Report on Performance by Matter.
There are currently 29 matters. There are 9 claimant applications which are represented by NTSCORP and 27 non-claimant applications in Project NTS500. The remaining matters are research, policy, etc. Some of the non-funded matters are still being legally supported to completion.
NTS 001 & NTS 009 – Bandjalang People #1 and #2
The Bandjalang #1 Claim was lodged in 1996 on behalf of the Bandjalang people. The claim covers national parks, reserve lands and coastal land in the vicinity of Evans Head NSW. The claim was registered prior to the 1998 amendment to the Native Title Act 1993. The Applicant and the State have been in negotiations in this matter since 2003. In the 2007-2008 financial year the State and the Applicant have engaged in further mediation conferences, under the auspices of the NNTT. As a result of these mediation conferences a Credible Evidence process has been developed which clarifies the issues to be resolved in order to achieve a negotiated settlement. The credible evidence process is continuing.
NTS 002 – Gumbaynggirr People (Boney)
This claim covers environmentally significant coastal land near Urunga on the mid-north coast of NSW. Since May 2002 the Applicant has been actively negotiating a settlement of this claim. In 2004 the Applicant entered into the credible evidence process with the State in an attempt to finalise this matter. An in principle agreement has now been reached between the Applicant and the State. The Applicant has been engaged in negotiations with the State and Bellingen Council regarding planning laws which need to be finalised in order to effect the transfer of the land. Case management conferences and mediation conferences have been participated in by the Applicant and the State in support of these negotiations.
NTS 004 – Yaegl
The Yaegl People’s claim covers part of the Clarence River and its estuaries in the vicinity of Yamba, Angowrie, Maclean and Harwood on the north coast of NSW. NTSCORP was appointed by the Yaegl People as their legal representative in September 2005. Since the appointment of NTSCORP a detailed review of the application and evidence compiled to date has been undertaken. The application was amended and accepted for registration in 2006.
Negotiations relating to future acts including sewerage works and country energy pipelines were undertaken during the reporting period.
Credible evidence has now been submitted to the State for assessment and the credible evidence process is ongoing.
NTS 005 – Byron Bay Bundjalung
The Byron Bay Bundjalung claim group has entered into ILUAs with the State during the reporting period.
A Stage 1 ILUA was signed in December 2000 creating the Arakwal National Park, leaseback arrangement and transferring some land to claimants.
It also gave those claimants joint management in the National Park.
A Stage 2 ILUA was authorised in December 2006 following several meetings. The State executed the ILUA in February 2007. The ILUA was registered by the NNTT in April 2008.
NTS 006 – Gumbaynggirr (Gumma/South Beach)
The claim covers two coastal peninsulas at Nambucca Heads on the mid-north coast of NSW. The area is also covered by claims under the Aboriginal Land Rights Act 1983 (NSW) by two Local Aboriginal Land Councils (LALCs). Negotiations have been underway between the Applicant, various State government departments and the LALCs for several years. An anthropological report has been prepared and forwarded to the State for consideration. Further evidence, comprised of witness statements and affidavits, is being finalised. Negotiations including discussions about the Schedule 14 lease have resumed.
NTS 015 – Forster Tuncurry
This claim was lodged in December 2004 in respect of traditional land of Kattang-speaking people in the district of Foster/Tuncurry NSW in response to a non-claimant application made by the Minister for Lands. The application was accepted for registration by the Registrar of the NNTT. Injunction and separate declaratory proceedings were filed in 2006 to prevent the State from compulsorily acquiring the claim area until such time as the right to negotiate was undertaken. Negotiations with the State are due to commence later this year.
NTS 017 – Barkandji #1
This application is located over land in Wentworth near the NSW and Victoria border in western NSW. NTSCORP was appointed as the legal representative for the claimants in September 2003. The application was filed in response to a non-claimant application by the Wentworth Shire Council to compulsorily acquire certain lands within its municipal area for residential redevelopment. A Claim Group meeting was held in March 2006 which authorised amendments to the native title application. Following detailed submissions by NTS the application was accepted for registration in April 2006. In February 2007 an agreement was executed between the Barkandji People and the Wentworth Shire Council. The DLG approved the compulsory acquisition in February. The agreement was finalised in June 2008, with the gazettal of the land. This matter is now finalised.
