A parliamentary question regarding native title claims on the Burrup Peninsula and the basis for government compensation offers before native title determination. The government's response outlines the legal framework and negotiations undertaken.

AnsweredQoN 818Legislative Council
Asked
4 April 2003
Portfolio
minister representing the Deputy Premier

QuestionView source ↗

I refer the Deputy Premier to the Government’s offer to native title claimants concerning the Burrup land required for industrial development. (1) Have any of the three groups proven their native title claims under the requirements of the Native Title Act and recent High Court decisions? (2) If not, on what basis does the Government make compensation offers without anyone proving entitlement to such compensation? (3) Have any of the three groups demonstrated a continued link to the land? (4) What traditional native title rights are impeded by industrial development on the Burrup and, as such, warrant compensation? Hon KIM CHANCE

AnswerView source ↗

I thank the member for some notice of this question. I seek leave to table the answer and have it incorporated in Hansard . Leave granted. The following material was incorporated - (1) The Ngarluma Yindjibarndi, Yaburara Mardudhunera and the Wong-Goo-Tt-Oo native title determination applications have been heard by the Federal Court. However, the Federal Court has not yet made a determination on whether native title exists over the Burrup Peninsula. (2) In order to make land available for industrial development on the Burrup Peninsula pending the determination of native title, the commonwealth Native Title Act 1993 required the Government to negotiate in good faith with the three native title claimant groups with a view to reaching agreement on the circumstances in which any native title rights that may exist could be compulsorily acquired by the State. An agreement was successfully negotiated which allows the State to establish the Burrup and Maitland industrial estates, notwithstanding that there has not yet been a determination on whether or not native title exists over that area. The Government ensured that the State was protected against any native title compensation liability that might arise because of the establishment of the industrial estates by ensuring that the package of benefits negotiated under this agreement would constitute full and final settlement of any native title compensation. (3) Each of the native title claimant groups has presented evidence to the Federal Court in relation to its links to the land. The issue as to whether the three groups have demonstrated sufficient traditional connection to the land to establish native title is yet to be decided by the Federal Court. (4) In order to make the land available for industrial development, the Government needs to compulsorily acquire any other rights in the land that may exist, including any native title rights. The commonwealth Native Title Act 1993 provides that compensation is payable for the extinguishment of native title.
(1) Have any of the three groups proven their native title claims under the requirements of the Native Title Act and recent High Court decisions? (2) If not, on what basis does the Government make compensation offers without anyone proving entitlement to such compensation? (3) Have any of the three groups demonstrated a continued link to the land? (4) What traditional native title rights are impeded by industrial development on the Burrup and, as such, warrant compensation? Hon KIM CHANCE replied : I thank the member for some notice of this question. I seek leave to table the answer and have it incorporated in Hansard . Leave granted. The following material was incorporated - (1) The Ngarluma Yindjibarndi, Yaburara Mardudhunera and the Wong-Goo-Tt-Oo native title determination applications have been heard by the Federal Court. However, the Federal Court has not yet made a determination on whether native title exists over the Burrup Peninsula. (2) In order to make land available for industrial development on the Burrup Peninsula pending the determination of native title, the commonwealth Native Title Act 1993 required the Government to negotiate in good faith with the three native title claimant groups with a view to reaching agreement on the circumstances in which any native title rights that may exist could be compulsorily acquired by the State. An agreement was successfully negotiated which allows the State to establish the Burrup and Maitland industrial estates, notwithstanding that there has not yet been a determination on whether or not native title exists over that area. The Government ensured that the State was protected against any native title compensation liability that might arise because of the establishment of the industrial estates by ensuring that the package of benefits negotiated under this agreement would constitute full and final settlement of any native title compensation. (3) Each of the native title claimant groups has presented evidence to the Federal Court in relation to its links to the land. The issue as to whether the three groups have demonstrated sufficient traditional connection to the land to establish native title is yet to be decided by the Federal Court. (4) In order to make the land available for industrial development, the Government needs to compulsorily acquire any other rights in the land that may exist, including any native title rights. The commonwealth Native Title Act 1993 provides that compensation is payable for the extinguishment of native title.
