National Native Title Tribunal

The National Native Title Tribunal is an independent body that assists people to reach timely and effective outcomes for disputes about native title in Australia.

It is a Commonwealth Government agency set up under the Native Title Act 1993 (Cwlth) and is part of the Attorney-General's portfolio. It works closely with Federal Court of Australia (FCA) to help people reach native tile outcomes by agreement. The Court makes determinations on whether native title exists, or not.

History

• On 1 January 1994, The Native Title Act (1993) commenced operation. It was a result of the High Court of Australia’s Mabo decision in 1992 where the Meriam People of Murray Island in the Torres Straits were recognised as native title holders over part of their traditional lands. ^[1]
• The High Court of Australia handed down the first judgment of native title over waters in 2001 for the Croker Island People of the Northern Territory. The decision paved the way for other native title applications involving waters to proceed.^[2]
• There is a difference between land rights and native title recognition. A land rights claim involves Indigenous Australians seeking a grant of title to land from the Commonwealth, state of territory governments. Land rights laws differ from state to state, and the grant of the title is usually held by a community or organisation, not an individual.^[3]
• Native title determinations over Australian land and waters cover about 901,500 sq km – about 11.7 per cent of the Australian land mass ^[4](Correct at 16 June 2010)

Role and functions

The Tribunal’s main role is to bring people together so they can explore ways to reach agreements about native title.

The Tribunal:

• applies the registration test to all new native title claimant applications. All new claims must satisfy this set of conditions to be given certain procedural rights over the area claimed.
• mediates native title claims under the direction of the Federal Court of Australia.
• notifies the public when native title applications have been registered. Notification involves placing advertisements in newspapers as well as sending letters directly to people and organisations with a registered interest in the specific area.
• maintains three registers which hold detailed information about native title in Australia: the Register of Native Title Claims, the National Native Title Register and the Register of Indigenous Land Use Agreements.
• makes decisions about some proposed activities or developments, called future acts.
• helps parties, through mediation, come to agreements over future act matters.
• negotiates other types of agreements, such as indigenous land use agreements.

On request, the Tribunal can provide assistance and information to people involved in the native title process.

Locations

The Tribunal has Registries across Australia. The head office, Principal Registry, and the Western Australia Registry are located in Perth. The Central Australian Registry, which covers the Northern Territory and South Australia is located in Adelaide. The Queensland Registry has two offices, located in Brisbane and Cairns. The Victoria and Tasmania Registry is located in Melbourne, and the New South Wales (NSW) and Australian Capital Territory (ACT) Registry is located in Sydney.

Organisational structure

The President is responsible for managing the Tribunal’s administrative affairs. The Governor-General appoints the President and Members for specific terms of not longer than five years.

Members assist the President to develop an overall strategy and direction for the Tribunal. Members are involved in:

• providing assistance and information
• helping people to understand native title and its processes
• indigenous land use agreement (ILUA) negotiations and future act hearings and processes, as well as
• claim mediation

The Registrar has specific responsibilities under the Native Title Act as well having the powers of the Secretary of a department in relation to financial matters and the management of employees.

References

1. ^ National Native Title Tribunal. About Native Title, National Native Title Tribunal, 2008.
2. ^ National Native Title Tribunal, Talking Native Title, Issue 1, National Native Title Tribunal, December 2001.
3. ^ National Native Title Tribunal. (2008) What's the difference between native title and land rights? [Brochure]. Perth, Western Australia: National Native Title Tribunal.
4. ^ National Native Title Tribunal.(30 September 2009). National Perspective. Retrieved 18 June 1010, from http://www.nntt.gov.au/Native-Title-In-Australia/Pages/National-Perspective.aspx

External links

• National Native Title Tribunal
• Native Title Act (1993)
• Attorney-General's information on native title
• Aboriginal and Torres Strait Islander Social Justice Commissioner
• Social Justice Reports 1994-2009
• Native Title Reports 1994-2009 for more information about Aboriginal and Torres Strait Islander affairs.