❓ The Minister for Aboriginal Affairs provides an update on native title determinations in WA, highlighting progress and future plans for agreement-making with Aboriginal people. They emphasize the shift from contention to acceptance of native title as part of the legal landscape.
AnsweredQoN 925Legislative Assembly
QuestionView source ↗
NATIVE TITLE
925. Ms M.M. QUIRK to the Minister for Aboriginal Affairs:
I refer to the McGowan Labor
government's commitment to working collaboratively with Aboriginal
people and promoting agreements with native title groups.
(1) Can the
minister outline to the house the McGowan Labor government's approach
to reforming native title processes in Western Australia?
(2) Can the
minister update the house on the native title determinations that have been
finalised this year?
925. Ms M.M. QUIRK to the Minister for Aboriginal Affairs:
I refer to the McGowan Labor
government's commitment to working collaboratively with Aboriginal
people and promoting agreements with native title groups.
(1) Can the
minister outline to the house the McGowan Labor government's approach
to reforming native title processes in Western Australia?
(2) Can the
minister update the house on the native title determinations that have been
finalised this year?
AnswerView source ↗
I thank the member for Girrawheen
for that question.
(1)–(2) Nowhere
else in Australia is the Native Title Act used more extensively than here. I think
I have mentioned before in this place that in 2017 we reached a milestone
position, whereby for the first time the number of native title determinations
exceeded the number of outstanding applications. Since the Native Title Act
passed federal Parliament, 86 native title applications have been determined in
WA, covering over 1.5 million square kilometres. I think we are now at the
point of most people appreciating and understanding that native title as a legal
concept is now well regarded and understood, and as a result we recently merged
the native title unit with the Aboriginal policy unit. In my view, native title
is no longer a legal issue of contention, and we can and should manage it under
the broader context of agreement-making with Aboriginal people. I suspect that
2018 will prove to be the year that we proceed with the most determinations on
record. So far there have been 10 determinations of native title, of which
eight have been made by consent. At the moment we expect a further six consent
determinations scheduled for the remainder of the year, bringing the
anticipated total to 16 for 2018. It is worth noting that of those settled this
year, the wait of the Mayala applicants, off the Kimberley coast, has been
particularly long. Their application was lodged in 1998, making it over 20
years that they have been waiting for the determination of native title. Native
title was recognised on 4 October 2018 on over 3 800 square kilometres of sea
and islands north of Derby, basically the Buccaneer Archipelago. I want to
congratulate the Mayala people for their long, long wait. As we all know now with
respect to the south west settlement—otherwise known as the Noongar
claim—on 17 October, the Native Title Registrar registered all six of
the native title agreements. We are currently waiting to see whether any
objections will be lodged with the Federal Court. I suspect there might be but,
hopefully, we can proceed with that sooner rather than later. Similarly, in
respect of Geraldton, an alternative settlement process was started. An offer
was made in August last year to enter into a negotiated alternative settlement
with the traditional owners of the Geraldton region. This covers some 48 000
square kilometres of land and water. When finalised, it will resolve four very
longstanding native title claims. It is proceeding well. The court has given us
a very tight time frame to, hopefully, have the Geraldton alternative
settlement process completed by December 2019.
When we talk about native title, to
be honest, we are talking about Western Australia and, to a lesser extent,
Queensland. As a state, we are progressing very, very well. Now that it is
native title, despite the rocky and hostile start to native title—I
think most people in this place will remember how native title was perceived—it
is now very much an accepted part of the legal landscape and embedded in the
agreement-making processes between government, industry and native title
holders. Between now and Christmas, I look forward to resolving those six
outstanding terminations.
The SPEAKER : That is the end
of question time.
for that question.
(1)–(2) Nowhere
else in Australia is the Native Title Act used more extensively than here. I think
I have mentioned before in this place that in 2017 we reached a milestone
position, whereby for the first time the number of native title determinations
exceeded the number of outstanding applications. Since the Native Title Act
passed federal Parliament, 86 native title applications have been determined in
WA, covering over 1.5 million square kilometres. I think we are now at the
point of most people appreciating and understanding that native title as a legal
concept is now well regarded and understood, and as a result we recently merged
the native title unit with the Aboriginal policy unit. In my view, native title
is no longer a legal issue of contention, and we can and should manage it under
the broader context of agreement-making with Aboriginal people. I suspect that
2018 will prove to be the year that we proceed with the most determinations on
record. So far there have been 10 determinations of native title, of which
eight have been made by consent. At the moment we expect a further six consent
determinations scheduled for the remainder of the year, bringing the
anticipated total to 16 for 2018. It is worth noting that of those settled this
year, the wait of the Mayala applicants, off the Kimberley coast, has been
particularly long. Their application was lodged in 1998, making it over 20
years that they have been waiting for the determination of native title. Native
title was recognised on 4 October 2018 on over 3 800 square kilometres of sea
and islands north of Derby, basically the Buccaneer Archipelago. I want to
congratulate the Mayala people for their long, long wait. As we all know now with
respect to the south west settlement—otherwise known as the Noongar
claim—on 17 October, the Native Title Registrar registered all six of
the native title agreements. We are currently waiting to see whether any
objections will be lodged with the Federal Court. I suspect there might be but,
hopefully, we can proceed with that sooner rather than later. Similarly, in
respect of Geraldton, an alternative settlement process was started. An offer
was made in August last year to enter into a negotiated alternative settlement
with the traditional owners of the Geraldton region. This covers some 48 000
square kilometres of land and water. When finalised, it will resolve four very
longstanding native title claims. It is proceeding well. The court has given us
a very tight time frame to, hopefully, have the Geraldton alternative
settlement process completed by December 2019.
When we talk about native title, to
be honest, we are talking about Western Australia and, to a lesser extent,
Queensland. As a state, we are progressing very, very well. Now that it is
native title, despite the rocky and hostile start to native title—I
think most people in this place will remember how native title was perceived—it
is now very much an accepted part of the legal landscape and embedded in the
agreement-making processes between government, industry and native title
holders. Between now and Christmas, I look forward to resolving those six
outstanding terminations.
The SPEAKER : That is the end
of question time.
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