Native Title

Regional Goal

Effective and transparent self-government with strong leadership.

Program Goal

To provide high-quality and culturally appropriate professional services to native title holders and claimants in the Torres Strait region.

To facilitate the securing of legal recognition of native title to land and waters in the Torres Strait and thereby improve opportunities for improved economic, cultural and social participation for Torres Strait Islander and Aboriginal people living in the region.

Program Objectives

This program component will:

• assist Traditional Owners to obtain legal recognition of native title over land and sea in the Torres Strait Region
• protect and manage native title rights
  • ensure that mainstream services are contributing to and meeting regional goals and outcomes
  • improve communication and information networks across communities
  • build the capacity of Prescribed Bodies Corporate (PBCs)
  • involve Torres Strait Islander and Aboriginal leaders in Integrated Service Delivery
  • strengthen leadership within communities
  • grow future leaders for the community
  • encourage more women to seek leadership roles
  • optimise and enhance the TSRA Board Member decision-making and communication capabilities

High Court sea claim supporters.

Program Deliverables

• Provide legal, policy and advocacy support for PBCs
• Support native title activities, including determination of claims and provision of legal advice and support
• Negotiate and execute Indigenous Land Use Agreements and other statutory agreements
• Provide legal advice and support in relation to Future Acts

Program Expenditure 2012 - 2013

Table 2-6 Native Title Program Expenditure

Native Title Program Projects and Achievements

Project Name: Indigenous Land Use Agreement (ILUA) and Future Acts

Project Name: Native Title Claims

Native Title Program Projects and Achievements

Project Name: Legal, Policy and Advocacy Support for Registered Native Title Prescribed Bodies Corporate

Indigenous Land Use Agreement signing, Warraber.

Key Performance Indicators – Portfolio Budget Statements

Number of native title determinations, negotiated and registered ILUAs, and number of future act notifications facilitated in the Torres Strait.

The Regional Sea Claim appeal was heard in the High Court of Australia on 12 February 2013.

In summary, the grounds of appeal were as follows:

• The native title rights to access or take resources (including marine resources) are not restricted to traditional use only and can be for commercial use. Fisheries and other Legislation did not extinguish native title rights to trade commercially.
• Reciprocity rights under Islander customary law should be recognised as native title rights.
• Otherwise, the decision of Justice Finn stands in that Native Title exists in the determination area and native title rights and interests are subject to the traditional laws and customs of the native title holders and the laws of Queensland and the Commonwealth.
• The native title rights and interests are non-exclusive, which means that the Traditional Owners cannot prevent anyone from lawfully accessing the determination area. This does not prevent any person who has a fishing or other licence from engaging in that activity in the area.

Statistical Data

Table 2-7 Performance Statistics

Legal, policy and advocacy support for PBCs

Number of pieces of legislation and policies that are beneficial and appropriate to the Torres Strait

Reduced length of negotiation processes

Compliance with legislative requirements for Future Acts

The TSRA's Native Title Office (NTO) provides support to Prescribed Bodies Corporate (PBCs) and in-house advice, negotiation and advocacy for the Traditional Owners throughout the Torres Strait region. This includes the preparation of submissions to government agencies on changes in native title law.

Support Native Title activities, including determination of claims and provision of legal advice and support

Number of Native Title Determinations in the Torres Strait

The Native Title Office (NTO) advocates for and assists Traditional Owners and Prescribed Bodies Corporate with land and sea claims. Following the judgement by Justice Finn on 2 July 2010, a Native Title determination for the Torres Strait Regional Sea Claim was made on 23 August 2010. The determination was appealed by both the Australian Government and the Queensland Government. The NTO funded and provided legal representation for the claimant's appeal, with arguments heard between 16 and 18 May 2011. On 14 March 2012, the full bench of the Federal Court handed down judgement upholding the Australian Governments' appeal and rejecting the claimant's appeal. The NTO sought special leave to appeal this decision in the High Court of Australia; leave was granted on 5 October 2012, and the appeal was heard by the High Court of Australia on 12 February 2013. The court will hand down its decision in August 2013.

Indigenous land use agreements and future acts

Number of Indigenous Land Use Agreements

The Native Title Office (NTO) assists Prescribed Bodies Corporate and Traditional Owners with support, legal advice, and advocacy for Indigenous land use agreements (ILUAs) and Future Act notifications. The NTO has been involved in negotiations with all levels of government and stakeholders to formulate standard freehold land valuations for the Torres Strait region. It is the NTO's objective to adopt a template ILUA, with the agreement of all parties, in the near future.

The benefit achievements above are fully aligned to the Torres Strait Development Plan benefit targets.