❓ A WA parliamentary question addresses the requirement for proving native title claims after arbitration termination and the selection/payment of Mr. Szabo for a management plan on Burrup non-industrial land. The Minister clarifies the legal requirements and selection process.
AnsweredQoN 1010Legislative Council
QuestionView source ↗
I refer the minister to the answer to question on notice 4 given on 10 June 2003, particularly part (11). (1) Does the answer indicating that the arbitration proceedings before the National Native Title Tribunal have been terminated mean that there is no requirement for the native title claims to be proved according to law? (2) How was Mr Szabo selected and how much will he be paid to prepare the proposed management plan for the non-industrial land of Burrup? Hon TOM STEPHENS
AnswerView source ↗
(1) The termination of the arbitration proceedings does not mean that there is no requirement that the Ngarluma Yindjibarndi, Yaburarra Mardudhunera and Wong-Goo-Tt-Oo native title claims be proven according to law. In order to establish the Burrup and Maitland industrial estates, the State was required by the future act provisions of the commonwealth Native Title Act 1993 to negotiate with the three native title claim groups to reach agreement on the circumstances in which the industrial estates could be established. Had agreement not been reached, the National Native Title Tribunal would have determined, through an arbitration process, whether and in what circumstances the industrial estates could be established. This was not required because agreement was reached through the Burrup and Maitland industrial estates agreement implementation deed - the Burrup agreement. This agreement provides that, if any of the three groups hold native title rights and interests in certain areas that fall within their native title claims, those native title rights and interests can be compulsorily acquired by the State. The Burrup agreement does not determine whether native title rights and interests exist. According to the commonwealth Native Title Act 1993, that issue can be determined only by the Federal Court. Accordingly, each of the three claims, which cover areas broader that those covered by the Burrup agreement, still need to be proved in a separate determination process currently before the Federal Court. (2) The person to be appointed to prepare the management plan for the Burrup non-industrial land was determined through negotiation between the State and the three native title claim groups and written into the Burrup agreement. Mr Szabo, who is highly qualified for the position, was the person selected through this negotiation process. Mr Szabo will presumably be known to Hon Norman Moore as a highly qualified person. Over a period of 18 months Mr Szabo will be paid $150 000 to prepare the management plan.
(1) Does the answer indicating that the arbitration proceedings before the National Native Title Tribunal have been terminated mean that there is no requirement for the native title claims to be proved according to law? (2) How was Mr Szabo selected and how much will he be paid to prepare the proposed management plan for the non-industrial land of Burrup? Hon TOM STEPHENS replied: (1) The termination of the arbitration proceedings does not mean that there is no requirement that the Ngarluma Yindjibarndi, Yaburarra Mardudhunera and Wong-Goo-Tt-Oo native title claims be proven according to law. In order to establish the Burrup and Maitland industrial estates, the State was required by the future act provisions of the commonwealth Native Title Act 1993 to negotiate with the three native title claim groups to reach agreement on the circumstances in which the industrial estates could be established. Had agreement not been reached, the National Native Title Tribunal would have determined, through an arbitration process, whether and in what circumstances the industrial estates could be established. This was not required because agreement was reached through the Burrup and Maitland industrial estates agreement implementation deed - the Burrup agreement. This agreement provides that, if any of the three groups hold native title rights and interests in certain areas that fall within their native title claims, those native title rights and interests can be compulsorily acquired by the State. The Burrup agreement does not determine whether native title rights and interests exist. According to the commonwealth Native Title Act 1993, that issue can be determined only by the Federal Court. Accordingly, each of the three claims, which cover areas broader that those covered by the Burrup agreement, still need to be proved in a separate determination process currently before the Federal Court. (2) The person to be appointed to prepare the management plan for the Burrup non-industrial land was determined through negotiation between the State and the three native title claim groups and written into the Burrup agreement. Mr Szabo, who is highly qualified for the position, was the person selected through this negotiation process. Mr Szabo will presumably be known to Hon Norman Moore as a highly qualified person. Over a period of 18 months Mr Szabo will be paid $150 000 to prepare the management plan.
