do is to define or clarify what native title is or how it is operate. These fundamental questions are left to the courts." The motivation for the Act was political because after Mabo No. 2, many Australians were genuinely perplexed and chagrined concerning the shabby manner in which the Aborigines had been treated in the past. The pres
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Approximate Word count = 4607
Approximate Pages = 18 (250 words per page)

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