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Messenger: mirrigingi INC
8/11/2012 1:51:18 AM
Identifying the Native Title Claim Group
Native title is a communal title, and any determination that native title exists should include all of the Aboriginal people who have native title rights and interests in land or water. The law requires that you use an objective test to identify the members of your native title claim group in your native title application. This can be done by naming every member of your native title claim group but it is most often done by naming the ancestors from which each member of your native title claim group descends. The native title claim group must be united, or bound together, by their system of traditional law and custom.
Authorising a Native Title Application
The law also requires that your native title application is properly authorised by the aboriginal people who have native title rights and make the application must be authorised by the whole native title claim group. Decisions to authorise a native title application need to be made according to a traditional method of decision making if the traditional method is appropriate for decisions of that kind. If there isn’t a traditional method of decision making, or if it isn’t appropriate to use in the native title process, then the native title claim group can adopt another method of decision making, such as discussion and voting.
What sort of evidence is required?
Following this, the native title application is usually referred to mediation. The approach taken by the state government in mediation is that the native title claim group needs to provide evidence to the state government for assessment before negotiations can begin about any settlement of the application. Native title claim groups usually need to provide evidence about:
• The identity of the claimants;
•The traditional language of the claimants;
•The claimants’ connection to country and responsibilities to country;
•The claimants’ social and cultural system – the body of law and custom which is acknowledged and observed;
•The claimants’ rights and interests in land and water;
•Traditional activities carried out by claimants on their country; and
•The relationship between the rights and interests and the law and custom of the claimants of the native title claim group.
What Type of Outcomes Can Be Achieved?
A range of outcomes can be achieved through the native title process including:
•Memoranda of understanding (MOUs);
•Future Act agreements;
•Indigenous land use agreements (ILUAs);
•Consent determinations; and
What is a Future Act?
More information about the Future Act provisions of the Native Title Act and NTSCORP’s Future Act and agreement making servcies can be found here.
What is an Indigenous Land Use Agreement?
An Indigenous Land Use Agreement (ILUA) is an agreement negotiated between native title groups and other parties about the use and management of land and waters in a certain area.
An ILUA is designed to be flexible so that parties reach an agreement tailored to their needs and circumstances. An ILUA may provide benefits such as employment, compensation and recognition of native title.
Because ILUAs are negotiated agreements, they can be made alongside or instead of a claimant application for native title in the Federal Court. ILUAs can be made about matters such as mining development, sharing Crown land such as national parks, and exercising native title rights and interests.
Once agreed, and registered with the National Native Title Tribunal (NNTT), an ILUA is binding on all parties. It is important to note that a registered ILUA binds all persons who hold native title in the area, even where they were not involved in the agreement. As a consequence of this requirement, parties to an ILUA need to conduct thorough enquiries and research to ensure that everyone who may hold native title in the area is consulted and is part of the ILUA process.
The role of NTSCORP Limited
Messenger: mirrigingi INC
8/11/2012 1:58:16 AM
my g g g grandmother jane currie,fingal tweed heads fullblood,
one of 21 original decendentS?????????????WHERES THE REST,,,,,,,,,,,,,,,,
PLS HELP I HELP ONE I BUILD OUR ZION IN RASJESUS THE CHRIST ADAM