The Right To Negotiate
After a native title application has passed the registration test and is entered on the register, applicants have access to the right to negotiate.
This is a right guaranteed under the Native Title Act, but one which was substantially limited by the 1988 amendments to the Act.
Nevertheless, the right to negotiate requires a government to talk to indigenous people before making decisions about crown land that may affect native title.
The negotiations may also include a third party, who is to benefit from the decision, like for example, a mining company applying for a mining lease on the land.
If a government fails to negotiate in good faith, its plans for the land may be invalid to the extent that they have an impact on native title.
The Native Title Act
Topic
Oct, 1, 1992
1967 referendum, Court, Richard, Keating, Paul, Mabo Case, Mabo judgement, mining, National Farmer's Federation, native title, Native Title Act (1993), pastoralism, politics
The Native Title Amendment Bill
Topic
Jul, 7, 1998
10 point plan, backlash, native title, Native Title Amendment Bill, political reaction, sunset clause
Mediation & Other Parties
Topic
Nov, 25, 1993
coexistence, Federal Court of Australia, mediation, National Native Title Tribunal, Native Title Act (1993)
Changes to the right to negotiate
Text
1998
Native Title Act (1993), Native Title Amendment Act, 1998, native title claim, negotiation
The Registration Test
Text
1998
determinations, Federal Court of Australia, National Native Title Tribunal, Native Title Act (1993), Native Title Amendment Act, 1998, Native Title Amendment Bill, native title claim, Wongatha claim
