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Making agreements central to the native title process

The National Native Title Tribunal publishes a comprehensive guide on how to make agreements, with actual draft examples, on its Internet site at www.nntt.gov.au.

All of the information is provided free of charge, and can be downloaded from the site at Council offices and printed for circulation among elected representatives, staff and the public.

The site's agreements page includes a Local Government section and details of existing agreements signed by Redland Shire Council in Queensland and Broome Shire Council in Western Australia.

Both of these agreements were signed with groups of Aboriginal people who had lodged applications for a determination of native title in areas administered by the two local Councils.

The agreements contain statements of mutual acknowledgment and respect for each others' rights, as well as details of actions to be taken in relation to land management issues. In both cases, the Local Government agreements with Aboriginal groups form a foundation upon which to build native title agreements.

The Redland Shire Council's agreement with the Quandamooka Land Council Aboriginal Corporation was signed on 14 August 1997. It includes a Planning and Management Study for North Stradbroke Island or Minjerribah, the establishment of a joint steering committee to monitor and evaluate the study, and an undertaking to negotiate a strategic plan, a management framework agreement and any other matters agreed by the parties in relation to the Island's future.

The agreement also lists topics to be negotiated in a native title agreement. These include capital works and infrastructure, community development, cross cultural training, cultural heritage protection, environmental assessment, financial resourcing, land and natural resources management, public health, reserves management, service delivery, tourism management and water management.

In addition to these agreements, the Tribunal's Internet site page also contains a number of templates for different kinds of draft agreements. Each of the draft agreements and clauses has been worded to provide an example of what an agreement might look like in relation to a particular issue.

However, the information should not be regarded as legal advice, and is presented only as a guide to what an agreement might contain.

The draft clauses cover existing rights, access to land, traditional activities, ownership, responsibility and care, mutual respect, joint management, formation of consultative committees, negotiation, resolution, dispute resolution, enterprise agreements and several other topics.

The list also includes a comprehensive collection of draft definitions and references to assist local Councils and other participants to choose how they might word their agreements.

Templates provide draft outlines

The Tribunal's Internet site contains 19 templates of draft agreements which are written and presented as a final agreement might look, with options for participants to chose their own content. One of these, the 'Commitment Statement (Shire)' is a template for a draft agreement based on Broome Shire Council's agreement signed on 1 May 1996 with the Rubibi Working Group of native title claimants.

Other templates called 'Draft Framework Agreements' offer a suggested basis, process and timetable to resolve native title land management issues without the need for going to Court.

One draft covers particular issues that may be involved in native title applications and the other draft covers a broader regional approach, possibly involving several native title applications. The making of agreements is central to the native title process.

The Tribunal's main role in dealing with native title applications is to act as a mediator in negotiations among parties such as local Councils, and to facilitate the making of native title agreements.

Local Government always has an active role to play in native title negotiations because it acts as Australia's primary manager of land at a grassroots community level and is a significant land manager and land holder in its own right.

In fulfilling these roles, it is vital that Local Government authorities register as parties to native title applications and consider the management and planning implications of Council dealings in land where native title may exist.

For more information, please call the Tribunal toll free on 1800 640 501 or write to the Tribunal at PO Box 9973 in your capital city.

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