House debates

Tuesday, 10 November 2020

Bills

Native Title Legislation Amendment Bill 2019; Second Reading

1:08 pm

Photo of Luke HowarthLuke Howarth (Petrie, Liberal Party, Assistant Minister for Community Housing, Homelessness and Community Services) Share this | Hansard source

(—) (): I thank the honourable members for their contributions to the debate on the Native Title Legislation Amendment Bill 2019. The bill will amend the Native Title Act 1993 and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 to make practical and pragmatic improvements to ensure the ongoing effectiveness of the native title system. In doing so, the bill will implement recommendations for a range of recent reviews of the native title system, including the Australian Law Reform Commission's Connection to country: review of the Native Title Act 1993.

The passage of this bill will improve the native title system for all parties by supporting the capacity of native title holders by providing greater flexibility around internal decision-making; streamlining claims resolution and agreement-making processes; allowing historical extinguishment to be disregarded over areas of national, state or territory parks with the agreement of the parties; increasing the transparency and accountability of native title corporations to native title holders; and improving pathways for dispute resolution following a determination of native title. The bill will also confirm the validity of important mining and exploration related agreements made under section 31 of the Native Title Act potentially affected by the full Federal Court's decision in McGlade v Native Title Registrar & Ors.

Despite significant progress, the government considers there is scope for improving the native title system to improve the recognition and management of native title rights and traditional lands. The bill demonstrates the Australian government's commitment to ensuring that the native title system meets the current needs of all native title stakeholders. Taken together, these amendments will improve the native title system for all parties, promoting effective native title claims resolution and agreement-making in the management of native title land, post determination. I thank all honourable members for their contributions to the debate.

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