Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Philip Ruddock MP)NATIVE TITLE AMENDMENT BILL 2006
Outline
In September 2005, the Government announced a package of six inter-related reforms to the native title system. The primary purpose of the Bill is to amend the Native Title Act 1993 to implement aspects of four of the six elements of the reform package:
- •
- measures to improve the effectiveness of representative Aboriginal and Torres Strait Islander bodies (representative bodies)
- •
- an independent review of native title claims resolution processes to consider how the National Native Title Tribunal (NNTT) and the Federal Court of Australia (Court) may work more effectively in managing and resolving native title claims
- •
- measures to encourage the effective functioning of prescribed bodies corporate (PBCs), the bodies established to manage native title once it is recognised, and
- •
- reforms to the native title non-claimants (respondents) financial assistance program to encourage agreement-making rather than litigation.
Schedule 1 of the Bill introduces a new regime for representative bodies. The proposed measures are designed to:
- •
- enhance the quality of services provided by representative bodies by broadening the range of organisations that can undertake activities on behalf of claimants
- •
- streamline the process for withdrawing recognition from poorly performing representative bodies and appointing a replacement body, and make corresponding changes to other provisions governing representative bodies
- •
- put a time limit on the recognised status of representative bodies to ensure a focus on outcomes (while ensuring that all existing representative bodies are initially invited to be recognised for between one and six years)
- •
- reduce red-tape by removing the requirement for representative bodies to prepare strategic plans and table their annual reports in Parliament
- •
- ensure that entities funded to perform representative body functions can provide the same services as representative bodies, and
- •
- make it easier to change representative body areas.
Schedule 2 of the Bill implements a number of recommendations made by an independent review into the native title claims resolution process (Claims Resolution Review). The purpose of the Claims Resolution Review was to identify ways to improve the efficiency and effectiveness of the claims resolution process and consider how the Court and NNTT could work together more effectively to facilitate the timely resolution of claims.
The proposed measures are designed to address a number of key issues identified in the Claims Resolution Review, including:
- •
- promoting better communication and coordination between the Court and the NNTT
- •
- removing the duplication of functions between the Court and the NNTT
- •
- improving the effectiveness of NNTT mediation, and
- •
- facilitating improved behaviour of parties.
Schedule 3 of the Bill amends provisions relating to PBCs. In October 2006, the Attorney-General, the Honourable Philip Ruddock MP, and the Minister for Families, Community Services and Indigenous Affairs, the Honourable Mal Brough MP, released a report examining the structures and processes of PBCs (PBC Report). The report included an examination of the appropriateness of the existing statutory governance model for PBCs. The amendments in the Bill will allow for two of the recommendations in the PBC report to be implemented which will enable improvements to the flexibility of the PBC governance regime to accommodate specific interests and circumstances of the native title holders.
Schedule 4 of the Bill amends section 183, which provides that the Attorney-General may grant assistance to non-claimant parties to an inquiry, mediation or proceeding related to native title, and to non-claimant parties negotiating indigenous land use agreements. The amendment will expand the scope of section 183 to enable the Attorney-General to grant assistance to non-claimant parties to develop standard form agreements, or review existing standard form agreements, relating to the normal negotiation and expedited procedure of the right to negotiate process for mining related acts. This amendment allows assistance to be approved for legal and other costs associated with the development of standard form agreements and the review of existing standard form agreements.
Financial impact statement
There is no direct financial impact on Government revenue from this Bill.