(2) How was Mr Szabo selected and how much will he be paid to prepare the proposed management plan for the non-industrial land of Burrup? Hon TOM STEPHENS replied: (1) The termination of the arbitration proceedings does not mean that there is no requirement that the Ngarluma Yindjibarndi, Yaburarra Mardudhunera and Wong-Goo-Tt-Oo native title claims be proven according to law. In order to establish the Burrup and Maitland industrial estates, the State was required by the future act provisions of the commonwealth Native Title Act 1993 to negotiate with the three native title claim groups to reach agreement on the circumstances in which the industrial estates could be established. Had agreement not been reached, the National Native Title Tribunal would have determined, through an arbitration process, whether and in what circumstances the industrial estates could be established. This was not required because agreement was reached through the Burrup and Maitland industrial estates agreement implementation deed - the Burrup agreement. This agreement provides that, if any of the three groups hold native title rights and interests in certain areas that fall within their native title claims, those native title rights and interests can be compulsorily acquired by the State. The Burrup agreement does not determine whether native title rights and interests exist. According to the commonwealth Native Title Act 1993, that issue can be determined only by the Federal Court. Accordingly, each of the three claims, which cover areas broader that those covered by the Burrup agreement, still need to be proved in a separate determination process currently before the Federal Court. (2) The person to be appointed to prepare the management plan for the Burrup non-industrial land was determined through negotiation between the State and the three native title claim groups and written into the Burrup agreement. Mr Szabo, who is highly qualified for the position, was the person selected through this negotiation process. Mr Szabo will presumably be known to Hon Norman Moore as a highly qualified person. Over a period of 18 months Mr Szabo will be paid $150 000 to prepare the management plan.
Hon TOM STEPHENS replied: (1) The termination of the arbitration proceedings does not mean that there is no requirement that the Ngarluma Yindjibarndi, Yaburarra Mardudhunera and Wong-Goo-Tt-Oo native title claims be proven according to law. In order to establish the Burrup and Maitland industrial estates, the State was required by the future act provisions of the commonwealth Native Title Act 1993 to negotiate with the three native title claim groups to reach agreement on the circumstances in which the industrial estates could be established. Had agreement not been reached, the National Native Title Tribunal would have determined, through an arbitration process, whether and in what circumstances the industrial estates could be established. This was not required because agreement was reached through the Burrup and Maitland industrial estates agreement implementation deed - the Burrup agreement. This agreement provides that, if any of the three groups hold native title rights and interests in certain areas that fall within their native title claims, those native title rights and interests can be compulsorily acquired by the State. The Burrup agreement does not determine whether native title rights and interests exist. According to the commonwealth Native Title Act 1993, that issue can be determined only by the Federal Court. Accordingly, each of the three claims, which cover areas broader that those covered by the Burrup agreement, still need to be proved in a separate determination process currently before the Federal Court. (2) The person to be appointed to prepare the management plan for the Burrup non-industrial land was determined through negotiation between the State and the three native title claim groups and written into the Burrup agreement. Mr Szabo, who is highly qualified for the position, was the person selected through this negotiation process. Mr Szabo will presumably be known to Hon Norman Moore as a highly qualified person. Over a period of 18 months Mr Szabo will be paid $150 000 to prepare the management plan.
(1) The termination of the arbitration proceedings does not mean that there is no requirement that the Ngarluma Yindjibarndi, Yaburarra Mardudhunera and Wong-Goo-Tt-Oo native title claims be proven according to law. In order to establish the Burrup and Maitland industrial estates, the State was required by the future act provisions of the commonwealth Native Title Act 1993 to negotiate with the three native title claim groups to reach agreement on the circumstances in which the industrial estates could be established. Had agreement not been reached, the National Native Title Tribunal would have determined, through an arbitration process, whether and in what circumstances the industrial estates could be established. This was not required because agreement was reached through the Burrup and Maitland industrial estates agreement implementation deed - the Burrup agreement. This agreement provides that, if any of the three groups hold native title rights and interests in certain areas that fall within their native title claims, those native title rights and interests can be compulsorily acquired by the State. The Burrup agreement does not determine whether native title rights and interests exist. According to the commonwealth Native Title Act 1993, that issue can be determined only by the Federal Court. Accordingly, each of the three claims, which cover areas broader that those covered by the Burrup agreement, still need to be proved in a separate determination process currently before the Federal Court. (2) The person to be appointed to prepare the management plan for the Burrup non-industrial land was determined through negotiation between the State and the three native title claim groups and written into the Burrup agreement. Mr Szabo, who is highly qualified for the position, was the person selected through this negotiation process. Mr Szabo will presumably be known to Hon Norman Moore as a highly qualified person. Over a period of 18 months Mr Szabo will be paid $150 000 to prepare the management plan.
