❓ Hon. Norman Moore questions the Premier regarding the Technical Taskforce on Mineral Tenements and Land Title Applications, focusing on native title agreements, signature requirements, and potential legislative amendments to the Native Title Act.
AnsweredQoN 413Legislative Council
QuestionView source ↗
I refer to the report of the Technical Taskforce on Mineral Tenements and Land Title Applications, and ask -
(1) Has the Government obtained legal advice on the recommendation that the execution of State deeds involving native title agreements need not carry signatures of all native title claimants, given the contractual nature of such agreements?
(2) Is the Government confident, on the basis of legal advice, that native title agreements without the signatures of all native title claimants will withstand future challenges by those native title claimants or holders who do not sign agreements?
(3) Is the Premier satisfied of the need for a departure from standard contractual signature requirements for State deeds on the basis of supposed difficulties finding claimants to sign agreements when the same claimants are readily found to sign native title applications?
(4) Has the Government approached the Commonwealth Government to request amendments to the
Native Title Act
to facilitate the Taskforce recommendations on deferral of right to negotiate over mining lease applications until the Notice of Intention to commence productive mining is lodged?
(5) Since the deferral of right to negotiate is a critical issue in the recommendations over mining lease grants, will the Government guarantee that no current mining or exploration lease applicants will be forced to withdraw current applications until the Government is certain of the Commonwealth’s willingness to make the necessary changes to enable the implementation of the relevant recommendations?
(6) Will the Premier guarantee that this Government will not force industry, and taxpayers through the Government, to pay for compensation and other benefits to native title claimants without the need for the existence of native title to be proven?
(1) Has the Government obtained legal advice on the recommendation that the execution of State deeds involving native title agreements need not carry signatures of all native title claimants, given the contractual nature of such agreements?
(2) Is the Government confident, on the basis of legal advice, that native title agreements without the signatures of all native title claimants will withstand future challenges by those native title claimants or holders who do not sign agreements?
(3) Is the Premier satisfied of the need for a departure from standard contractual signature requirements for State deeds on the basis of supposed difficulties finding claimants to sign agreements when the same claimants are readily found to sign native title applications?
(4) Has the Government approached the Commonwealth Government to request amendments to the
Native Title Act
to facilitate the Taskforce recommendations on deferral of right to negotiate over mining lease applications until the Notice of Intention to commence productive mining is lodged?
(5) Since the deferral of right to negotiate is a critical issue in the recommendations over mining lease grants, will the Government guarantee that no current mining or exploration lease applicants will be forced to withdraw current applications until the Government is certain of the Commonwealth’s willingness to make the necessary changes to enable the implementation of the relevant recommendations?
(6) Will the Premier guarantee that this Government will not force industry, and taxpayers through the Government, to pay for compensation and other benefits to native title claimants without the need for the existence of native title to be proven?
AnswerView source ↗
Answered
20 March 2002
Responded by
Leader of the House representing the Premier
Response time
27 days
The Government has previously obtained legal advice to the effect that a State Deed that is signed by all the registered native title claimants (as opposed to every claimant) would withstand future challenges by those members of the native claimant group who did not sign the State Deed. (2) As set out above, the Government is confident that State Deeds that are signed by all the registered native title claimants (as opposed to every claimant) would withstand future challenges by those native title holders or claimants who do not sign agreements. (3) No. (4) Staff of the Office of Native Title have had informal discussions with Commonwealth officers on this matter. (5) Yes. (6) Compensation is not payable for the acquisition of native title rights and interests unless a determination of native title has been made. In exceptional circumstances (i.e. those projects that will generate substantial benefits to the State of Western Australia) the Government may pay other benefits to registered native title claimants on behalf of the claimant group prior to a determination of native title in favour of that claimant group. Payments to registered native title claimants prior to a determination of native title is consistent with industry practice.
(2) As set out above, the Government is confident that State Deeds that are signed by all the registered native title claimants (as opposed to every claimant) would withstand future challenges by those native title holders or claimants who do not sign agreements. (3) No. (4) Staff of the Office of Native Title have had informal discussions with Commonwealth officers on this matter. (5) Yes. (6) Compensation is not payable for the acquisition of native title rights and interests unless a determination of native title has been made. In exceptional circumstances (i.e. those projects that will generate substantial benefits to the State of Western Australia) the Government may pay other benefits to registered native title claimants on behalf of the claimant group prior to a determination of native title in favour of that claimant group. Payments to registered native title claimants prior to a determination of native title is consistent with industry practice.
