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Faculty of Law, UNSW
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Editors --- "Appendix A: The Prime Minister's Ten Point Plan" [1997] UNSWLawJl 1; (1997) 20(2) UNSW Law Journal 522

Appendix A

The Prime Minister's Ten Point Plan As At 8 May 1997

1. Validation of Acts/Grants Between 1/1/94 and 23/12/96

Legislative action will be taken to ensure that the validity of any acts or grants made in relation to non-vacant crown land in the period between passage of the NTA and the Wik decision is put beyond doubt.

2. Confirmation of Extinguishment of Native Title on `Exclusive' Tenures

States and Territories would be able to confirm that `exclusive' tenures such as freehold, residential, commercial and public works in existence on or before 1 January 1994 extinguish native title. Agricultural leases would also be covered to the extent that it can reasonably be said that by reason of the grant or the nature of the permitted use of the land, exclusive possession must have been intended. Any current or former pastoral lease conferring exclusive possession would also be included.

3. Provision of Government Services

Impediments to the provision of government services in relation to land on which native title may exist would be removed.

4. Native Title and Pastoral Leases

As provided in the Wik decision, native title rights over current or former pastoral leases and any agricultural leases not covered under 2 above would be permanently extinguished to the extent that those rights are inconsistent with those of the pastoralist.

All activities pursuant to, or incidental to, "primary production"[1] would be allowed on pastoral leases including farmstay tourism, even if native title exists, provided the dominant purpose of the use of the land is primary production. However, future government action such as the upgrading of title to perpetual or `exclusive' leases or freehold, would necessitate the acquisition of any native title rights proven to exist and the application of the regime described in 7 below (except where this is unnecessary because the pastoralist has an existing legally enforceable right to upgrade).

5. Statutory Access Rights

Where registered claimants can demonstrate that they currently have physical access to pastoral lease land, their continued access will be legislatively confirmed until the native title claim is determined. This would not affect existing access rights established by State or Territory legislation.

6. Future Mining Activity

7. Future Government and Commercial Development

8. Management of Water Resources and Airspace

The ability of governments to regulate and manage surface and subsurface water, off-shore resources and airspace, and the rights of those with interests under any such regulatory or management regime would be put beyond doubt.

9. Management of Claims

10. Agreements

Measures would be introduced to facilitate the negotiation of voluntary but binding agreements as an alternative to more formal native title machinery.


[1] This will be based on the definition in the Income Tax Assessment Act 1936 (Cth), as per Appendix B.


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