(2) The person to be appointed to prepare the management plan for the Burrup non-industrial land was determined through negotiation between the State and the three native title claim groups and written into the Burrup agreement. Mr Szabo, who is highly qualified for the position, was the person selected through this negotiation process. Mr Szabo will presumably be known to Hon Norman Moore as a highly qualified person. Over a period of 18 months Mr Szabo will be paid $150 000 to prepare the management plan.
(1) Does the answer indicating that the arbitration proceedings before the National Native Title Tribunal have been terminated mean that there is no requirement for the native title claims to be proved according to law? (2) How was Mr Szabo selected and how much will he be paid to prepare the proposed management plan for the non-industrial land of Burrup? Hon TOM STEPHENS replied: (1) The termination of the arbitration proceedings does not mean that there is no requirement that the Ngarluma Yindjibarndi, Yaburarra Mardudhunera and Wong-Goo-Tt-Oo native title claims be proven according to law. In order to establish the Burrup and Maitland industrial estates, the State was required by the future act provisions of the commonwealth Native Title Act 1993 to negotiate with the three native title claim groups to reach agreement on the circumstances in which the industrial estates could be established. Had agreement not been reached, the National Native Title Tribunal would have determined, through an arbitration process, whether and in what circumstances the industrial estates could be established. This was not required because agreement was reached through the Burrup and Maitland industrial estates agreement implementation deed - the Burrup agreement. This agreement provides that, if any of the three groups hold native title rights and interests in certain areas that fall within their native title claims, those native title rights and interests can be compulsorily acquired by the State. The Burrup agreement does not determine whether native title rights and interests exist. According to the commonwealth Native Title Act 1993, that issue can be determined only by the Federal Court. Accordingly, each of the three claims, which cover areas broader that those covered by the Burrup agreement, still need to be proved in a separate determination process currently before the Federal Court. (2) The person to be appointed to prepare the management plan for the Burrup non-industrial land was determined through negotiation between the State and the three native title claim groups and written into the Burrup agreement. Mr Szabo, who is highly qualified for the position, was the person selected through this negotiation process. Mr Szabo will presumably be known to Hon Norman Moore as a highly qualified person. Over a period of 18 months Mr Szabo will be paid $150 000 to prepare the management plan.
(2) How was Mr Szabo selected and how much will he be paid to prepare the proposed management plan for the non-industrial land of Burrup? Hon TOM STEPHENS replied: (1) The termination of the arbitration proceedings does not mean that there is no requirement that the Ngarluma Yindjibarndi, Yaburarra Mardudhunera and Wong-Goo-Tt-Oo native title claims be proven according to law. In order to establish the Burrup and Maitland industrial estates, the State was required by the future act provisions of the commonwealth Native Title Act 1993 to negotiate with the three native title claim groups to reach agreement on the circumstances in which the industrial estates could be established. Had agreement not been reached, the National Native Title Tribunal would have determined, through an arbitration process, whether and in what circumstances the industrial estates could be established. This was not required because agreement was reached through the Burrup and Maitland industrial estates agreement implementation deed - the Burrup agreement. This agreement provides that, if any of the three groups hold native title rights and interests in certain areas that fall within their native title claims, those native title rights and interests can be compulsorily acquired by the State. The Burrup agreement does not determine whether native title rights and interests exist. According to the commonwealth Native Title Act 1993, that issue can be determined only by the Federal Court. Accordingly, each of the three claims, which cover areas broader that those covered by the Burrup agreement, still need to be proved in a separate determination process currently before the Federal Court. (2) The person to be appointed to prepare the management plan for the Burrup non-industrial land was determined through negotiation between the State and the three native title claim groups and written into the Burrup agreement. Mr Szabo, who is highly qualified for the position, was the person selected through this negotiation process. Mr Szabo will presumably be known to Hon Norman Moore as a highly qualified person. Over a period of 18 months Mr Szabo will be paid $150 000 to prepare the management plan.
