Report finds Traditional Owners shortchanged on compensation
The Australian Law Reform Commission’s final report on native title compensation has been tabled in Parliament, concluding that Traditional Owners have been denied equal and fair access to compensation.
The National Native Title Council (NNTC) said liabilities owed to Traditional Owners run to the tens of billions of dollars.
Key Points
- ALRC final report tabled in Parliament highlights compensation shortfalls
- NNTC says Traditional Owners owed tens of billions of dollars
- Report proposes 86 recommendations to reform the Native Title Act
- Federal Government urged to remedy past liabilities as interest accrues
- NNTC says current system is discriminatory and adversarial
- Barriers include complex land analysis, extensive evidence and decades in court
- Call for a National Compensation Framework to set clear standards
“The report has found that the Native Title Act is discriminatory in the way it deals with our property rights as First Nations people in this country. The current laws have not given us a clear pathway to access the tens of billions of dollars of compensation native title holders are owed across the country,” Jamie Lowe, CEO of the National Native Title Council, said.
“Traditional Owners have watched wealth being extracted from their land at scale, while the compensation they are entitled to has been withheld by governments and mining companies.
86 ways to make the Act more efficient
“Traditional Owners want the Federal government to demonstrate leadership and come up with more equitable pathways to access compensation owed.
“These recommendations are a good start. They put forward 86 ways to make the Act more efficient, more accessible, less adversarial and fairer for native title holders. But Eddie Mabo, David and Sam Passi, James Rice and Celuia Salee and the people of Mer didn’t take the Crown to the High Court to get what the Native Title Act gives us.
“There is unfinished business in the way the Crown treats our property rights. Currently Traditional Owners are left fighting costly legal battles through the courts.
“Native title holders face significant barriers to accessing compensation. Traditional Owners must navigate complex, costly land analysis, gather extensive evidence, and often spend decades in court.
“Meanwhile, historical liabilities owed by all levels of government continue to accrue interest.
National Compensation Framework
“This Report arose from the Juukan Gorge Inquiry. The Commission’s substantial review provides 86 recommendations address the economic impact for First Nations communities when our rights areinfringed and compensation goes unpaid. Unpaid compensation represents real, tangible harm in the form of lost economic opportunity and foregone investment options.
“We want a National Compensation Framework to remove barriers to accessing compensation owed. The Framework would establish clear and consistent standards to compensate native title holders when their rights are impacted. That would deliver greater certainty for both native title rights holders and project proponents.”
