Transcript Slide 1

Native Title in the
Northern Territory
Pamela Hose – Titles Manager
Presentation by Minerals and Energy,
Department of Primary Industry, Fisheries and Mines, DPIFM
The Territory Approach
•
Follow Commonwealth provisions
of the Native Title Act
•
Use the fast-track exploration
procedures
•
Build on the relationship between
government, Representative
Bodies and industry
•
(2) Representative Bodies
•
Support active negotiations and
mediation
The Territory Approach
• The Territory follows the exploration and mining
provision in the Commonwealth Native Title Act to:
-Notify parties
-Follow a negotiation procedure
-Execute the agreement to grant a valid title
• The National Native Title Tribunal (the Tribunal)
is the Arbitral body
The Territory Approach
Build on relationships between government,
representative bodies and industry
photo
The Territory Approach
Support active
negotiations
Important for parties to
actively negotiate towards
any native title agreement
Native Title in the Northern Territory
Exploration and Mining Procedures
Exploration
Expedited Procedure
Notifying
Objections
Mining
Right to Negotiate
Native Title Agreements
Indigenous Land Use Agreements
Native Title – Exploration and Mining
RIGHT TO NEGOTIATE PROCEDURE
EXPEDITED
MINERAL EXPLORATION
NORMAL
MINING
The Territory government applies the fast track procedure
to mineral exploration licences.
Native Title - Exploration
Fast-track exploration
•
The Territory applies
the expedited procedure
•
No native title backlog of
exploration licence applications
• No outstanding native title
objections
Map
Native Title – Exploration
Notifying the Exploration Licence
• Notice to native title party, native title representative body, the
arbitral body and to the applicant
• Notice in newspapers for both Native Title Act and NT Mining
Act
• 4 month notification period
• If no objection is lodged can proceed to grant
Native Title - Exploration
Native Title Objection
• An objection can be lodged when there is a registered native title
claim
• The grounds for objection are based on criteria as defined in the Act
• If no agreement is reached, the Tribunal makes a determination
• If expedited procedure applies – can progress to grant
•
If expedited procedures does not apply – falls into “normal” right-tonegotiate procedure
Native Title - Mining
Right to Negotiate (normal procedure)
• Right-to-negotiate procedure for mining
• Negotiate an agreement to mine
• The Territory government manages the process
• The Tribunal can provide mediation and arbitration services
• Negotiations in “good faith”
Native Title - Mining
Native Title Agreement
• Generally agreement in two parts
• The native title parties and the grantee parties usually sign a
commercial agreement – we call an Ancillary agreement
• All parties – government, native title and grantee – are signatories to
the ‘Tripartite deed’
• Once the Tripartite deed executed the mining tenement can proceed
to grant
Indigenous Land Use Agreements
Indigenous Land Use Agreements
•
The tribunal checks an ILUA for registration
•
Registration includes a three month notification period
•
Once “registered” an ILUA the government can grant the licences and
tenements specified in that agreement
Contacts
• Website
www.minerals.nt.gov.au
• Manager Native Title & Land Rights Unit
Pamela Hose 08 8999 5396
[email protected]
• Director of Titles
Jerry Whitfield 08 8999 5293
[email protected]