November/December 2002 • Northern Exposure • Opal Miners Celebrate Native Deal • Golden Pearl Anxiety Fades, Questions Linger • News & Updates • In This Issue

Expanded Coverage on News Story: Opal Miners Celebrate Native Deal
By Cara Woudenberg · Online Editor

Native Title | Reconciliation | ILUAs | Links on Native Title | Back to Original Article

What is Native Title?
Native Title is the term used by Australia's High Court to describe the common law rights and interests of Aboriginal and Torres Strait Islander peoples in land according to their traditions, laws, and customs.

The High Court Mabo decision in 1992 reversed a longstanding legal fiction that the continent was terra nullius — a land belonging to no-one. For the first time, the common law rights in land of Australia's indigenous people were recognized.

Since the Mabo decision, there have been a number of other decisions which have developed the common law principles of native title. For example, the Wik decision held that the grant of a pastoral lease did not necessarily extinguish native title. In the Fejo decision, the High Court confirmed that freehold title completely extinguished native title.

Native title law is still developing and there are a number of fundamental issues which remain to be finally settled by the courts. These issues concern the nature, scope, and extent of native title and the principles regarding the extinguishment of native title.

What is Reconciliation?
Reconciliation is a term which refers to a process whereby Aboriginal and Torres Strait Islander peoples, non-Indigenous Australians, and the nation of Australia can forge a new relationship based on mutual understanding, recognition, and respect.

The Reconciliation process began in 1991when the Commonwealth Parliament voted unanimously to establish the Council for Aboriginal Reconciliation, which set a 10-year timeframe to advance a national process of reconciliation. The Council's formation was an acknowledgment of the past and ongoing failure of government policy to recognize and address the cultural, social, and economic needs of Indigenous Australians.

On 27 August 2002, the Australian Senate passed a motion requesting the Senate Legal and Constitutional References Committee to inquire into national progress towards Reconciliation.

What is an Indigenous Land Use Agreement?
Indigenous Land Use Agreements or ILUAs are a type of agreement given formal recognition and status under the amended Native Title Act 1993. The agreements are between native title holders or claimants and other interested parties about how land and waters in the area covered under the agreement will be used and managed in the future.

Links to More Information on Native Title

National Native Title Tribunal
The National Native Title Tribunal of Australia assists people to resolve native title issues. The Tribunal is an Australian Commonwealth Government agency set up under the Native Title Act 1993. The site provides information about the Tribunal, native title applications, the future act processes, indigenous land use agreements, mediation and other information related to native title.

Australians for Native Title and Reconciliation
A national network supporting the rights of aboriginal and Torres Strait Islander peoples in Australia. It coordinates a major community education and awareness campaign on native title and reconciliation.

Attorney-General's Department, Native Title Division
Responsible for the formulation and provision of policy advice to the Federal Government on native title and for assisting the Attorney-General in the administration of those parts of the Native Title Act 1993 that are not administered by the Minister for Immigration, Multicultural and Indigenous Affairs.

Native Title Services
Native Title Services (NTS) was created as a specialist area within the Department of the Premier and Cabinet in 1998 as part of the Queensland Government's strategy to address native title issues.

The Indigenous Land Corporation
The Indigenous Land Corporation (ILC) is an independent Commonwealth statutory authority which was established in 1995. The ILC assists indigenous peoples in Australia to acquire land and manages indigenous-held land in a sustainable way to provide cultural, social, economic, or environmental benefits for themselves and for future generations.

Native Title Representative Bodies
Bodies established and authorized under the Native Title Act 1993 to represent indigenous people in particular regions. They are responsible for providing professional native title services to their clients in an effective and equitable manner.

Australians for Native Title
Australians for Native Title is a non profit alliance of individuals and groups which has been formed to provide a focus for ordinary Australians to express their support for the High Court decision on Native Title.

Native Title Research Unit
The Native Title Research Unit identifies pressing research needs arising from the recognition of native title, conducts relevant research projects to address these needs, and disseminates the results.

Australian Local Government Association
A federation of associations in each of Australia's six States and the Northern Territory and the Government of the Australian Capital Territory. The Association's task is to add value at the national level to the work of State and Territory Associations and their member councils.

Reconciliation Australia
Reconciliation Australia is the body established to provide a continuing national focus for reconciliation following the end of the Council for Aboriginal Reconciliation in December 2000. the independent non-profit body which provides a national focus for the process of reconciliation between Aboriginal and Torres Strait Islander peoples and the wider Australian community.