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STATEMENT BY THE PRIME MINISTER, THE HON P J KEATING, MP
I have today written to the Premiers and Chief Ministers informing them of how
the Commonwealth Is proceeding on the Mabo Issue.
We are proposing Commonwealth legislation which will provide the framework
for certainty In land management and a just and workable approach towards
native title. I have Invited the Premiers and Chief Ministers to co-operate. A
complementary Commonwealth State approach remains our preferred
course. I am prepared to consult on the proposed legislation bilaterally with
Premiers/ Chief Ministers who have accepted the fundamental premises that
native title is a reality which must be recognised, Identified and dealt with justly,
and that the objective Is a national approach, not fragmentation across the
country. Consultation will also continue at officials level.
CANBERRA 18 JUNE 1993 g 4
TEL: PRIME MINISTER CAN0EUR1RA
18 JUN 1993
My dear Premier
Since our discussions at COAG, I have naturally given thought to how we
should proceed on the Mabo issue.
It has long been clear and I think that there is no disagreement about this
that legislation will be required to deliver certainty and fairness in terms
of land management.
It remains my firm view that thc resolution of the Mabo issue is a national
imperative and that we should be striving for a coherent approach across
Australia. Thus I favour a legislative approach which integrates State and
Territory responsibili ties for land management with Commonwealth
responsibilities for setting a framework of standards and principles. You
will recall that the various documents which were put on the table at
COAG referred to a " national" legislative framework and that, in the final
event, I referred explicitly to Commonwealth legislation.
Accordingly, the Commonwealth will now focus on developing draft
legislation, while continuing to address the wider Mabo issues.
Notwithstanding some of the obviously strong disagreement ' s at
Melbourne, we will be taking into account views expressed and progress
made there. j~ 4. i
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We will fulfil our responsibilities to set a framework which recognises the
need for just treatment of native title, workable ways of managing land
throughout Australia, and the wellbeing of the economy.
But we continue to seek, if possible, a complementary approach with the
States and Territories. State and Territory law, processes and institutions
would apply if they measure up to the requirements established in the
Commonwealth bill.
In essence, the following are the main matters the Bill will cover
recognition, protection and appropriate ways of dealing with
native title
provisions to facilitate the validation of existing grants
principles or bench marks for future dealings in land which
impact on native title
establishment of Tribunals for the registration of claims, and
for their determination
parameters in relation to compensation.
I am preparcd to consult on the proposed legislation. My preferred
outcome is to achieve a solid package, in co-operation. By the same
token, individual jurisdictions will do the national interest rno service with
attempts to go it alone.
Suggestions have been made for a further discussion at the Premiers'
Conference in early July. I think it is hard to judge at this stage whether it
w6uld be fruitful to list the item on the conference agenda.
I have askcd Commonwealth officials to meet with State counterparts to
see what common ground can be reached and to help inform the
preparation of our draft bill.
I am myself prepared to talk bilaterally to Premiers/ Chief Ministers over
the next couple of weeks provided the fundamental premises are accepted
that * native title is a reality which must be recogniscd, identified and dealt
with justly; and q.
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the objective is a national approach, not fragmentation of the
approach across the country.
We can then, I suggest, judge closer to the event whether it would be useful
to aim for afirther formal discussion of Mabo.
urs sincee ly
P J KEAT N ' ti. 2.
4.
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