Facilitation & Assistance Function.
Outcomes Achieved in 2007–2008
NTSCORP provided representation to 9 native title claimant groups and performed other functions of a NTRB in relation to a further 20 matters on behalf of traditional owner communities.
The focussed dedication of NTSCORP staff and the commitment of traditional owner’s communities in NSW during the 2007-2008 operational year have resulted in a consolidation of matters, and a number of agreements have been reached, including:
Githabul People
Following the consent determination last year (29 November 2007) this matter is now finalised. NTSCORP are now assisting their PBC, the Githabul Nation Aboriginal Corporation, in the management of their native title rights and interests. That assistance is funded by FaHCSIA through their Funding Support for Prescribed Body Corporate program and is NTS114 in our operational plan.
Barkandji#1
That matter is now finalised with the execution of a s31 Agreement between the Wentworth Shire Council and the Barkandji People and the proceedings have been discontinued. A final meeting was held in conjunction with another Barkandji matter (NTS029 – Barkandji#8) to receive final instructions with respect to the monetary compensation currently held in trust by the legal representatives of Wentworth Shire Council.
Portland
That matter has been finalised with the execution of the s31 Agreements and Ancillary Agreement. It is expected that this matter will be discontinued at the next directions hearing.
Moolarben
The claim by the North Eastern Wiradjuri People was lodged in response to a notice issued under s29 of the Native Title Act 1993 for the grant of two mining leases. Legal proceedings were undertaken in December 2007-January 2008 to restrain the Minister from granting the mining leases to Moolarben Coal Mines. The proceedings were eventually dismissed on 30 January 2008. NTSCORP has ceased to provide assistance to the claim group.
Byron Bay Bundjalang People
The ILUAs were authorised by the claim group in 2006 and were accepted for registration by a Delegate of the Registrar of the NNTT on 22 April 2008. Since that time the claim group and the State have been participating in mediation with a view to implementing the terms of the ILUAs.
Wiradjuri People - Mudgee
The North Eastern Wiradjuri Trust has now been established to receive benefits resulting from this agreement. It is still necessary to negotiate an agreement between the LALC and NE Wiradjuri in relation to the lands to be transferred by Department of Lands.
Gomeroi Narrabri
Negotiations have been successfully completed between Narrabri Coal and the Gomeroi Narrabri People with the execution of the s31 Agreement and Ancillary Agreement. Proceedings have now been discontinued.
Prioritisation of Matters
The NNTT currently convenes annual meetings between NTSCORP Limited and the State of NSW to prioritise matters before the Court.
Claims are categorised as follows:
Category A: Applications where applicants have provided evidence to the State and the State is assessing the material or negotiating with the applicants to try to settle the claim.
Category B: Applications which NTSCORP is representing or support-ing but evidence not yet provided to the State.
Category C: Applications which are not represented or funded by NTSCORP but have some prospects for a negotiated outcome if certain things are done.
Category D: Applications where there is insufficient evidence available for them to progress towards a negotiated outcome.
Category E: Applications which in their present form have little or no prospect of a negotiated outcome.
Category F: Applications lodged primarily to attract procedural rights under the Native Title Act in relation to proposed future acts[3].
At 30 June 2008, the company represents eight (8) out of the ten (10) matters in category A and provides supplementary assistance in a ninth matter in this category. The company represents all three (3) matters in category B. The company does not represent any matters in categories C, D, or E. These statistics represent the company’s commitment to efficient use of available resources.
Technical amendments to the NTA in 2007-2008 mean that the NNTT now plays a greater role in matters currently in mediation and/or before the courts.
See the NTSCORP Limited Detailed Income Statement for a report on performance for each matter.