(2) If not, on what basis does the Government make compensation offers without anyone proving entitlement to such compensation? (3) Have any of the three groups demonstrated a continued link to the land? (4) What traditional native title rights are impeded by industrial development on the Burrup and, as such, warrant compensation? Hon KIM CHANCE replied : I thank the member for some notice of this question. I seek leave to table the answer and have it incorporated in Hansard . Leave granted. The following material was incorporated - (1) The Ngarluma Yindjibarndi, Yaburara Mardudhunera and the Wong-Goo-Tt-Oo native title determination applications have been heard by the Federal Court. However, the Federal Court has not yet made a determination on whether native title exists over the Burrup Peninsula. (2) In order to make land available for industrial development on the Burrup Peninsula pending the determination of native title, the commonwealth Native Title Act 1993 required the Government to negotiate in good faith with the three native title claimant groups with a view to reaching agreement on the circumstances in which any native title rights that may exist could be compulsorily acquired by the State. An agreement was successfully negotiated which allows the State to establish the Burrup and Maitland industrial estates, notwithstanding that there has not yet been a determination on whether or not native title exists over that area. The Government ensured that the State was protected against any native title compensation liability that might arise because of the establishment of the industrial estates by ensuring that the package of benefits negotiated under this agreement would constitute full and final settlement of any native title compensation. (3) Each of the native title claimant groups has presented evidence to the Federal Court in relation to its links to the land. The issue as to whether the three groups have demonstrated sufficient traditional connection to the land to establish native title is yet to be decided by the Federal Court. (4) In order to make the land available for industrial development, the Government needs to compulsorily acquire any other rights in the land that may exist, including any native title rights. The commonwealth Native Title Act 1993 provides that compensation is payable for the extinguishment of native title.
(3) Have any of the three groups demonstrated a continued link to the land? (4) What traditional native title rights are impeded by industrial development on the Burrup and, as such, warrant compensation? Hon KIM CHANCE replied : I thank the member for some notice of this question. I seek leave to table the answer and have it incorporated in Hansard . Leave granted. The following material was incorporated - (1) The Ngarluma Yindjibarndi, Yaburara Mardudhunera and the Wong-Goo-Tt-Oo native title determination applications have been heard by the Federal Court. However, the Federal Court has not yet made a determination on whether native title exists over the Burrup Peninsula. (2) In order to make land available for industrial development on the Burrup Peninsula pending the determination of native title, the commonwealth Native Title Act 1993 required the Government to negotiate in good faith with the three native title claimant groups with a view to reaching agreement on the circumstances in which any native title rights that may exist could be compulsorily acquired by the State. An agreement was successfully negotiated which allows the State to establish the Burrup and Maitland industrial estates, notwithstanding that there has not yet been a determination on whether or not native title exists over that area. The Government ensured that the State was protected against any native title compensation liability that might arise because of the establishment of the industrial estates by ensuring that the package of benefits negotiated under this agreement would constitute full and final settlement of any native title compensation. (3) Each of the native title claimant groups has presented evidence to the Federal Court in relation to its links to the land. The issue as to whether the three groups have demonstrated sufficient traditional connection to the land to establish native title is yet to be decided by the Federal Court. (4) In order to make the land available for industrial development, the Government needs to compulsorily acquire any other rights in the land that may exist, including any native title rights. The commonwealth Native Title Act 1993 provides that compensation is payable for the extinguishment of native title.
(4) What traditional native title rights are impeded by industrial development on the Burrup and, as such, warrant compensation? Hon KIM CHANCE replied : I thank the member for some notice of this question. I seek leave to table the answer and have it incorporated in Hansard . Leave granted. The following material was incorporated - (1) The Ngarluma Yindjibarndi, Yaburara Mardudhunera and the Wong-Goo-Tt-Oo native title determination applications have been heard by the Federal Court. However, the Federal Court has not yet made a determination on whether native title exists over the Burrup Peninsula. (2) In order to make land available for industrial development on the Burrup Peninsula pending the determination of native title, the commonwealth Native Title Act 1993 required the Government to negotiate in good faith with the three native title claimant groups with a view to reaching agreement on the circumstances in which any native title rights that may exist could be compulsorily acquired by the State. An agreement was successfully negotiated which allows the State to establish the Burrup and Maitland industrial estates, notwithstanding that there has not yet been a determination on whether or not native title exists over that area. The Government ensured that the State was protected against any native title compensation liability that might arise because of the establishment of the industrial estates by ensuring that the package of benefits negotiated under this agreement would constitute full and final settlement of any native title compensation. (3) Each of the native title claimant groups has presented evidence to the Federal Court in relation to its links to the land. The issue as to whether the three groups have demonstrated sufficient traditional connection to the land to establish native title is yet to be decided by the Federal Court. (4) In order to make the land available for industrial development, the Government needs to compulsorily acquire any other rights in the land that may exist, including any native title rights. The commonwealth Native Title Act 1993 provides that compensation is payable for the extinguishment of native title.
