Other Functions.
Dispute Resolution Function
NTSCORP undertakes its dispute resolution function in a variety of circumstances including during:
- The conduct of consultations and research;
- The conduct of decision making processes for the filing of applications;
- The course of proceedings whether applications are represented by NTSCORP or not;
- The authorisation of agreements arising out of the ‘right to negotiate’ provisions of the NTA; and
- The implementation of existing native title agreements.
The role of community facilitators within the operational team is central to the exercise of NTSCORP’s dispute resolution function. Focussed research is also often employed as a mechanism within a dispute resolution process.
During the 2007-2008 financial year, NTSCORP participated in three dispute resolution processes. Research material was prepared by the research unit to assist in one of those matters.
Notification Function
The current reporting period has seen a decline of water licence applications which reflects the current responses by governments and the community to the effects of drought.
NTSCORP also notes that the resolution of inaccuracies in reporting procedures by local government (and other) agencies have resulted in lengthy and protracted negotiations and correspondence.
Notifications Report for Period:
1 July 2007 – 30 June 2008
| Notification Type | Notices Received |
Notifications Sent |
|---|---|---|
| 24HA | 509 | 3,954 |
| 24MD | 71 | 586 |
| Adv. Notice Com. Acq | 1 | 18 |
| Non – Claimant | 7 | 54 |
| S29 | 25 | 229 |
| 24GB | 1 | 5 |
| 24JB | 6 | 46 |
| 24GD | 9 | 50 |
| 24KA | 20 | 120 |
| 24NA | - | - |
| 24MB | 2 | 18 |
| S32f | 18 | 201 |
| Misc | 4 | 27 |
| 24 IB | 1 | 1 |
| DECC | 126 | 132 |
| Total | 800 | 5,441 |
Throughout the course of the 2007/2008 year there were a number of land tenure investigations undertaken, among which were as follows: a) MLA281 – Ngiyampaa Canbelego NC07/4 (NTS112) ; |
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Future Acts
NTSCORP assisted communities to respond to two Section 29 future act notices during the reporting period. The Ngiyampaa (Mulga Creek) and Ngiyampaa (Canbelego) claimant applications were subsequently both registered.
Agreement Making Function
NTSCORP exercises its agreementmaking function in all of the matters in which it provides assistance or representation.
During the reporting period, three ILUAs - one involving the Githabul and two involving the Byron Bay Bundjalung People – were register-ed by the NNTT. NTSCORP also provided assistance to four groups for which section 31 Deeds were executed.
Internal Review Function
Under section 203BI of the NTA, NTSCORP must provide a process for its clients to seek review of any decisions NTSCORP makes in the performance of its functions or exercise of its powers. NTSCORP’s “Internal Review Policy” sets out this process.
During the reporting period, NTSCORP reviewed three (3) of its decisions in accordance with its policy. All of these decisions related to the provision of facilitation and assistance and all of the original decisions were upheld.
Policy
NSWNTS is committed to increasing the capabilities and capacities of traditional owners in our reporting region by the development of current and future policy matters. The following matters highlight some of the activities occurring during the current and previous reporting period.
NTS069 – Fishing Rights and Interests
Through representation on the NSW Natural Resource Advisory Council and other bodies, NTSCORP has maintained a leading role in the advocacy of issues relating to Traditional Owners in NSW. This includes the facilitation of whole of country agreements, negotiation of fishing licence rights, access to waters and the development of negotiation protocols to assist all parties in agreement processes. The NSW Government is currently finalising the introduction of amendments to the Fisheries Management Act (s1994) that will enshrine Aboriginal fishing for cultural, personal, ceremonial, educational or communal needs. The amendments will also formally endorse the National Indigenous Fishing Principles.
NTS070 – Natural Resources
NTSCORP have continued to negotiate on behalf of Traditional Owners for the extension and continuation of their rights and interests in NSW. NTSCORP are currently finalising negotiations with the NSW Department of Primary Industries on changes to the Fisheries Management Act. Representations on numerous matters pertaining to Indigenous interests; including the gazetting of Marine Parks, Commercial and Recreational Fishing and access to lands has taken place throughout the reporting period through the Department of Primary Industries Aboriginal Reference Group and the Natural Resource Advisory Council.
NTS 071 – Water Rights
The Company continues to take a lead role in negotiations with the State Government during the implementation of the Aboriginal Water Trust and is represented on the trust by our Chair, Mr Michael Bell. Through representation and advocacy, the company has been able to assist in the successful negotiation that includes exclusive access to certain marine park areas, assisting in the development of marine park MOU’s and other related matters.
NTS072 – Water Trust
The development of water rights
remains a matter of priority for
NTSCORP.
The company believes that activity
in this matter will increase and has
maintained a positive approach to the
development of water rights through
continuing representations on a local
and state government level and the
Murray Darling Basin Commission.
NTS073 – Land Rights
NTSCORP are continuing joint representations in relation to this matter with NTRB’s and NTS’s throughout Australia. NTSCORP is currently negotiating with the state government and meeting with NSWALC in relation to possible legislative and other tools to better facilitate NT matters within NSW and the ACT.
Education & Land Summits
As part of our service to Traditional Owners, NTSCORP provides funding for the provision of information and education to assist Traditional Owners to better understand the implications of the Native Title Act. As part of our functions NTSCORP held 4 education workshops in South Grafton, Lismore, Moruya and Tweed Heads.
Research – Identification of Native Title Holders
The Research Unit provided a range of assistance in matters currently represented by NTSCORP. This assistance included the preparation of anthropological and historical reports in support of credible evidence material for matters such as Tubba- Gah, Yaegl, Gumbaynggirr (Gumma), Bandjalang, Barkandji #8, Gamilaroi, Ngempa and Wiradjuri.
