NTSCORP Performing the Functions of a Native Title Representative Body
Facilitation and Assistance Function
NTSCORP provided representation in 17 native title matters and performed other functions of a NTRB in relation to a further 21 native title matters.
A Report on Performance by Matter is provided below outlining the range of Facilitation and Assistance activities undertaken by NTSCORP in 2008-2009.
Agreement Making Function
NTSCORP exercises its agreement-making function in all of the matters in which it provides assistance or representation.
The focussed dedication of NTSCORP staff and the commitment of Traditional Owner communities during 2007-2008 resulted in a number of agreements being reached including Githabul People, Barkandji People, North East Wiradjuri People - Portland and Gomeroi Narrabri.
Following that intense period of agreement making, 2008-2009 was a period in which NTSCORP could consolidate and substantially progress other matters towards agreement, including Avery-Slater & Ors (Forster Tuncurry), Gumbayngirr People (Warrell Creek) and Gumbayngirr People (Boney Witt). It is anticipated that those matters will be concluded in 2009-2010 by agreement.
During 2008-2009 NTSCORP also assisted Githabul and Byron Bay Bundjalung People during the implementation phase of their Indigenous Land Use Agreements (ILUAs).
During 2008-2009, two agreements were reached including an agreement between Bandjalang and Yaegl People and an agreement between Yaegl People and Country Energy. Both agreements are expected to be formally executed prior to 31 October 2009.
NTSCORP has significantly progressed discussions with both the NSW Aboriginal Land Council and South Australia Native Title Services with regard to developing Memorandums of Understanding between the respective organisations.
Certification Function
NTSCORP is a native title service provider, rather than a registered native title representative body, and subsequently does not have the certification function in accordance with section 203BE of the Native Title Act 1993. Native title claimant groups in NSW authorise ILUAs and native title applications in accordance with the process provided for by section 251A and section 251B of the Native Title Act 1993.
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 or not applications are represented by NTSCORP;
- 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 project 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 2008-2009, NTSCORP participated in seven dispute resolution processes in relation to native title matters.
Notification Function
705 notifications were received from State and Commonwealth Government Departments in 2008-2009. Traditional Owners received 3, 879 notifications. During the course of the year it was necessary to enter into correspondence with many of the notifying Departments and with notification recipients. Referrals for further information and advice were made to the NTSCORP legal division, principally to the Future Acts Solicitor.
Internal Review Function
Under section 203BI of the Native Title Act, 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 2008-2009, NTSCORP received 2 applications for internal review.
