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| Register of Native Title Claims | |
|---|---|
| Name | Register of Native Title Claims |
| Type | Legal register |
| Jurisdiction | Australia |
| Established | 1994 |
| Authority | National Native Title Tribunal |
Register of Native Title Claims is an Australian administrative list maintained to record continuing native title claims under the Native Title Act 1993 and to provide public notice about claims affecting land and waters. The register intersects with institutions such as the National Native Title Tribunal, the Federal Court of Australia, the Australian Human Rights Commission, and agencies like the Department of the Prime Minister and Cabinet and the Attorney-General's Department. It is central to processes involving bodies such as the Aboriginal and Torres Strait Islander Commission, the Land Councils including the Northern Land Council and the Central Land Council, as well as Aboriginal organisations like Anangu Pitjantjatjara Yankunytjatjara and Torres Strait Islander communities.
The register was created following the landmark decision in Mabo v Queensland (No 2) and implementation of the Native Title Act 1993, linked to judgments from the High Court of Australia and proceedings in the Federal Court of Australia and the Full Court of the Federal Court of Australia. It records claims lodged with the National Native Title Tribunal and informs stakeholders including state and territory authorities such as the New South Wales Government, the Victorian Government, the Queensland Government, the Western Australian Government, the South Australian Government, the Tasmanian Government, the Australian Capital Territory Government, and the Northern Territory Government. The register operates alongside instruments like the Indigenous Land Corporation, the Aboriginal Benefits Trust, and native title agreements negotiated with resource companies such as Rio Tinto, BHP, Fortescue Metals Group, and Woodside Petroleum.
The register functions under the statutory scheme of the Native Title Act 1993 and is shaped by jurisprudence from the High Court of Australia, including cases like Wik Peoples v Queensland, Yorta Yorta Aboriginal Community v Victoria, and Western Australia v Ward. Administrative rules are governed by the National Native Title Tribunal Act 1993 and procedures influenced by decisions of the Full Federal Court and the Family Court of Australia where relevant. The register's purpose includes providing notice under principles reflected in agreements such as the Indigenous Land Use Agreement framework, informing parties to future dealings involving the Commonwealth of Australia and state lands, and supporting litigation management for claimants represented by organisations like Legal Aid NSW, Aboriginal Legal Service (NSW/ACT), Central Australian Aboriginal Legal Aid Service, and law firms appearing in native title matters.
Claims eligible for entry on the register are those lodged in accordance with requirements set out in the Native Title Act 1993 and are assessed by the National Native Title Tribunal for compliance with procedural and evidentiary thresholds. Claimant groups often represented by entities such as the Central Land Council, Northern Land Council, Aboriginal Legal Service of Western Australia, and community councils including Yamatji Marlpa Aboriginal Corporation and Tiwi Land Council must satisfy criteria derived from precedents like Members of the Yorta Yorta Aboriginal Community v Victoria. The process interacts with administrative instruments from the Australian Electoral Commission for membership rolls, the Geoscience Australia cadastral layers, and registries held by state bodies like Landgate (Western Australia) and Land Titles Office (Tasmania). Stakeholders including mining proponents such as South32, Newmont Corporation, and pastoral interests receive notification, and Native Title Representative Bodies coordinate claims with cultural custodians from groups including Noongar, Wiradjuri, Arrernte, Gunggari, Gunditjmara, Dieri, Gamilaraay, and Yolngu.
Registration confers procedural rights including the right to negotiate under the future act regime established by the Native Title Act 1993 and jurisprudence like Western Australia v Commonwealth-related principles and decisions in Northern Territory of Australia v Arnhem Land Aboriginal Land Trust contexts. Registered claims generate procedural protections for third parties such as corporations like Chevron, ExxonMobil, and Shell when engaging in resource approvals under state regimes administered by bodies like the Western Australian Planning Commission and the Queensland Department of Natural Resources. Registration does not itself determine substantive native title rights as adjudicated by the Federal Court of Australia or resolved by consent determinations exemplified by settlements with parties including the Gunaikurnai Land and Waters Aboriginal Corporation and the Gunaikurnai People.
The National Native Title Tribunal and the Federal Court of Australia have powers to review, amend, or remove entries for non-compliance, fraud, or where procedural defects exist, consistent with statutory provisions in the Native Title Act 1993 and guidance from cases such as Sanders v Minister for Land. Administrative reviews may involve coordination with state land registries like Land Victoria and federal agencies including the Australian Public Service components responsible for Indigenous policy. Claim groups may amend claims through legal representatives from organisations such as MinterEllison, King & Wood Mallesons, and community legal centres including Aboriginal Legal Services (NT), with oversight by judicial bodies like the High Court of Australia where appeals arise.
The register has recorded numerous high-profile claims associated with regions and peoples such as Torres Strait Islands, Cape York Peninsula, Pilbara, Kimberley, Gulf of Carpentaria, Barkly Tableland, Finniss River, Kintore, Barunga, and Anindilyakwa. Notable claimants and determinations involve parties like the Ngarrindjeri, Kukatja, Bardi Jawi, Yindjibarndi, Ngarinyin, Kaurna, Narungga, Palawa, Tiwi, Gunditjmara, Bundjalung, Kabi Kabi, Yamatji, Wik, Murruŋga, Gunggari, Gamilaraay, Wiradjuri, Arrernte, Noongar and corporate respondents including Fortescue Metals Group, Rio Tinto, BHP, and government bodies such as the Northern Territory Government and Queensland Government. National statistics compiled by the National Native Title Tribunal and analyses by the Australian Institute of Aboriginal and Torres Strait Islander Studies and the Australian Bureau of Statistics inform policy and negotiations.
The register has attracted critique from indigenous advocacy groups including the Aboriginal and Torres Strait Islander Commission, academic commentators at institutions like the Australian National University, the University of Sydney, the University of Melbourne, and the University of Western Australia, and legal scholars referencing cases such as Yarmirr and Tasmanian Dam Case precedents. Controversies involve interactions with resource corporations such as BHP, Rio Tinto, and Woodside Petroleum, disputes with state governments including Western Australian Government mining approvals, concerns raised by organisations like Amnesty International and the Public Interest Advocacy Centre, and debates in parliament involving members from the Australian Labor Party, the Liberal Party of Australia, the National Party of Australia, and the Greens.
Category:Australian native title