LexisNexis to Host National Native Title Law Summit

Global News

29
Jun
2009

Summit to Explore Proposed Legislation Changes to Offer Flexible and Faster Settlement of Native Title Claims 
 
LexisNexis Australia, a leading provider of content-enabled workflow solutions, today announced it will host the National Native Title Law Summit to explore all aspects of native title. The discussion will cover legislative changes, Federal Court decisions, new directions for native title policy and practice, future acts, expert evidence and a panel discussion on the key considerations in native title law practice.

The Summit will take place in Brisbane on July 15 and 16, 2009 and is designed for practitioners of native title law, indigenous law, mining law, planning and environment law, as well as indigenous representative bodies, civil and human rights lawyers, mining company executives and in-house counsel.

Current native title claims are taking many years to be resolved and this can be a costly process. The Native Title Amendment Bill 2009 seeks to speed up the process for resolving claims, and reduce the associated costs by negotiating rather than litigating. One of the main proposed methods to speed up this process is to give the Federal Court the central role in managing native title claims. Currently this duty is shared with the National Native Title Tribunal.

The Summit will explore the proposed bill, which amends the Native Title Act 1993 and aims to ensure a more positive experience for participants in native title disputes by introducing measures to encourage faster and more flexible settlements of native title claims. The Australian Government’s key native title objective is to close the gap between indigenous and non-indigenous Australians via a native title system that aids economic development for the indigenous Australian community.

National Native Title Tribunal President Graeme Neate says, “The impact of the amendments will depend on how they are administered by judges of the Federal Court. Changes to administrative arrangements alone would not provide better or quicker outcomes. Ultimately, it is the parties who decide whether, when and what agreements will be reached. Experience has shown that when parties negotiate in good faith, timely and effective outcomes can be achieved.”

Dr. Ted Christie, Barrister and Mediator, Queensland Bar, says it is "prudent for the Government agency to recognise the indigenous community as the ‘expert agency’ with respect to evaluating aspects of the use of natural resources that relate to their legal rights.” Christie also acknowledges that, “The Government’s recent statement of support for the United Nations Declaration on the Rights of Indigenous Peoples, which promotes, amongst other things, the full and effective participation by indigenous peoples in all matters that concern them and their right to remain distinct and to pursue their own visions of economic and social development.”

LexisNexis publishes a research service titled Native Title Service specially designed to assist lawyers, government, aboriginal, mining and pastoral organisations that practise in the area of native title law. The service provides the annotated Native Title Act plus rules and regulations, state and territory legislation and chapters of general commentary on native title law and practice. LexisNexis also produces a newsletter named Native Title News, which provides a snapshot of developments in this volatile and rapidly evolving area of the law.