Australian Local Government Association

Issues papers

Issues paper No.1

August 2000: Adopting a precautionary approach

One of the misconceptions surrounding native title is that it only arises in an area if there is a native title claim or determination. Nothing could be further from the truth.

Issues paper No.2

November 1999: Financial assistance by the Attorney-General in Native Title cases

Under the Native Title Act 1993 (Cth), the Commonwealth Attorney-General is able to grant financial assistance to persons and/or organisations involved in responding to applications for a determination of native title. This includes Local Government. As a consequence of the amendments to the Native Title Act 1993 (Cth) that came into effect on 30 September 1998, the guidelines for the granting of financial assistance in native title cases have been amended. Revised guidelines became effective from 30 November 1998. Under the guidelines, persons, including Local Government, responding to native title claims will be eligible for the same financial assistance as claimants thus ensuring a level playing field.

Issues paper No.3

December 1998: An overview of the agreements provisions in the Native Title Act (Cth)

In June 1998, the Australian Local Government Association in conjunction with the Aboriginal and Torres Strait Islander Commission released a guide to developing agreements between Local Government and Indigenous Australians, titled Working out Agreements. Since that time, the Native Title Act 1993 (Cth) has been amended, including the provisions relating to agreements. While it is still possible to make agreements about native title matters outside of the Native Title Act 1993 (Cth), the provisions in the Act relating to agreements have been considerably strengthened.

Issues paper No.4

May 2002: Indigenous land use agreements (ILUAs) involving local government

What is involved for local government councils in developing an Indigenous Land Use Agreement (ILUA)? Any local council for the area to be covered by an ILUA may, if appropriate, become a party to the ILUA. If it is not a party, it is entitled to receive notice of the ILUA when an application has been made for an ILUA to be registered. ILUA's may initially appear to local councils be too expensive and time consuming on a project-by-project basis. However, there are a wide range of opportunities for local councils to develop constructive relationships with native title holders in their area including through Indigenous Land Use Agreements. These opportunities are worthy of closer consideration and are the preferred approach to resolving any native title matters. This paper will provide some background information on ILUAs involving local councils.

Issues paper No.5

August 2000: Following the Future Act processes under the Native Title Act 1993

What should Council do if it is unable to develop an Indigenous Land Use Agreement (ILUA) in relation to future acts in areas where native title exists or may exist?

Issues paper No.6

June 2003: Future Acts in areas where the Native Title holders are unknown

What should Council do if it is proposing to carry out a future act (an act affecting native title) on land or waters where native title exists or may exist and the native title holders are unknown? One course of action that is frequently canvassed is to lodge non-claimant applications with the Federal Court. There are significant costs and timeframes involved with non-claimant applications and in many circumstances they may not be really necessary.

Issues paper No.7

February 2003: Compulsory acquisition of Native Title and compensation

The compulsory acquisition of native title rights and interests is a difficult area of law that is yet to be explored fully in every jurisdiction. There is a complex interplay between the powers of councils under state local government and land acquisition legislation on the one hand, and Federal native title legislation, racial discrimination legislation and the Australian Constitution on the other.