ATSIC
12 March 1999


Time to count cost of native title amendments

The time has come to examine the impact of the extinguishment of native title 
and the workability problems emerging from the amended Native Title Act (NTA), 
the ATSIC Chairman, Gatjil Djerrkura, said today.

Mr Djerrkura this morning told the Parliamentary Joint Committee on Native Title 
and the Aboriginal and Torres Strait Islander Land Fund that it should focus its 
efforts on these matters, along with the impairment of native title rights and 
the effect of the NTA on land management.

ATSIC's submission to the PJC questioned the timing and direction of the present 
inquiry.  However, ATSIC believes the PJC should use its powers to request 
information about the extent of extinguishment that is occurring as the states 
and territories implement the provisions of the amended NTA.

"It's about time we found out what indigenous people are losing and what the 
compensation implications are for the taxpayer," Mr Djerrkura said after his 
appearance at the PJC. 

"It's time for some accountability," he said.

"I told the PJC that in 1967 the Australian people handed the Commonwealth the 
paramount responsibility for making laws that benefit indigenous Australians.  
But with the NTA amendments, the government has breached this trust by handing 
back responsibilities to the states and territories.  

"The Australian government will today answer questions from the United Nations 
about its changes to the NTA.  The PJC needs to restore a degree of faith in 
Australia's regard for indigenous rights by scrupulously monitoring the native 
title regimes the states and territories are setting up.

"The Commonwealth stills holds this responsibility and the PJC must focus its 
inquiries on the effects of the new processes.  I hope state and territory 
governments cooperate with the Committee, but the PJC has the powers to force 
compliance where necessary."  

On the issue of land management, Mr Djerrkura said the question is whether the 
amended NTA is leading to greater involvement of indigenous people where native 
title still survives.

"This is a legitimate and highly important issue for the PJC to take up with the 
states and territories.  After all, involvement for native title holders in the 
joint management of land is about the only benefit the amended NTA gives our 
people.

"The emerging workability problems with the NTA include the number and quality 
of notifications being received by Native Title Representative Bodies, aspects 
of the new registration test and compensation claims.

"I want to restate the fact the ATSIC maintains its opposition to the 1998 
amendments to the NTA.  We made this clear at the time the Bill was passed. The 
overall reduction in indigenous rights is unacceptable.  

"However, we have to deal with the existing processes.  And we expect all those 
who endorsed and advocated the 1998 amendments to bring honesty and integrity to 
their implementation."

Media contact in the Office of Public Affairs:

Brian Johnstone 
0419 010 687 
Martin Freckmann 
018 631 045

Craig Sproule 
Office of Public Affairs
Ph: 02 6289 3450 Fax: 02 6282 2854


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