AGFORCE

Native title is the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs.

AgForce represents pastoralists who are respondents to Native Title claims. The AgForce Native Title team includes a Senior Native Title Officer and two Native Title Officers.

What happens if I contact AgForce for assistance with a Native Title claim?

If you contact AgForce asking for Native Title assistance you will be asked for some information to find out more your situation, including a copy of the letter you received from the National Native Title Tribunal. An AgForce Native Title Officer will step you through the necessary paperwork and explain what will happen during the Native Title claim process.

This information will be filed and submitted to the Federal Court in preparation for when claims enter notification.

The AgForce Native Title Committee meets three times a year to discuss any current claims.

What is the process for determination?

A determination of native title is a decision by the Court whether or not native title exists in relation to a particular area of land or waters.

1. Filing: Once the application is filed the Court checks whether it is complete and correct. If it is, the application is sent to the Tribunal.
   
   
2. Registration: The Tribunal will apply the registration test. Passing the registration test gives the native title claim group certain procedural rights, including the right to negotiate (eg. over mining or mineral exploration).
   
   Applications which fail the registration test usually proceed to mediation and/or trial, but the applicants do not have the right to negotiate. If the Tribunal does not accept the claim for registration, the applicant may ask the Court to review the Tribunal’s decision.
   
   
3. Notification: The Tribunal will advise the public and any individual or body (including State or Territory governments) whose interests may be affected by a native title determination to apply to the Court to become a party to mediation. The period in which a person can apply to the Court is three months.
   
   
4. The Court will receive the applications to become a party and will decide whether or not the person is a party.
   
   
5. Then there is usually a directions hearing which is attended by the applicants and other parties (and their legal representatives). At the directions hearing, the Judge may finalise the party list and refer an application to the Tribunal for mediation.
   
   
6. If mediation in the Tribunal is successful, the agreement reached will be referred to the Court, which may make a determination of native title consistent with the agreement.
   
   
7. If the mediation is not successful, the Tribunal will provide a report to the Court. The Court may direct that further mediation occur or may hear the case.
   

(From www.fedcourt.gov.au)

What is an Indigenous Land Use Agreement?

An Indigenous Land Use Agreement (ILUA) is an access and use agreement, and are used in instances where pastoralists and other native title respondents agree that connection exist. Pastoralists can use one to negotiate access to their property. 

For an ILUA to be used, native title claimants have to prove they have had ongoing connection to the land since 1788 and need to show that they continue to practice their traditions.

AgForce has a standard ILUA that is considered to suit most pastoralists, and where possible can assist pastoralists to negotiate an ILUA.

Current Native Title applications

As of 1 July 2010, there are no current claims in notification.

Want more information?

Contact AgForce Native Title officer John Stewart on (07) 3236 3100 or send John an email.