Arguments Against Native Title

Native title

’Native title’ refers to the recognition that Aboriginal and Torres Strait Islander people (ATSI) have rights to their traditional lands. For many years, native title has been an on-going topic across Australia, with many people disliking the concept. However, due to Australia’s changing social values and new concepts of justice, it has now been recently addressed. It is through the legal mechanisms such as the ALRC, the NSWLRC, the parliament and the courts and the non legal mechanism, the media that has been a catalyst for law reform for native title. Such mechanisms, have helped cases like the Mabo v Queensland [1988] HCA, Wik Peoples v Queensland [1996] HCA and Yaegl People v Attorney General of New South Wales [2015] FCA

This would give the Wik peoples the right to camp, hunt and fish on the land, as well as conducting traditional ceremonies. Fortunately, the Wik people were successful as the court found that native title could coexist with pastoral leases, however the ATSI people were disadvantaged as if conflict ever emerged, the pastoral leases would dominate. Although the Wik peoples were successful in claiming native title, many pastoralists had growing concerns that they would have to constantly negotiate with Indigenous people over the use of land. This was addressed by the federal government who responded by enacting the Native Title Amendment Act 1998 (Cth) which amended the Native Title Act 1993 (Cth). However, this amendment was ineffective and lacked accessibility for the ATSI people as it imposed tougher tests to determine the right to native title and it prioritised pastoralists over the ATSI

In 1996, the Yaegl people lodged a claim for native title rights to the National Native Title Tribunal, and despite being successfully granted recognition of their traditional ownership to their land, their battle was a long, difficult and strenuous struggle that ended in 2015. After 19 years of dealing with the federal and state government, the Yaegl people were finally granted recognition of their traditional land, under the Native Title Act 1993 (Cth). This enabled the Yaegl people to finally have the right to go fishing, hunting, camping and to perform cultural ceremonies. The delay, however brought up questions from the public about the effectiveness and responsiveness of the legal system. Justice Jayne Jagot, the judge who finally allowed the Yaegl people to rightfully claim their land even stated that “the drawn out nature of the process had been shameful” and that "delays of this kind sap away any sense of justice or fairness in the process." (ABC News: June