Native title bill to pass next week: Labor

Government and Labor make a deal on native title.

The On Country program will see Indigenous Elders and Traditional owners combat reoffending and crime with culture.

The On Country program will see Indigenous Elders and Traditional owners combat reoffending and crime with culture. Source: Getty Images

Labor and the government have come to a "settled position" which will deliver native title law changes through federal parliament next week.

The bill, slated to be debated in the Senate on Tuesday, is aimed at resolving legal uncertainty around more than 120 indigenous land use agreements relating to major projects, including Queensland's Carmichael mine proposed by Indian resources giant Adani.

Labor frontbencher Tim Hammond told a resources conference in Perth there was now a "settled position" and the opposition envisaged the bill would be passed next week.

A Federal Court ruling known as the McGlade case found an indigenous land use agreement could not be registered unless all members of the "registered native title claimant" signed the agreement, including members of the group who may have died.

The ruling overturned an earlier decision, which found that an area ILUA could be registered if it had been signed by at least one member of the registered native title claimant group.

After the McGlade decision the only avenue available to a registered native title claimant group, where there was not unanimous consent from all claimants, was to re-authorise a new applicant and make an application to remove the members of the group who refuse to sign.

The bill expected to pass parliament next week reverts the system to the pre- McGlade status quo.
Mr Hammond said it was unfortunate that due to "poor drafting and improper consultation" there had been five necessary amendments to the bill to correct faults not dealt with by the original legislation.

Attorney-General George Brandis says Labor delayed a final decision on the bill because it was torn between its "blue collar and green collar".

Members of the Wangan and Jagalingou registered native title claimant are in the Federal Court seeking to strike out Adani's ILUA.

AAP


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Published 9 June 2017 9:36am


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