Native title/mining bill revived
The Morrison government wants to change native title laws to so that hundreds of mining leases can be progressed.
Attorney-General Christian Porter has re-introduced a bill to the lower house that would respond to what he sees as a gap in legislation caused by a 2017 Federal Court ruling known as the McGlade case.
That case determined that indigenous land use agreements cannot be registered unless all members of the “registered native title claimant” sign the agreement, including those who may have died.
The ruling overturned an earlier decision, that determined areas of Indigenous Land Use Agreements could be registered if they were signed by at least one member of the registered native title claimant group.
The draft legislation seeks to revert the system back to its earlier state.
The bill also removes parts of the process for native title claim resolutions and agreement making, and managing claims that have been agreed to.
“Stakeholders across the native title system agree that despite significant progress there is scope for reforming the native title system to improve the recognition and management of all native title rights and traditional lands,” Mr Porter said.
“These amendments demonstrate the Australian government's commitment to ensuring the native title system meets the current needs of all native title stakeholders.”
The bill was introduced earlier this year but lapsed when no action was taken after the May election.