❓ Question on Notice regarding native title co-operative planning agreements, mediation, and government policy, with responses detailing staff involvement, guidelines, and relationships with various land councils.
AnsweredQoN 330Legislative Assembly
QuestionView source ↗
330. Ms ANWYL to the Premier:
I refer to your brief ministerial statement of 29 June 2000 and ask -
(a) what is the detail of the co-operative planning agreement;
(b) what Government staff have been involved in negotiating this and what hours and dates have they spent on it;
(c) is the Government engaged in mediation of claims in this region;
(d) which other regions have active engagement of the Government in mediation where there is -
(i) national native title tribunal litigation on foot; and
(ii) any other form of mediation;
(e) what is the basis for considering each native title claim systematically;
(f) what is the Governments policy on evidence required to justify individual native title claims;
(g) which other land councils have approached the State to improve joint native title management and when; and
(h) which other land councils have adopted a more divisive and unrealistic approach to native title and when?
I refer to your brief ministerial statement of 29 June 2000 and ask -
(a) what is the detail of the co-operative planning agreement;
(b) what Government staff have been involved in negotiating this and what hours and dates have they spent on it;
(c) is the Government engaged in mediation of claims in this region;
(d) which other regions have active engagement of the Government in mediation where there is -
(i) national native title tribunal litigation on foot; and
(ii) any other form of mediation;
(e) what is the basis for considering each native title claim systematically;
(f) what is the Governments policy on evidence required to justify individual native title claims;
(g) which other land councils have approached the State to improve joint native title management and when; and
(h) which other land councils have adopted a more divisive and unrealistic approach to native title and when?
AnswerView source ↗
Answered
10 October 2000
Response time
62 days
The Minister Replied:
(a) A copy of the agreement can be tabled.
(b) Staff from the Native Title and Strategic Issues Division of the Ministry of the Premier and Cabinet have been involved in negotiating this agreement. The Ministry does not keep records of hours spent by its staff on each project or task.
(c) Yes.
(d) (i) The Government has offered to mediate in relation to a number of claims in the Kimberley region which are either currently subject to litigation or where litigation is proposed.
(ii) The Government has also offered to mediate in relation to other claims in the Kimberley and Desert regions.
(e) The Government issued General Guidelines for Native Title Determinations and Agreements in March 2000.
(f) The Government's policy is set out in the General Guidelines.
(g) The State Government has a constructive relationship and dialogue with the Yamatji Land and Sea Council and the Ngaanyatjarra Land Council. These Councils have coverage of approximately half of the State. Additionally, representatives of the Ministry of the Premier and Cabinet met with John Hoare and Greg McIntyre representing the Noongar Land Council to discuss improved joint management of native title. Mr Hoare (formerly Executive Director of the Noongar Land Council) is no longer employed by the Land Council and there has been no further discussion.
(h) The Kimberley Land Council and the Goldfields Land Council generally have been unwilling to develop what could be a more constructive relationship with Government. This includes matters relating to acceptance of the State's General Guidelines for Native Title Determinations and Agreements which are designed to meet accountability requirements properly expected of Government. There has also been a reluctance by the Kimberley Land Council to enter into mediation or negotiation in relation to a number of claims on a reasonable basis. The demands made by the Kimberley Land Council in respect of negotiations are often excessive. Additionally, there has been an unwillingness on behalf of the Goldfields Land Council to accept the need to utilise the Native Title Act processes in a timely manner in order to provide certainty for parties, particularly in relation to future acts.
(a) A copy of the agreement can be tabled.
(b) Staff from the Native Title and Strategic Issues Division of the Ministry of the Premier and Cabinet have been involved in negotiating this agreement. The Ministry does not keep records of hours spent by its staff on each project or task.
(c) Yes.
(d) (i) The Government has offered to mediate in relation to a number of claims in the Kimberley region which are either currently subject to litigation or where litigation is proposed.
(ii) The Government has also offered to mediate in relation to other claims in the Kimberley and Desert regions.
(e) The Government issued General Guidelines for Native Title Determinations and Agreements in March 2000.
(f) The Government's policy is set out in the General Guidelines.
(g) The State Government has a constructive relationship and dialogue with the Yamatji Land and Sea Council and the Ngaanyatjarra Land Council. These Councils have coverage of approximately half of the State. Additionally, representatives of the Ministry of the Premier and Cabinet met with John Hoare and Greg McIntyre representing the Noongar Land Council to discuss improved joint management of native title. Mr Hoare (formerly Executive Director of the Noongar Land Council) is no longer employed by the Land Council and there has been no further discussion.
(h) The Kimberley Land Council and the Goldfields Land Council generally have been unwilling to develop what could be a more constructive relationship with Government. This includes matters relating to acceptance of the State's General Guidelines for Native Title Determinations and Agreements which are designed to meet accountability requirements properly expected of Government. There has also been a reluctance by the Kimberley Land Council to enter into mediation or negotiation in relation to a number of claims on a reasonable basis. The demands made by the Kimberley Land Council in respect of negotiations are often excessive. Additionally, there has been an unwillingness on behalf of the Goldfields Land Council to accept the need to utilise the Native Title Act processes in a timely manner in order to provide certainty for parties, particularly in relation to future acts.
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