TEL: 16. Mar. 95 14: 4 No. 013 F. 01/ 03
F PRIME MINISTER I'
STATEMENT BY THE PRIME MINISTER, THE HON PJ KEATING MP
HIGH COURT DECISION ON THE CHALLENGE TO THE NATIVE TITLE ACT
The High Court has upheld the validity and legitimacy of the Native Title Act,
one of the most far reaching pieces of legislation enacted since Federation.
In doing so it has endorsed this Government's approach to recognising and
protecting native title, while ensuring that workable processes exist for land
management across every state and territory,
The High Court has delivered a clear rebuff to the approach adopted by the
Western Australian Government.
Premier Court attempted to extinguish inherent rights and replace them with
statutory rights which were much more vulnerable to interference and
extinguishment by Governments than the property rights held by other
Australians. The WA Government now has no choice but to fall into line and accept that
the High Court in Mabo recognised the existence of a new set of property
rights; rights which pre-dated the acquisition of sovereignty by the Crown,
and continued in place after that time.
This decision makes it impossible for the Federal Coalition to maintain its
stated opposition to our balanced approach to Native Title Legislation and
policy. It will force John Howard to accept that the Coalition's opposition to
the Native Title Act was wrong and misguided.
Will Mr Howard now repudiate statements made by his predecessor who
threatened to repeal the Native Title Act?
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The Commonwealth is concerned about the uncertainty created by the
Western Australian Government relating to the new titles issued in WA since
1993. Premier Court has deliberately ignored the processes set down in the
Native Title Act and must take ultimate responsibility for the effect of this
decision in Western Australia.
The Commonwealth Government is nevertheless prepared to work with the
Western Australian Government to ensure that issues arising from this
decision can be addressed cooperatively.
Preliminary talks have already been initiated at Ministerial level with the
Court Government.
We will want to ensure that Western Australians are not disadvantaged by
the actions to date of the Court Government but we will not backtrack on the
fundamental principles which are embodied in the Native Title Act.
CAN BERRA
16 MARCH 1995
TEL: J 5M a r .95 14: 40[-
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Key components of the Native Title Act
it recognises and protects native title
it provides a mechanism to establish the existence of native title
it establishes a regime for dealing with future acts which affect native
title it provides a mechanism for states and territories to validate existing
interests with complete certainty
it provides for a ' right to negotiate process' for mining activities on
native title land
it provides for a non-extinguishment principle to apply in certain
circumstances it provides for States and Territories to put in place their own
Tribunals and regulatory regimes providing they adhere to principles
set down in the Native Title Act
it provides for compensation to native title holders whose title is
extinguished as a result of validation.
The Act represents a balancing of interests across the Australian community
but is premised on the fair and equal treatment of Aboriginal people
It will increasingly be recognised that the Australian people, in enacting this
landmark legislation, have effected an extraordinary achievement.
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