Aboriginal Law Bulletin --- "Update Part Two August 1994: National Native Title Tribunal Update and New Appointments; New Resources (Mabo and the Native Title Act)" [1994] AboriginalLawB 47; (1994) 3(69) Aboriginal Law Bulletin 19

• Update-Part Two August 1994
• National Native Title Tribunal: New Appointments
• National Native Title Tribunal Update
• New Resources
• (Mabo &Amp; The Native Title Act)

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Update - Part Two

August 1994

National Native Title Tribunal: New Appointments

On 27 July 1994 the Attorney-Gendral made several appointments to the National Native Title Tribunal. Justice Jane Mathews and the Honourable Hal Wootten were appointed as part-time Deputy Presidents of the Tribunal and will be based in NSW. Sean Flood, who will also be based in NSW, was appointed as a full-time member of the Tribunal. In Western Australia, the Honourable Frederick Chaney and Anthony Lee were appointed as part-time members of the Tribunal.

National Native Title Tribunal Update

• The Cabonne Council has withdrawn its non-claimant application for native title determination over 2.8 hectares of Crown land sought for residential development in the NSW town of Molong. An agreement was reached between the NSW Department of Conservation and Land Management and the Shire Council regarding the issue of title and compensation.
• The Tribunal has declined to accept the application of the Gunggalida people in northern Queensland's Doomadgee region regarding land south of the Gulf of Carpentaria because insufficient information was lodged with the Registrar.
• The application of the Kalkadoon Tribe of north-west Queensland regarding native title determination in the township of Ballara and Lake Corolla (on Timbem Cattle Station) near Mt Isa was withdrawn by the applicants who intend to carry out further research before again approaching the Tribunal.
• Eighteen people in the East Kimberley region of Western Australia have made a native title claimant application to the NNTT on behalf of the Miriuwung and Gajerrong people. It is yet to be assessed to decide whether it will be accepted. The claim area covers the Carlton Hill, Ivanhoe, Rosewood and Lissadell pastoral leases near Kununurra, and largely surrounds a previous application by the Miriuwung and Gajerrong people. The Tribunal accepted the earlier application in June and has invited people it affects to register their interest with the NNTT before August 29 if they wish to take part in mediation of that claim, due to begin next month. If the latest application is accepted, the NNTT will issue a determination of Native Title only if the application is unopposed or if there is agreement among parties through mediation. If agreement is reached, the NNTT will hold an inquiry to establish if there is some legal basis for an agreement and that it is fair. If there is no agreement, the NNTT will refer the matter to the Federal Court for a decision.
• On 12 August the NNTT Registrar, Ms Patricia Lane, decided that Queensland's Waanyi people could not make out a prima facie native title claim. Ms Lane said her decision was based on the existence of a pastoral lease granted under the Pastoral Leases Act of 1869. Ms Lane said the rights claimed by the applicants were not consistent with the right to exclusive possession held under the pastoral lease. The President of the NNTT agreed with the opinion of the Registrar on this claim and is now required by the Act to give the applicant a reasonable opportunity to satisfy him that a prima facie claim can be made out.
• On 18 August in Perth, the Nanda Aboriginal people of Murchison region of WA lodged an application for a determination of Native Title over a region of land near the coastal resort and fishing town of Kalbarri. The main claim area includes the Murchison House pastoral lease, vacant Crown Land, parkland and recreation reserves, and part of the Kalbarri National Park. The Barrell Well Aboriginal Reserve forms a second, smaller claim area just south-west of Ajana. The application is being assessed by the Tribunal for acceptance.

New Resources

(Mabo & the Native Title Act)

The Australian Government Publishing Service has published the Native Title Act 1993 (Cth) with a forward by the Attorney-General Michael Lavarch and commentary and index by the Attorney-General's Legal Practice. The index allows researchers to examine subjects across the Act and Regulations. The National Native Title Tribunal Regulations and the Second Reading Speech on the Act are also included in this volume. The publication is designed to enable better access to the new legislation and relevant explanatory materials.

Native Title is available at a cost of $24.95 from Commonwealth Government Bookshops Australia-wide, by phoning [phone] or by writing to AGPS Mail Sales, GPO Box 84, Canberra ACT, 2601. (Please quote ALPS Cat. No. 93 26487.)

ATSIC has produced a 10-minute video titled An Act of Justice - the Mabo Judgment and the Native Title Act. The video traces the story from the High Court application by Eddie Mabo and four other Meriam people from Murray (Mer) Island in 1982 to the passing of the native title legislation at midnight on 21 December 1993. The tape also briefly summarises what the Act means and does not mean.

ATSIC has also produced a Native Title Information Kit consisting of six booklets. One booklet gives a detailed summary of the Native Title Act and three booklets outline the procedures involved in making a native title claim.

The video contains clips of Eddie Mabo speaking about the issues involved in his High Court case. ATSIC stresses that Eddie Mabo's family held a ceremony some time ago to clear the use of his name and such film clips.

The kit is available in bulk quantities and the video is available to any organisations which will use it regularly - either for the benefit of the local Aboriginal and Torres Strait Islander peoples or for wider public awareness in the local non-indigenous community. ATSIC will send the video to local schools and to any community organisations which will actually use it regularly.

The kit and video can be ordered by writing to Native Title Awareness Campaign, Office of Public Affairs, ATSIC, PO Box 17, Woden ACT, 2606 or telephone Wendy Neil on [phone].