NTS 018 – Tubba-Gah People
This application is filed over the Goonoo Community Conservation Area, formerly the Goonoo State Forest near Dubbo in the central west of NSW. This claim was filed in 2001 and accepted for registration by the NNTT in October 2002. Mediation by the NNTT commenced in May 2004. Credible Evidence was provided to the State in May 2006 on a confidential and without prejudice basis under the auspices of the NNTT. Preliminary discussions have been held with the Department of Environment and Conservation and the Department of Lands.
NTS 029 – Barkandji #8
This claim was filed in 1997. However, NTSCORP was not appointed to represent the Applicant until July 2002.
This claim extends from Waanaring to Wentworth in the far west of NSW. A s66B hearing was held in this matter in December 2005 and a successful decision obtained in February 2006. In March 2006 a working party meeting was held which approved amendments to the application. Subsequently, the amended application was filed in the Federal Court on 28 June 2006 and was accepted for registration. The Applicant has been engaged in negotiations with the State since 2002 within the credible evidence assessment process. Credible evidence has been provided to the State on a confidential and without prejudice basis for assessment.
NTS 112 – Ngiyampaa
Two claims by the North Eastern Wiradjuri People were lodged in response to a notice pursuant to s29 Native Title Act 1993 for a mining lease in the Cobar area of central west NSW. The claims were authorised by the claimant group in June 2007 and filed in the Federal Court in July 2007. The applications have been accepted by the NNTT for registration. Negotiations are ongoing.
NTS 500 – Non-Claimant Applications
12 non-claimant matters were filed in the Federal Court of Australia during the reporting period. A total of 13 were discontinued and there were no determinations made in respect of non-claimant applications.
Other matters in which NTSCORP is providing assistance to native title parties.
NTS 008 – Gamillaroi Nation
This project is an innovative project initiated by the Gamillaroi Nation, NTSCORP and the State Government aimed at building the capacity and governance structures of the Gamillaroi Nation to negotiate a sustainable agreement between traditional owners and the State Government which provides for the practical recognition of native title rights and interests in land management practices without the need for a native title claim to be lodged prior to the commencement of negotiations. Research has been finalised in support of this project and governance and capacity building is currently being undertaken. Negotiations with the State are due to commence later in the year.
NTS 111 – Hunter Valley
This project was started in March 2007. It is to settle a regional agreement of the Wonnarua People and reach agreement with the mining industry. Due to lack of funding this matter has been put on hold until 2008-9. It will recommence in 2008-9.
NTS 109 – 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 in the central west of NSW to Moolarben Coal Mines. The claim was registered by the NNTT in May 2007.
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 is no longer the representative on the record and discussions between the proponent and the claimant group are ongoing.
NTS114 – Githabul PBC
NTSCORP received funding from FAHCSIA to assist with the administrative costs of the Githabul People’s Prescribed Body Corporate (the Githabul Nation Aboriginal Corporation) and, in particular, to provide GNAC’s Governing Committee with governance training. NTSCORP will continue to provide GNAC with assistance in managing its native title rights and interests on behalf of the Githabul People, implementing the ILUA and meeting its obligations as a PBC.
Native Title Applications in which NTSCORP has a role as the representative body which may include providing assistance, education, dispute resolution or taking other action as a respondent party. Note that these matters are not funded.
NTS 024 – Gundungurra Tribal Council Aboriginal Corporation
This matter comprises 6 native title applications over a large area in the vicinity of Goulburn, Lithgow and the Blue Mountains and is not represented by NTSCORP. The State and the Applicant are currently negotiating an ILUA in this matter which focuses on management arrangements for National, Parks, State Forests and Crown Reserves within the application area. The NNTT has indicated that the matter is progressing steadily within the context of mediation.
NTS 025 – Darug Link Aboriginal Corporation
This application is made by the Darug Link Aboriginal Corporation in respect of a claim area stretching from La Perouse to the Northern Beaches of Sydney and west to the Blue Mountains. There are various Indigenous respondent parties to the application, including 5 Local Aboriginal Land Councils. The Applicants and the State are currently in negotiations with regards to the remaining application. The NNTT has indicated that the matter is progressing steadily within the context of mediation.
