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PRIME MINISTER
STATEMENT BY THE PRIME MINISTER, THE HON P. J. KEATING MP
NATIVE TITLE ACT AMENDMENT
The Government has considered the possible impact on the Native Title Act
1993 of the High Court's decision in the Brandy case.
The process in the Native Title Act for the registration and enforcement of
agreed or unopposed determinations made by the National Native Title
Tribunal is similar to the registration and enforcement scheme under the
Racial Discrimination Act 1975. The RDA scheme was held by the High Court
in Brandy to be invalid, as it vested Commonwealth judicial power in a body
other than a court.
The Government has decided to ensure the validity of the Native Title Act
scheme by amending the Act so that native title claims are commenced and
formally determined in the Federal Court. Details of the proposals are being
sent to indigenous groups, industry groups, State and Territory Governments
and other stakeholders and there will be an opportunity for meetings on the
proposals. We will not be making wholesale changes to the Native Title Act.
The proposed amendments are of a technical nature, dealing with the way in
which claims are made and determined. There will be no shift away from the
principles of recognition and protection of native title enshrined in the Act and
the amendments will reflect the current balance of interests.
The Government intends to introduce a Bill for the proposed amendments
into Parliament later in the current Parliamentary Sittings.
CANBERRA 1 SEPTEMBER 1995