[38] The various authorisation requirements of the NTA (including s 62, 62A, 251A and 251B), receive some discussion and recommendation for clarification in the Attorney - General's Technical Amendments to the Native Title Act 1993: Second Discussion Paper (22 November 2006), paras 41 - 47 and in the Native
Title Claims Resolution Review (Hiley & Levy, 31 March 2006), 34 - 35.
The concerns I raised in the Native Title Report 2007 remain, and I am not optimistic that without further change, any significant improvement in native
title claims resolution will be forthcoming.
It includes recognition, access to land, access to natural resources, strengthening culture and improved native
title claims resolution.
The Chief Executive of the Attorney - General's Department chairs a Chief Executives Task Force on Native
Title Claim Resolution comprising the Chief Executive's of all major departments that have an interest in the settlement of native title claims and the benefits packages of those settlements.
I am concerned that these major institutional changes to the native
title claim resolution process is being proposed in a Bill without significant argument having been advanced as to the need for these particular changes, or any analysis of the likely costs and benefits of these proposals.
Not exact matches
Despite the downright nastiness that has been lobbed in Amazon's direction for what it
claims to be its fight for its customers and low prices, Amazon has openly encouraged readers to purchase Hachette
titles from other sources until a
resolution can be reached.
Mercifully, Polyphony scrapped the old low -
resolution standard models from past Gran Turismo
titles and rebuilt every car from scratch, resulting in remarkably realistic car models built with 4K assets that the developer
claims can be used for the next 10 years.
«As seen in the comparison trailer below, it seems as if 2K Games»
claim of the
titles in BioShock: The Collection running at 1080p
resolution and «up to 60 FPS» is accurate, for the visuals look to be a lot more detailed, while the frame rate runs in a much smoother capacity.
Her practice is concentrated in the areas of real estate and construction, with extensive experience in examination of
title issues and
resolution of
claims relating to competing property interests, survey and legal description challenges, extinguishing liens and encumbrances, and resolving construction contract and defect disputes.
The
title company will do the research because they are on the hook for the
title insurance against future
claims and the closing company will be motivated to get a
resolution because they will earn their closing fees when the transaction closes.
Our lawyers defend
claims under the public accommodation provisions of
Title III of the Americans with Disabilities Act (ADA), and provide assistance with onsite inspections, dispute
resolution, and navigating ADA Accessibility Guidelines when workplace modifications are required.
At this time, the announcement gives rise to more questions than answers — it is unclear how this proposed policy / legislative approach may impact existing negotiation or court processes, or how this approach will lead to effective and just
resolution of
claims relating to Aboriginal rights and
title, Treaty rights and the
claims to the inherent right to self - government.
B.C. will explore answers to those questions with its Civil
Resolution Tribunal as well, once it's up and running — though not for family cases, rather small
claims and some condominium / strata
titles disputes.
While I understand that third party respondent funding is being considered in other processes of the Attorney - General's Native
Title Reform package, its impact on the
resolution of
claims should also be incorporated in strategies designed to improve the process.
As many people are aware, the
resolution of native
title claims can take years.
The funding and resource allocation within the native
title system are key determinants in the
resolution of
claims.
Without the support of one or more of the participants in the native
title process, comprehensive agreements as a mechanism for
claims resolution are unlikely to succeed.
The
Claims Resolution Review is part of a package of reforms to the native
title system, announced by the Attorney - General in September 2005.
Also respondent parties that have a genuine interest in a
claim may participate following the
resolution of substantive issues between the State and the native
title claimants.
[82] This includes setting designated timeframes for the
resolution of native
title claims with an indicative timeframe of ten years to resolve all 120 existing
claims in the Queensland system and five years for new
claims.
The Court processes of native
title provide an impartial and transparent mechanism for the
resolution of
claims.
The Committees» recommendations... will be carefully considered... However, the Government has a clear strategy for improving the native
title system and is committed to ensuring that the native
title system is flexible and produces broad benefits to Indigenous people... the Government is progressing reforms to improve the rates of
claim resolution and to encourage broader settlements that deliver social justice outcomes beyond answering the question of whether native
title exists.
These ILUAs often relate to specific projects and do not necessarily address the
resolution of the native
title claim between the parties involved.
As mediation progresses, however, these «non-native
title» issues can become part of the «package» that is negotiated as part of the
resolution of the native
title claim.
Several local government ILUAs are providing innovative models for how parties can contribute to the
resolution of native
title claims by agreement.
[86] I share the view of my predecessor, Tom Calma, who observed in the 2007 Native
Title Report, that the «the design of the [native title] system, the way it operates, and the processes established under it» delays the resolution of native title cl
Title Report, that the «the design of the [native
title] system, the way it operates, and the processes established under it» delays the resolution of native title cl
title] system, the way it operates, and the processes established under it» delays the
resolution of native
title cl
title claims.
