Page 3654 - Week 11 - Thursday, 16 November 2006
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Land—native title
(Question No 1371)
Mrs Burke asked the Minister for Indigenous Affairs, upon notice, on 19 October 2006:
On what date did the legislative instruments for the transfer of freehold, leasehold and vacant Crown land to the Commonwealth of Australia come into existence for the administration of its territorial rights.
Mr Stanhope: The answer to the member’s question is as follows:
The ACT was acquired from the State of New South Wales in 1909. The Seat of Government Act 1909 (Cth) and the Seat of Government Administration Act 1910 (Cth) commenced at that time and made provision for Ordinances to be made for land administration and other matters. The latter Act prohibits the grant of any freeholds. From that time the Commonwealth gradually acquired the remaining old New South Wales freeholds in the ACT and established the leasehold system.
Land—native title
(Question No 1372)
Mrs Burke asked the Minister for Indigenous Affairs, upon notice, on 19 October 2006:
(1) Is it a requirement of the ACT Government that Native Title claimants who want to become involved in any joint management arrangements for the Namadgi Park have to surrender any Native Title entitlements or cases that are being considered through the court system for the granting of Native Title over any part of the ACT;
(2) What are the rights and responsibilities offered to any indigenous group that are signatories to the ACT Government’s Namadgi Park Joint Management Agreement when they forego any Native Title claim;
(3) Could the Minister outline how Native Title co-exists within the eurocentric context of the Feudal Doctrine of Tenure over land in the ACT.
Mr Stanhope: The answer to the member’s question is as follows:
(1) The settlement by agreement of the first native title claim involved the claimants discontinuing the claim as part of the agreement, which included joint management arrangements for Namadgi National Park. This is not a ‘requirement’ of the ACT, but it is usual in agreements in settlement of Court proceedings that the proceedings are ended.
(2) The rights and responsibilities of the parties to the existing native title agreement concerning Namadgi are set out in the agreement, made by the Humphries government in 2001 and honoured by subsequent governments.
(3) The co-existence of native title with the ‘European’ law that arrived with sovereignty in 1788 is governed by the common law as expounded in the Mabo case and others and by the Native Title Act 1993 (Cth).
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