PRIME MINISTER 114/ 92
STATEMENT BY THE PRIME MINISTER THE HON PJ. ] KEATING MP,
GOVERNMENT RESPONSE TO HIGH COURT DECISION ON NATIVE Trl'L&;
I am pleased to announce the first step in the Commonwealth Government response to the
High Court's decision on native title, known as the Mabo decision.
The Government has today initiated consultations with State and Territory governments,
key Aboriginal and Torres Strait Islander organisations and the mining and pastoral
industres on teificTifons of the High Court's decision. The consultations will be
directed by a committee of Ministers, chaired by me, and will be led at officials level by a
senior officer in my Department.
The first round of consultations will be completed before the end of the y= a. A progress
report will be considered by the Government before March, 1993 and a final report by
September, 1993. The Government will also encourage negotiation between partics as a
way of resolving differences. Where it seems the Government could usefully facilitate
such negotiation, it will do so.
The High Court's historic decision is a threshold and positive one for the nation. By
rejecting the doctrine of terra nullius, the Court has providcd a new basis for relations
between indigenous and other Australians and given impetus to the process of
reconciliation. It providcs both an opportunity and a challenge.
The nation now has thc opportunity to address the fundamental issue of the place of
Aboriginal traditional land ownershp and indeed the place of Aboriginal and Torres Strait
Islander peoples in contemporary Australia. There is also the challenge to get it right, for
the benefit of all Australians, including the generations of the future.
It is important to rccognige that existing legal rights in relation to property continue, and it
is wrong to see the High Court's decision In terms of existing land holders losing their
land. However, the decision introduces a new element into Australian land tenure, in the
form of native title, and thereby creates a need for clarity in the definition and application
of native title rights, especially in relation to other interests in land.
The Court's judgement is complex, and its implications are equally complex. We need to
consider the implications carefully, but as quickly as possible. Before deciding on the
right long term approach it is essential that we first consult all the governments. of
Australia, key Aboriginal and Torrcs Strait Islander representatives, especially through the
Aboriginal and Torres Strait Islander Commission, and industry groups, in order to discuss
possible policy responses. This is the most sensible and constructive national approach.
The Commonwealth Government seeks a balance which protects Aboriginal and Torres
Strait Islander rights and gives benefits to all Australians. Both indigenous groups and the
pastoral and resource sectors are seeking clarity, certainty and a constructive resolution.
Consultation is the first step in that process.
CANBERRA October 27, 1992