Hon KIM CHANCE replied : I thank the member for some notice of this question. I seek leave to table the answer and have it incorporated in Hansard . Leave granted. The following material was incorporated - (1) The Ngarluma Yindjibarndi, Yaburara Mardudhunera and the Wong-Goo-Tt-Oo native title determination applications have been heard by the Federal Court. However, the Federal Court has not yet made a determination on whether native title exists over the Burrup Peninsula. (2) In order to make land available for industrial development on the Burrup Peninsula pending the determination of native title, the commonwealth Native Title Act 1993 required the Government to negotiate in good faith with the three native title claimant groups with a view to reaching agreement on the circumstances in which any native title rights that may exist could be compulsorily acquired by the State. An agreement was successfully negotiated which allows the State to establish the Burrup and Maitland industrial estates, notwithstanding that there has not yet been a determination on whether or not native title exists over that area. The Government ensured that the State was protected against any native title compensation liability that might arise because of the establishment of the industrial estates by ensuring that the package of benefits negotiated under this agreement would constitute full and final settlement of any native title compensation. (3) Each of the native title claimant groups has presented evidence to the Federal Court in relation to its links to the land. The issue as to whether the three groups have demonstrated sufficient traditional connection to the land to establish native title is yet to be decided by the Federal Court. (4) In order to make the land available for industrial development, the Government needs to compulsorily acquire any other rights in the land that may exist, including any native title rights. The commonwealth Native Title Act 1993 provides that compensation is payable for the extinguishment of native title.
I thank the member for some notice of this question. I seek leave to table the answer and have it incorporated in Hansard . Leave granted. The following material was incorporated - (1) The Ngarluma Yindjibarndi, Yaburara Mardudhunera and the Wong-Goo-Tt-Oo native title determination applications have been heard by the Federal Court. However, the Federal Court has not yet made a determination on whether native title exists over the Burrup Peninsula. (2) In order to make land available for industrial development on the Burrup Peninsula pending the determination of native title, the commonwealth Native Title Act 1993 required the Government to negotiate in good faith with the three native title claimant groups with a view to reaching agreement on the circumstances in which any native title rights that may exist could be compulsorily acquired by the State. An agreement was successfully negotiated which allows the State to establish the Burrup and Maitland industrial estates, notwithstanding that there has not yet been a determination on whether or not native title exists over that area. The Government ensured that the State was protected against any native title compensation liability that might arise because of the establishment of the industrial estates by ensuring that the package of benefits negotiated under this agreement would constitute full and final settlement of any native title compensation. (3) Each of the native title claimant groups has presented evidence to the Federal Court in relation to its links to the land. The issue as to whether the three groups have demonstrated sufficient traditional connection to the land to establish native title is yet to be decided by the Federal Court. (4) In order to make the land available for industrial development, the Government needs to compulsorily acquire any other rights in the land that may exist, including any native title rights. The commonwealth Native Title Act 1993 provides that compensation is payable for the extinguishment of native title.
Leave granted. The following material was incorporated - (1) The Ngarluma Yindjibarndi, Yaburara Mardudhunera and the Wong-Goo-Tt-Oo native title determination applications have been heard by the Federal Court. However, the Federal Court has not yet made a determination on whether native title exists over the Burrup Peninsula. (2) In order to make land available for industrial development on the Burrup Peninsula pending the determination of native title, the commonwealth Native Title Act 1993 required the Government to negotiate in good faith with the three native title claimant groups with a view to reaching agreement on the circumstances in which any native title rights that may exist could be compulsorily acquired by the State. An agreement was successfully negotiated which allows the State to establish the Burrup and Maitland industrial estates, notwithstanding that there has not yet been a determination on whether or not native title exists over that area. The Government ensured that the State was protected against any native title compensation liability that might arise because of the establishment of the industrial estates by ensuring that the package of benefits negotiated under this agreement would constitute full and final settlement of any native title compensation. (3) Each of the native title claimant groups has presented evidence to the Federal Court in relation to its links to the land. The issue as to whether the three groups have demonstrated sufficient traditional connection to the land to establish native title is yet to be decided by the Federal Court. (4) In order to make the land available for industrial development, the Government needs to compulsorily acquire any other rights in the land that may exist, including any native title rights. The commonwealth Native Title Act 1993 provides that compensation is payable for the extinguishment of native title.
