17 July 2008
A MORE FLEXIBLE APPROACH TO NATIVE TITLE
Ahead of the first Native Title Ministers’ Meeting since the federal election, the Rudd Government today announced that it will take a more flexible approach to recognising native title in Australia’s territorial waters.
In contrast to the previous Government, the Commonwealth is now willing to recognise that non-exclusive native title rights can exist in territorial waters up to 12 nautical miles from the Australian shoreline.
The Rudd Government's position is consistent with a High Court decision that found it is possible for indigenous people to have non-exclusive native title rights in territorial waters. “Taking a more flexible position will assist reaching negotiated settlements in a number of native title claims, which have been deadlocked as a result of the previous Government’s position." Mr McClelland said.
"The change reflects the Rudd Government’s desire to avoid unduly narrow and overly legalistic approaches to native title.”
“The potential recognition of non -exclusive native title in some of Australia’s territorial waters will not affect existing interests in those areas, such as fishing or oil exploration licences,” Mr McClelland said.
State Governments have been prepared to recognise the possibility of native title rights in territorial waters and the Federal Government's revised position will facilitate greater cooperation to resolve claims.
The Attorney-General will discuss the changes and the positive outcomes native title can achieve when he meets State and Territory Ministers at the Native Title Ministers’ meeting tomorrow in Perth.
Mr McClelland said, “This will be the first opportunity for native title ministers from each State and Territory to meet since the new Government took office. It will provide an historic opportunity to make native title work better.”
“Ministers will consider key issues, challenges and opportunities for the native title system, including the role native title can play in achieving practical, sustained outcomes for all stake holders.”
“Native title offers the opportunity of a new partnership with the Indigenous community. Recognition of legitimate rights can make a significant material contribution to closing the gap between Indigenous and non-Indigenous Australians.”
Media Contact: Adam Sims 0419 480 224