NTS 031 – Baryugil Bundjalung
The Baryulgil Bundjalung if filed over Washpool National Park near Grafton in Northern NSW. The claim was registered prior to the 1998 amendment of the Native Title Act 1993. NTSCORP does not represent the group but has provided assistance previously in this application. Intensive community facilitation has also been undertaken in this matter. It is anticipated that research in the Western Bundjalung region will take place in 2008-2009, which will be relevant to this claim.
NTS 032 – Widjabul
The area of this claim is around Lismore on the north coast of NSW. NTSCORP does not represent this matter. Attempts have been made to resolve an intra- Indigenous dispute about the claim group membership by mediation and focussed research by the NNTT. NTSCORP has provided some limited assistance in clarifying the issues of Indigenous respondents in an attempt to assist in the resolution of the dispute. Subject to resolution of the dispute, negotiations between the State and the Applicant will progress. Review of an NTSCORP funding decision is currently taking place.
NTS 034 and NTS 035 - Mooka and Kalara United Families
These matters comprise one native title application over the Lake Cowal area which is the subject of a current mining lease by Barrick Gold and which was the subject of the Wiradjuri Council of Elders agreement and another native title application over an area of land 25km east of Lake Cowal. The applications are not represented by NTSCORP and are the subject of Indigenous dispute. The applications have been subject of programming orders in the Federal Court of Australia. Review of an NTSCORP funding decision is currently taking place.
NTS 063 – Nucoorilma Gamilaaroy
This is a large native title claim over land to the north of Tamworth and to the east of Moree. This matter is not represented by NTSCORP and no active assistance has been provided to the Applicant. This matter has been progressing through the credible evidence process and early evidence was heard in early December 2006. NTSCORP is a respondent party to the proceedings in the Federal Court of Australia.
NTS 067 – Malera Bundjalung
This application was filed in 1997 and is over land in the vicinity of Timbarra west of Grafton on the north coast. NTSCORP is not the representative in this matter but has been involved in ongoing discussions with the Applicant regarding the application and NTSCORP has previously filed submissions in the Federal Court of Australia. In 2007-2008 the Applicant filed a Notice of Motion seeking to have the matter placed in the ‘inactive’ list. Intensive community facilitation has also been undertaken in this matter. It is anticipated that research in the Western Bundjalung region will take place in 2008-2009, which will be relevant to this claim.
NTS 068 – Ngunnawal People
This native title application is over the whole of the Australian Capital Territory. This matter has had little progress in the 2007-2008 financial year. This matter has not been referred to the NNTT for mediation. NTSCORP is a respondent part to the Federal Court proceedings.
NTS 089 - Ngaorigu Dialect
This application was filed without the assistance of NTSCORP in December 2005 and is filed over an area of approximately 24,000 square kilometres near Cooma. This application is also filed over part of Victoria. NTSCORP is not the representative in this matter. This claim has not been accepted for registration by the NNTT. In June 2006 NTSCORP sought orders from the Federal Court for this matter to be referred for a case management. NTSCORP held discussions with the Applicant in August 2006 in the context of case management conferencing to discuss the deficiencies of the application. It is anticipated that the Applicant will discontinue these proceedings in 2008-2009.
NTS 096 – Wellington Traditional Descendants
This application was filed in January 2006 without the assistance of NTSCORP and covers an area of approximately 5.8 square kilometres east of Wellington. It is partly filed over the area which was the subject of agreement in the Wiradjuri Wellington native title application. NTSCORP is not the representative in this matter. The application was not accepted for registration by the NNTT.
NTS 104 – Wiradjuri Mooka 2 Cowra
This application was filed in May 2006 without the assistance of NTSCORP over land in the vicinity of Cowra in the central west of NSW. NTSCORP has been joined as a respondent to the application. It was not accepted for registration by the NNTT.
NTS 105 – Wiradjuri Mooka 2 Gooloogong
This application was filed in May 2006 without the assistance of NTSCORP over land in the vicinity of Gooloogong in the central west of NSW. NTSCORP is not the representative in this matter but has been joined as a respondent to the application. It was not accepted for registration by the NNTT. This matter was discontinued in 2007-2008.
NTS 108 – Numbahjing
This claim was filed in January 2007 without assistance from NTSCORP and covers an area of land in the vicinity of Evans Head to Ballina. NTSCORP is not the representative in this matter. The application was not accepted for registration and the Applicant has indicated that the application will be amended.