The following material was incorporated - (1) The Ngarluma Yindjibarndi, Yaburara Mardudhunera and the Wong-Goo-Tt-Oo native title determination applications have been heard by the Federal Court. However, the Federal Court has not yet made a determination on whether native title exists over the Burrup Peninsula. (2) In order to make land available for industrial development on the Burrup Peninsula pending the determination of native title, the commonwealth Native Title Act 1993 required the Government to negotiate in good faith with the three native title claimant groups with a view to reaching agreement on the circumstances in which any native title rights that may exist could be compulsorily acquired by the State. An agreement was successfully negotiated which allows the State to establish the Burrup and Maitland industrial estates, notwithstanding that there has not yet been a determination on whether or not native title exists over that area. The Government ensured that the State was protected against any native title compensation liability that might arise because of the establishment of the industrial estates by ensuring that the package of benefits negotiated under this agreement would constitute full and final settlement of any native title compensation. (3) Each of the native title claimant groups has presented evidence to the Federal Court in relation to its links to the land. The issue as to whether the three groups have demonstrated sufficient traditional connection to the land to establish native title is yet to be decided by the Federal Court. (4) In order to make the land available for industrial development, the Government needs to compulsorily acquire any other rights in the land that may exist, including any native title rights. The commonwealth Native Title Act 1993 provides that compensation is payable for the extinguishment of native title.
(1) The Ngarluma Yindjibarndi, Yaburara Mardudhunera and the Wong-Goo-Tt-Oo native title determination applications have been heard by the Federal Court. However, the Federal Court has not yet made a determination on whether native title exists over the Burrup Peninsula. (2) In order to make land available for industrial development on the Burrup Peninsula pending the determination of native title, the commonwealth Native Title Act 1993 required the Government to negotiate in good faith with the three native title claimant groups with a view to reaching agreement on the circumstances in which any native title rights that may exist could be compulsorily acquired by the State. An agreement was successfully negotiated which allows the State to establish the Burrup and Maitland industrial estates, notwithstanding that there has not yet been a determination on whether or not native title exists over that area. The Government ensured that the State was protected against any native title compensation liability that might arise because of the establishment of the industrial estates by ensuring that the package of benefits negotiated under this agreement would constitute full and final settlement of any native title compensation. (3) Each of the native title claimant groups has presented evidence to the Federal Court in relation to its links to the land. The issue as to whether the three groups have demonstrated sufficient traditional connection to the land to establish native title is yet to be decided by the Federal Court. (4) In order to make the land available for industrial development, the Government needs to compulsorily acquire any other rights in the land that may exist, including any native title rights. The commonwealth Native Title Act 1993 provides that compensation is payable for the extinguishment of native title.
(2) In order to make land available for industrial development on the Burrup Peninsula pending the determination of native title, the commonwealth Native Title Act 1993 required the Government to negotiate in good faith with the three native title claimant groups with a view to reaching agreement on the circumstances in which any native title rights that may exist could be compulsorily acquired by the State. An agreement was successfully negotiated which allows the State to establish the Burrup and Maitland industrial estates, notwithstanding that there has not yet been a determination on whether or not native title exists over that area. The Government ensured that the State was protected against any native title compensation liability that might arise because of the establishment of the industrial estates by ensuring that the package of benefits negotiated under this agreement would constitute full and final settlement of any native title compensation. (3) Each of the native title claimant groups has presented evidence to the Federal Court in relation to its links to the land. The issue as to whether the three groups have demonstrated sufficient traditional connection to the land to establish native title is yet to be decided by the Federal Court. (4) In order to make the land available for industrial development, the Government needs to compulsorily acquire any other rights in the land that may exist, including any native title rights. The commonwealth Native Title Act 1993 provides that compensation is payable for the extinguishment of native title.
(3) Each of the native title claimant groups has presented evidence to the Federal Court in relation to its links to the land. The issue as to whether the three groups have demonstrated sufficient traditional connection to the land to establish native title is yet to be decided by the Federal Court. (4) In order to make the land available for industrial development, the Government needs to compulsorily acquire any other rights in the land that may exist, including any native title rights. The commonwealth Native Title Act 1993 provides that compensation is payable for the extinguishment of native title.
(4) In order to make the land available for industrial development, the Government needs to compulsorily acquire any other rights in the land that may exist, including any native title rights. The commonwealth Native Title Act 1993 provides that compensation is payable for the extinguishment of native title.

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