Hon TOM STEPHENS replied: (1) The termination of the arbitration proceedings does not mean that there is no requirement that the Ngarluma Yindjibarndi, Yaburarra Mardudhunera and Wong-Goo-Tt-Oo native title claims be proven according to law. In order to establish the Burrup and Maitland industrial estates, the State was required by the future act provisions of the commonwealth Native Title Act 1993 to negotiate with the three native title claim groups to reach agreement on the circumstances in which the industrial estates could be established. Had agreement not been reached, the National Native Title Tribunal would have determined, through an arbitration process, whether and in what circumstances the industrial estates could be established. This was not required because agreement was reached through the Burrup and Maitland industrial estates agreement implementation deed - the Burrup agreement. This agreement provides that, if any of the three groups hold native title rights and interests in certain areas that fall within their native title claims, those native title rights and interests can be compulsorily acquired by the State. The Burrup agreement does not determine whether native title rights and interests exist. According to the commonwealth Native Title Act 1993, that issue can be determined only by the Federal Court. Accordingly, each of the three claims, which cover areas broader that those covered by the Burrup agreement, still need to be proved in a separate determination process currently before the Federal Court. (2) The person to be appointed to prepare the management plan for the Burrup non-industrial land was determined through negotiation between the State and the three native title claim groups and written into the Burrup agreement. Mr Szabo, who is highly qualified for the position, was the person selected through this negotiation process. Mr Szabo will presumably be known to Hon Norman Moore as a highly qualified person. Over a period of 18 months Mr Szabo will be paid $150 000 to prepare the management plan.
(1) The termination of the arbitration proceedings does not mean that there is no requirement that the Ngarluma Yindjibarndi, Yaburarra Mardudhunera and Wong-Goo-Tt-Oo native title claims be proven according to law. In order to establish the Burrup and Maitland industrial estates, the State was required by the future act provisions of the commonwealth Native Title Act 1993 to negotiate with the three native title claim groups to reach agreement on the circumstances in which the industrial estates could be established. Had agreement not been reached, the National Native Title Tribunal would have determined, through an arbitration process, whether and in what circumstances the industrial estates could be established. This was not required because agreement was reached through the Burrup and Maitland industrial estates agreement implementation deed - the Burrup agreement. This agreement provides that, if any of the three groups hold native title rights and interests in certain areas that fall within their native title claims, those native title rights and interests can be compulsorily acquired by the State. The Burrup agreement does not determine whether native title rights and interests exist. According to the commonwealth Native Title Act 1993, that issue can be determined only by the Federal Court. Accordingly, each of the three claims, which cover areas broader that those covered by the Burrup agreement, still need to be proved in a separate determination process currently before the Federal Court. (2) The person to be appointed to prepare the management plan for the Burrup non-industrial land was determined through negotiation between the State and the three native title claim groups and written into the Burrup agreement. Mr Szabo, who is highly qualified for the position, was the person selected through this negotiation process. Mr Szabo will presumably be known to Hon Norman Moore as a highly qualified person. Over a period of 18 months Mr Szabo will be paid $150 000 to prepare the management plan.
(2) The person to be appointed to prepare the management plan for the Burrup non-industrial land was determined through negotiation between the State and the three native title claim groups and written into the Burrup agreement. Mr Szabo, who is highly qualified for the position, was the person selected through this negotiation process. Mr Szabo will presumably be known to Hon Norman Moore as a highly qualified person. Over a period of 18 months Mr Szabo will be paid $150 000 to prepare the management plan.
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