❓ WA State Government seeks Federal approval for its Native Title regime. The response details the approval process, timelines, and interim measures for mining exploration, highlighting delays and potential solutions.
AnsweredQoN 483Legislative Assembly
QuestionView source ↗
483. Ms ANWYL to the Premier:
(1) What process has occurred in the approval of the State Government Native Title regime?
(2) When was this legislation forwarded to the Federal Attorney-General?
(3) When was it approved by the Federal Attorney-General?
(4) What is the reason for the delay?
(5) When will it be presented to Federal Parliament?
(6) Has the Premier or the Premiers Department had any contact with the Federal Attorney-General or his Department as to this approval process and if so, when?
(7) Has the Premier or the Premiers Department engaged in lobbying of individual Senators in relation to this approval and if so when and whom?
(8) What steps are in place to deal with interim arrangements for mining exploration and prospecting?
(1) What process has occurred in the approval of the State Government Native Title regime?
(2) When was this legislation forwarded to the Federal Attorney-General?
(3) When was it approved by the Federal Attorney-General?
(4) What is the reason for the delay?
(5) When will it be presented to Federal Parliament?
(6) Has the Premier or the Premiers Department had any contact with the Federal Attorney-General or his Department as to this approval process and if so, when?
(7) Has the Premier or the Premiers Department engaged in lobbying of individual Senators in relation to this approval and if so when and whom?
(8) What steps are in place to deal with interim arrangements for mining exploration and prospecting?
AnswerView source ↗
Answered
10 October 2000
Response time
61 days
The Minister Replied:
(1) The Government provided the compliance documentation seeking a determination in relation to Part 2 of the Native Title (State Provisions) Act 1999 under section 43A of the Native Title Act (NTA) on 9 March 2000. On 17 July 2000, the Commonwealth Attorney-General made a preliminary assessment that the State's legislation complies with the Native Title Act. The Commonwealth Attorney-General is now in the process of consulting with representative bodies about the proposal, as required by the NTA. Any submissions from representative bodies must be provided by 1 September 2000.
(2) 9 March 2000.
(3) 17 July 2000.
(4) The State has no control over the length of time taken by the Commonwealth Government in dealing with issues.
(5) The legislation will be presented to Federal Parliament when the Commonwealth Attorney-General has made a final determination.
(6) There has been frequent contact between the Native Title and Strategic Issues Division of the Ministry of the Premier and Cabinet and the Native Title Division of the Attorney-General's Department.
(7) No.
(8) The current backlog would be reduced if the State legislative regime were not blocked by the Federal Opposition in the Senate as those mining tenement applications which are not in the Commonwealth NTA processes would be subject to the State regime. As about 75% of mining tenements occur on pastoral leasehold land, these simpler processes should facilitate speedier granting of mining tenements.
The Government is also negotiating agreements with some Aboriginal bodies to facilitate granting of exploration and prospecting titles without referral through the onerous processes under the NTA subject to a streamlined heritage regime, and granting mining tenements on the basis of the extinguishment principles determined by the Full Federal Court.
The State has also submitted to the Commonwealth a proposal for exclusion of exploration and prospecting titles from the provisions of the Native Title Act (NTA) under section 26A of the NTA. However, even if the proposal were not disallowed by the Senate after its approval by the Commonwealth Minister, its usefulness is very limited because the constrains imposed by the NTA are such that only most benign activity would be allowed under this exclusion.
(1) The Government provided the compliance documentation seeking a determination in relation to Part 2 of the Native Title (State Provisions) Act 1999 under section 43A of the Native Title Act (NTA) on 9 March 2000. On 17 July 2000, the Commonwealth Attorney-General made a preliminary assessment that the State's legislation complies with the Native Title Act. The Commonwealth Attorney-General is now in the process of consulting with representative bodies about the proposal, as required by the NTA. Any submissions from representative bodies must be provided by 1 September 2000.
(2) 9 March 2000.
(3) 17 July 2000.
(4) The State has no control over the length of time taken by the Commonwealth Government in dealing with issues.
(5) The legislation will be presented to Federal Parliament when the Commonwealth Attorney-General has made a final determination.
(6) There has been frequent contact between the Native Title and Strategic Issues Division of the Ministry of the Premier and Cabinet and the Native Title Division of the Attorney-General's Department.
(7) No.
(8) The current backlog would be reduced if the State legislative regime were not blocked by the Federal Opposition in the Senate as those mining tenement applications which are not in the Commonwealth NTA processes would be subject to the State regime. As about 75% of mining tenements occur on pastoral leasehold land, these simpler processes should facilitate speedier granting of mining tenements.
The Government is also negotiating agreements with some Aboriginal bodies to facilitate granting of exploration and prospecting titles without referral through the onerous processes under the NTA subject to a streamlined heritage regime, and granting mining tenements on the basis of the extinguishment principles determined by the Full Federal Court.
The State has also submitted to the Commonwealth a proposal for exclusion of exploration and prospecting titles from the provisions of the Native Title Act (NTA) under section 26A of the NTA. However, even if the proposal were not disallowed by the Senate after its approval by the Commonwealth Minister, its usefulness is very limited because the constrains imposed by the NTA are such that only most benign activity would be allowed under this exclusion.
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