Sentences with phrase «native title applications»

Whether Indigenous peoples are able to gain full recognition and protection of their native title rights and interests, depends significantly on the process by which native title applications are resolved.

The South Australian state - wide agreement process demonstrates the potential of agreement - making to determine native title applications where native title groups across the State are involved in the process.

The «Wand Review» established a set of draft negotiating principles for the settlement of native title applications in Western Australia.The Draft Guidelines state that the Government will pursue a «co-operative approach» to the resolution of native title claims.

Between the commencement of the Native Title Act on 1 January 1994 (up to 30 June 2007) a total of 1,750 native title applications were made.

In this chapter I make the point that agreement - making and the determination of native title applications are the two pivotal parts of the native title process.

In addition, the Commonwealth has property and other direct interests in some native title applications, and also has an interest in any compensation claims relating to native title.

At the rate that native title applications have been resolved to date, it will take many years to resolve outstanding applications and many older Indigenous Australians will not see their claims finalised.

Where the level of funding provided to the representative body is insufficient to meet the demands of registering claims over areas subject to non-claimant native title applications as well as meeting all its other functions, this results in the loss of procedural rights and extinguishment of native title.

The Minister represents the NSW Government in native title determination applications and has the primary day - to - day conduct of the NSW Government's response to native title applications and other native title matters.

As a result of these changes a number of group recipients were advised that pursuant to s. 183 NTA their funding will be terminated unless they are directly involved as a party or future party in proceedings relating to particular native title applications.

Justice North and Tim Goodwin have also suggested legislative amendment to establish a reverse onus of proof in native title applications.

make extensive use of the NNTT's mediation role and resources to make more effective progress on negotiations on all active native title applications in Western Australia;

For native title applications in Victoria to be settled through mediation, agreement must be reached between the native title claimants and all other non-claimant parties about the merits of any single claim.

As at 1 June 2003, the Commonwealth was a party to 191 native title applications (out of 620 in total).

The Department of Justice also has the primary responsibility for negotiating native title applications.

The Policy states that the Victorian Government's preference is to seek to achieve negotiated or mediated outcomes to native title applications because they have the potential for better long term opportunities for Aboriginal people and give more certainty for industry.

In a fact sheet prepared on the 2001 - 2002 Federal Budget, (133) the Attorney - General's Department stated that it had become apparent that workloads were much higher than the estimated workloads on which funding had been based in 1997 - 98, and were expected to increase as the number of active native title applications peaks in 2002 - 03 and declines thereafter.

I have concerns about the dismissal of native title applications by the Federal Court.

The process by which native title applications are resolved — referred to as the claims resolution process in this report — was changed during 2007.

In my view those same factors are at play in native title matters but are considerably magnified; after all native title applications are brought on behalf of «societies».

The result is that native title applications must be made by natural persons.

Under these proposed provisions, the Court is not only empowered to dismiss native title applications in the circumstances to which the proposed s. 94C [item36] applies, but it is obliged to do so unless there are unspecified but limited «compelling reasons not to do so» [s 94C (3)-RSB-.

It may be that this process of negotiation could usefully begin from the basis of the procedures used for the registration of native title applications, as administered by the National Native Title Tribunal.

Unlike the majority of civil proceedings, native title applications are subject to various additional procedural requirements such as registration and notification.

Section 61 of the Native Title Act provides for native title applications to be made by a person or persons claiming to hold native title either alone or with others.

It is proposed that where, in the «opinion» of the Registrar of Native title applications, 18 an application fails the «merit conditions» of the registration test19 [s. 190D (6), item 73), the Court may dismiss the application [s. 190D (7), item 73] if:

The common law approach to native title applications is to delineate two issues for determination.

The Review is concerned that representative bodies are not adequately resourced to carry out their functions in relation to the resolution of native title applications in anything like the time frames targeted by the Federal Court.

As at 1 June 2003, the Commonwealth was a party to 191 native title applications out of 620 in total.

1.1.19 To ensure a strategic approach, a Government [Western Australia] audit of all native title applications and a summit to determine the capacities and intentions of all elements of the native title system is recommended.

The background was that although a group of native title applications in the Central Desert region of Western Australia had been referred to the Tribunal for mediation by the Federal Court, the negotiations had generally taken place between the applicants and the State of Western Australia without the involvement of the Tribunal.

The insertion of customary institutions and jurisdictions into the market - place through agreement making, such as Aboriginal heritage management agreements, consultation protocols and intra-Indigenous agreements over boundaries of native title applications, is not mere syncretisation of tradition and modernity, but a transformation of relationships.

as part of the package of documents that formalise native title applications to areas of land and waters; or

It is therefore likely that the current funding of NTRBs will become a significant constraint on the resolution of native title applications in Western Australia within a reasonable timeframe.

[R] epresentative bodies have litigated native title applications in the Federal Court and the High Court in what could be described as a test case period which has required significant resources.

Such a situation can only constrain the process of dealing with native title applications, whether by agreement or otherwise...

As at 3 June 2004, the Commonwealth was a party to 179 of the 620 native title applications filed with the Federal Court.31

«A framework agreement could clearly establish agreed principles upon which the negotiation of native title applications could occur and deal with strategic and prioritisation issues», Wand, P, and Athanasiou, C, Review of the Native Title Claim Process in Western Australia, Report to the Government of Western Australia, Western Australia Government, Perth, 2001 (hereinafter referred to as the «Wand Review»), para 9.2.1.

Because claimant applications may take years in mediation or court proceedings before a final decision is reached, the NTA provides registered claimants with procedural rights in relation to future acts while native title applications are being resolved.

Information about native title applications, indigenous land use agreements and future acts.

If a person were excluded from a native title application he or she could seek to be joined as a party to the proceedings by means of an interlocutory application: s 84 (5) Native Title Act 1993 (Cth).

The Larrakia's case is the first conclusive application of Yorta Yorta principles applying «interruption» of the continuity of observance of traditional laws and customs to the dismissal of a native title application.

Unusually, the judge's final conclusions on the native title application were spread across two «interim» sets of published reasons as well as the final judgment and determination delivered in April 2006.

Where there is no native title application or determination, the onus is on industry, government, or the representative body to establish who the right people are to be involved.5

ILUAs are mostly about negotiating whether future acts can be done, and that needs to be distinguished from the litigation which is the hearing of a native title application in the Federal Court.

The role of the NNTT in relation to the resolution of native title application proceedings should be kept simply to mediation, with the presiding judge having control over whether mediation is to continue or whether the proceedings are unlikely to be resolved other than by judgment on the hearing of the evidence and legal argument.

It is difficult to imagine a mediation of a native title application in which the respondents could not argue that:

Present options and tools for resolving native title application proceedings, or aspects of them, include:

If the proper exercise of the Court's discretions to dismiss pursuant to Order 20 or Order 35A, or pursuant to its residual discretion, does not support the dismissal of a native title application, there should be no other basis on which the application is liable to be dismissed.

The proposed amendments are discriminatory in that they treat native title application proceedings differently to other proceedings, apply a different standard to the dismissal of native title application proceedings than is applied in all other cases and the effect of these amendments is prejudicial to the interests of applicants.