(3) No. (4) Staff of the Office of Native Title have had informal discussions with Commonwealth officers on this matter. (5) Yes. (6) Compensation is not payable for the acquisition of native title rights and interests unless a determination of native title has been made. In exceptional circumstances (i.e. those projects that will generate substantial benefits to the State of Western Australia) the Government may pay other benefits to registered native title claimants on behalf of the claimant group prior to a determination of native title in favour of that claimant group. Payments to registered native title claimants prior to a determination of native title is consistent with industry practice.
(4) Staff of the Office of Native Title have had informal discussions with Commonwealth officers on this matter. (5) Yes. (6) Compensation is not payable for the acquisition of native title rights and interests unless a determination of native title has been made. In exceptional circumstances (i.e. those projects that will generate substantial benefits to the State of Western Australia) the Government may pay other benefits to registered native title claimants on behalf of the claimant group prior to a determination of native title in favour of that claimant group. Payments to registered native title claimants prior to a determination of native title is consistent with industry practice.
(5) Yes. (6) Compensation is not payable for the acquisition of native title rights and interests unless a determination of native title has been made. In exceptional circumstances (i.e. those projects that will generate substantial benefits to the State of Western Australia) the Government may pay other benefits to registered native title claimants on behalf of the claimant group prior to a determination of native title in favour of that claimant group. Payments to registered native title claimants prior to a determination of native title is consistent with industry practice.
(6) Compensation is not payable for the acquisition of native title rights and interests unless a determination of native title has been made. In exceptional circumstances (i.e. those projects that will generate substantial benefits to the State of Western Australia) the Government may pay other benefits to registered native title claimants on behalf of the claimant group prior to a determination of native title in favour of that claimant group. Payments to registered native title claimants prior to a determination of native title is consistent with industry practice.
(2) As set out above, the Government is confident that State Deeds that are signed by all the registered native title claimants (as opposed to every claimant) would withstand future challenges by those native title holders or claimants who do not sign agreements. (3) No. (4) Staff of the Office of Native Title have had informal discussions with Commonwealth officers on this matter. (5) Yes. (6) Compensation is not payable for the acquisition of native title rights and interests unless a determination of native title has been made. In exceptional circumstances (i.e. those projects that will generate substantial benefits to the State of Western Australia) the Government may pay other benefits to registered native title claimants on behalf of the claimant group prior to a determination of native title in favour of that claimant group. Payments to registered native title claimants prior to a determination of native title is consistent with industry practice.
(3) No. (4) Staff of the Office of Native Title have had informal discussions with Commonwealth officers on this matter. (5) Yes. (6) Compensation is not payable for the acquisition of native title rights and interests unless a determination of native title has been made. In exceptional circumstances (i.e. those projects that will generate substantial benefits to the State of Western Australia) the Government may pay other benefits to registered native title claimants on behalf of the claimant group prior to a determination of native title in favour of that claimant group. Payments to registered native title claimants prior to a determination of native title is consistent with industry practice.
(4) Staff of the Office of Native Title have had informal discussions with Commonwealth officers on this matter. (5) Yes. (6) Compensation is not payable for the acquisition of native title rights and interests unless a determination of native title has been made. In exceptional circumstances (i.e. those projects that will generate substantial benefits to the State of Western Australia) the Government may pay other benefits to registered native title claimants on behalf of the claimant group prior to a determination of native title in favour of that claimant group. Payments to registered native title claimants prior to a determination of native title is consistent with industry practice.
(5) Yes. (6) Compensation is not payable for the acquisition of native title rights and interests unless a determination of native title has been made. In exceptional circumstances (i.e. those projects that will generate substantial benefits to the State of Western Australia) the Government may pay other benefits to registered native title claimants on behalf of the claimant group prior to a determination of native title in favour of that claimant group. Payments to registered native title claimants prior to a determination of native title is consistent with industry practice.
(6) Compensation is not payable for the acquisition of native title rights and interests unless a determination of native title has been made. In exceptional circumstances (i.e. those projects that will generate substantial benefits to the State of Western Australia) the Government may pay other benefits to registered native title claimants on behalf of the claimant group prior to a determination of native title in favour of that claimant group. Payments to registered native title claimants prior to a determination of native title is consistent with industry practice.
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