Native Title

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Program Overview: Native Title

Objective
To be recognised as an organisation providing high quality and culturally appropriate professional services to Native Title Holders and claimants through consulting with and effectively representing Indigenous inhabitants in Torres Strait region in the performance of our functions under the Native Title Act 1993 (Cth).

Description
This component facilitates the securing of legal recognition of native title to land and waters in the Torres Strait and providing assistance for the legal protection of native title rights in relation to all matters affecting Torres Strait land and waters.

TSRA AS A NATIVE TITLE REPRESENTATIVE BODY

This section refers to the TSRA’s functions as a Native Title Representative Body (NTRB) under the Native Title Act 1993 (Cth). Representative bodies are primarily responsible for servicing the needs of their constituents effectively and equitably. Constituents are those persons who hold or may hold native title in their area. On that basis, one of the guiding principles for the operations of representative bodies is their responsibility to act in the best interests of their constituents.

Legislation Governing TSRA’s Native Title Functions
The Torres Strait Regional Authority is recognised as the Native Title Representative Body (NTRB) for the Torres Strait region. The TSRA was first appointed a Native Title Representative Body under the Native Title Act (Cth) 1993 in 1995. Under the 1998 amendments to the Native Title Act (Cth) 1993, each representative body was required to re-apply for recognition. Following an independent examination, TSRA was recognised by the then Minister for Aboriginal and Torres Strait Islander Affairs as the Native Title Representative Body for the Torres Strait region.

Legislative Functions of the TSRA in its NTRB capacity
As a NTRB, the TSRA fulfils specific functions under the Native Title Act 1993 (Cth). These include:

  • facilitating the researching, preparation and making of claims by groups of Torres Strait Islanders or Aboriginal Peoples, for determinations of native title and for compensation for acts affecting their native title;
  • assisting in the resolution of disputes within groups about the making of such claims; and
  • assisting groups by representing them, if requested to do so, in negotiations and proceedings relating to the doing of acts affecting native title, the provision of compensation in relation to such acts and any other matter relevant to the operation of the Act.

The legislative functions of NTRBs are set out in section 203B of the Native Title Act 1993 (Cth) which states as follows:

  1. A representative body has the following functions:
    1. The facilitation and assistance functions referred to in section 203BB;
    2. The certification functions referred to in section 203BE;
    3. The dispute resolution functions referred to in section 203BF;
    4. The notification functions referred to in section 203BG;
    5. The agreement making function referred to in section 203BH;
    6. The internal review functions referred to in section 203BI;
    7. The functions referred to in section 203BJ and such other functions as are
      conferred on representative bodies by this Act.

A representative body may only perform its facilitation and assistance functions if requested to do so.

Land Claims
Significant achievements were realised in the 2005-2006 reporting period with native title being legally recognised by consent over six claims in the Torres Strait region. The consent determinations were the culmination of several years of legal and anthropological research.

The NTO will continue to provide representation and assistance to the Traditional Owners of the four remaining claims over land. Each of these claims, except one, has been ordered to mediation and the NTO together with the assistance of the National Native Title Tribunal (NNTT) will be assisting the Traditional Owners to attend mediation conferences with the other parties to discuss and attempt to
resolve outstanding issues in an attempt to settle the claims by consent or some other means.

Torres Strait Regional Sea Claim
The Sea Claim was filed in the Federal Court in November 2001 and is brought on behalf of the Native Title Holders of Badu, Dauan, Erub, Ugar, Masig, Warraber, Poruma, Naghi, Iama, Mabuiag, Mer, Boigu, Mua and Saibai and covers approximately 42,000 square kilometres of sea in the Torres Strait region.
Both the Federal Court and the TSRA have identified the Regional Sea Claim as a priority claim for 2006.

In 2005 the Sea Claim was substantially amended and it again successfully passed the registration test and remains on the Register of Native Title Claims. The notification process was finalised in the 2002-2003 financial year.

Mediation of the Sea Claim has highlighted a number of complex legal issues and factual matters that will require further negotiation with the State and the Commonwealth. It is through the mediation process that the parties will attempt to resolve a number of issues and where those issues cannot be resolved, it is envisaged that the parties will at least attempt to narrow down the issues that may have to be determined by the Court. The NTO continues to work closely with Senior Counsel and other experts on the anthropological materials and the general preparation and progression of the Sea Claim.

 

 

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