While I commend the faster
resolution of native
title claims, I am concerned about the burden that is being placed on our communities and NTRBs / NTSPs, and the conflict that can result from this level of pressure.
While the
resolution of the native
title claim may be one element of the negotiation process, the assessment model allows it to dominate the negotiation process.
The Aboriginal Congress of South Australia (representing all but one of the State's native
title claim groups) is an existing Aboriginal representative body through which the South Australian Government's consultation and engagement with Aborigines on this issue can take place under the auspices of the Main Table of the SA Native Title Resolution pro
title claim groups) is an existing Aboriginal representative body through which the South Australian Government's consultation and engagement with Aborigines on this issue can take place under the auspices of the Main Table of the SA Native
Title Resolution pro
Title Resolution program.
The Federal Court should continue to facilitate meetings between representatives from the Aboriginal representative bodies, Federal government, State and Territory governments, Federal Court and National Native
Title Tribunal to discuss the expected time frame for resolution of native title claims and ways to manage the cases so as to meet the agreed timet
Title Tribunal to discuss the expected time frame for
resolution of native
title claims and ways to manage the cases so as to meet the agreed timet
title claims and ways to manage the cases so as to meet the agreed timetable.
And the second aspect is how can lateral violence delay the
resolution of native
title claims?
Because of the dominance of a litigation model in native
title negotiations, the relationship between the State and the native
title claim group begins with the filing of a native
title claim and tends to end with the
resolution of that
claim either through litigation or by agreement of the parties.
As I report in Chapter 1, some native
title representative bodies have welcomed the effective management and resolution of claims by the Federal Court since the Native Title (Amendment) Act in 2009, and others have remarked that the process to resolve claims has remained largely uncha
title representative bodies have welcomed the effective management and
resolution of
claims by the Federal Court since the Native
Title (Amendment) Act in 2009, and others have remarked that the process to resolve claims has remained largely uncha
Title (Amendment) Act in 2009, and others have remarked that the process to resolve
claims has remained largely unchanged.
The CQ ILUA template provides for options on how native
title and cultural heritage issues may be resolved in the
claims resolution process and also provides for an innovative approach to future mediation through the introduction of «other outcomes».32
I have recently made public comment expressing concern about the length of time taken for the
resolution of native
title determination applications, including concern that this means that older members of
claim groups are not living to see their native
title recognised.
The current Bill proposes to change the
claims resolution process once again by giving the Federal Court the role of managing all native
title claims.
for Commonwealth financial assistance to State and Territory governments to negotiate settlements that result in the full and final
resolution of a
claim or potential claim, and provide practical benefits to Native Title Claim Groups, for example land acquisition, the buy back of licences and opportunities to co-manage and access
claim or potential
claim, and provide practical benefits to Native Title Claim Groups, for example land acquisition, the buy back of licences and opportunities to co-manage and access
claim, and provide practical benefits to Native
Title Claim Groups, for example land acquisition, the buy back of licences and opportunities to co-manage and access
Claim Groups, for example land acquisition, the buy back of licences and opportunities to co-manage and access land.
For example, the Federal Court's National Native
Title Registrar has informed me that the Court has «reviewed its approach to the management of the jurisdiction in order to ensure, to the extent possible, the efficient, effective and just
resolution of
claims».
The
claims resolution process: An independent review of the
claims resolution process to consider how the tribunal and the Federal Court can work more effectively in managing and resolving native
title claims.
There is no benefit to any party, and least of all to the applicant, in there being a multiplicity of forums involved in the
resolution of native
title claims, particularly without any one forum maintaining control over the proceedings.
There is no benefit to any party, and least of all to the claimant, in there being a multiplicity of forums involved in the
resolution of native
title claims, particularly without any one forum maintaining control over the proceedings.
It suggests that the Attorney - General should consider «how to increase the role of the Indigenous Land Fund in the
resolution of native
title claims».
The integral role of mediation and the relationship between the two key administrative bodies in the system in resolving native
title issues was acknowledged by the
Claims Resolution Review and the consequent changes that were made to the native
title system in 2007.
the
claims resolution process, including the powers of the National Native
Title Tribunal (the NNTT or the Tribunal), the Federal Court of Australia, and the relationship between the two
This undermines many of the advantages that the consent determination procedure seeks to achieve in facilitating the early
resolution of native
title claims.
More focused guidelines may assist in streamlining the native
title process and ultimately facilitate the timely
resolution of
claims.
Queensland land rights legislation appears to increasingly be playing a role in the
resolution of native
title claims by providing an alternative means for Indigenous people to obtain a substantive
title to land.64
The result of this would be
resolution of almost a third of native
title claims in the system by May 2013.
the
resolution of native
title claims is a means to an end, rather than an end itself.
«The
resolution of native
title claims is a means to an end, rather than an end to a means.