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Qld native title MOUs avoid expensive and protracted court cases

Last October, talks between 16 Local Governments and three native title claim groups commenced as part of a process towards agreement in the region on native title. The three participating claim groups are the Port Curtis Coral Coast claimants, the Gangulu People and the Iman People. The combined claim area covers approximately 45,259 square kilometres in Central Queensland.

The talks are taking place under a Memorandum of Understanding (MOU) between all the parties. The MOUs outline the objectives of the talks including developing a template Indigenous Land Use Agreement (ILUA). That agreement would then be used by all of the Councils as part of final claims outcomes.

Since last October a number of mediation meetings have been convened by the National Native Title Tribunal (NNTT) in accordance with the MOUs and the development of a template ILUA is progressing. Part of the aim is to avoid native title litigation.

"Although the situation in this region is quite different to Perth, we want to avoid if we can the sort of problems which have arisen through the Court decision on the Noongar claim last September," said Bundaberg Mayor, Councillor Kay McDuff. "The objective here is to achieve agreed native title outcomes through mediation. We think that agreement can be reached which enables the peaceful co-existence of all interests in land, including native title rights, Local Government interests and the rights and interests of the general public."

Although the MOUs themselves are not legally binding, they contain a commitment by the parties to explore practical ways of adding value to native title results. The parties have discussed agreed means by which the Councils could use land for certain public purposes and how cultural heritage sites can best be protected.

The MOUs acknowledge the claim groups as the traditional owners of their respective claim areas. The talks are taking place as part of the formal mediation of the three claims by the National Native Title Tribunal (NNTT).

LGAQ President, Councillor Paul Bell, has congratulated all the parties involved and reaffirmed Local Government support for negotiated native title outcomes.

Also supporting the mediation is the Gurang Land Council, the local body responsible for assisting native title claims, and the Local Government Association of Queensland.

The mediation exercise, involving three separate claim groups, is believed to be the largest of its kind in Australia.

Last November, Ipswich City Council also signed a MOU establishing a framework for negotiations with the Jagera people.

In 2003 the Jagera, Yuggera and Ugarapal people lodged a native title claim over 6,000 square kilometres of land in south east Queensland which includes the whole area of the City of Ipswich. This MOU will allow negotiations directly between Ipswich Council and the Jagera concerning infrastructure development and cultural heritage without going through the courts.

"The parties have demonstrated what can be achieved in a Local Government area when Councils and claimants choose to reach agreement over native title rather than being drawn into the expensive, uncertain and divisive litigation process," said National Native Title Tribunal Member, Neville MacPherson.

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