Report on Performance by Matter
NTS 001 and 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 Applicant and the State have been in negotiations in this matter since 2003.
A large volume of evidence was provided to the State of NSW during 2008-2009 and in preceeding years, and their assessment of that evidence is due to be provided to the Applicant in early 2009-2010. The application was also amended during
2008-2009 and is currently undergoing
the registration test.
Bandjalang #2 is a claim made on behalf of the Bandjalang people, the same native title claimant group as in Bandjalang #1. The claim covers approximately 3000 square km of land and waters between the Clarence River and the Richmond River in northern New South Wales. This matter has been in negotiation with the State since 2003. A large volume of evidence was provided to the State of NSW during 2008-2009 and in preceeding years, and their assessment of that evidence is due to be provided to the Applicant in early 2009-2010. The application was also amended during 2008-2009 and is currently undergoing the registration test.
NTS 002
Gumbayngirr 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 and an access road which need to be finalised in order to affect the transfer of the land. The Applicant and the State have participated in case management conferences and mediation conferences in support of these negotiations and these matters have now been substantially progressed. It is expected that this matter will be successfully resolved in 2009-2010.
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. The application was amended and accepted for registration in 2006-2007. Further anthropological material and witness statements were provided to the State in support of the credible evidence process and that assessment is due in early 2009-2010. An agreement was reached with Clarence Valley Council in relation to the construction of the Yamba Ferry Wharf and negotiations in relation to two further future acts have been successfully concluded. An MOU was also negotiated with Bandjalang People in 2008-2009. It is with great sadness that NTSCORP acknowledges the passing of one of the Yaegl Applicants, Thelma Kapeen, and of Christine Ferguson during the past year.
NTS 005
Byron Bay Bundjalung
The Byron Bay Bundjalung applications have successfully progressed in a series of stages. 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. Stage 2 of the ILUA was successfully negotiated in 2006-2007 and two ILUAs were authorised by the claim group and executed with the State of NSW. The ILUA included significant benefits for the claim group. The ILUAs were accepted for registration by the NNTT and NTSCORP has assisted the Applicant in 2008-2009 with the implementation of the ILUAs. This matter is expected to be successfully concluded in 2009-2010.
NTS 006
Gumbayngirr (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. Further evidence, comprised of witness statements and affidavits, has been provided to the State of NSW and the credible evidence assessment is ongoing. Lease negotiations regarding the Schedule 14 lease have resumed. This matter has been substantially progressed in 2008-2009 and is expected to be successfully concluded in 2009-2010.
NTS 008
Gamilaroi (Gomeroi) Nation
This project is an innovative project initiated by the Gomeroi Nation, NTSCORP and the Department of Natural Resources (now DECC) aimed at building the capacity and governance structures of the Gomeroi Nation to negotiate a sustainable agreement between Traditional Owners and the State of NSW 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. The capacity building phase of the project was concluded in 2008-2009 and the governance phase was substantially moved forward. The Gomeroi Tribal Nation Secretariat has been established and is efficiently advocating on behalf of Gomeroi People. Negotiations are due to commence early in 2009-2010.
NTS 010
South Coast Research
Anthropological and historical research on the South Coast began in July 2008. This research is ongoing.
NTS 012
Ngempa
Anthropological and historical research for the Ngempa (Ngiyampaa) People was completed in 2008-2009.
NTS 014
Western Bundjalung Research
Anthropological and historical research on the Western Bundjalung began in late 2008 and is ongoing.
NTS 015
Forster Tuncurry
This claim was lodged in December 2004 in respect of the traditional land of Kattang speaking people in the district of Forster/Tuncurry NSW. This claim was filed 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. Between 2005 and 2007 the State of NSW maintained that the right to negotiate did not apply and issued a compulsory acquisition notice in relation to the area. In October 2006, the applicant initiated Injunction Proceedings and separate Declaratory Proceedings against the State of NSW to restrain the State from proceeding with the acquisition until the State proceeded through the right to negotiate. In 2008, the State of NSW agreed to participate in the right to negotiate and those negotiations have been successfully progressed in 2008-2009.
NTS 018
Tubba-Gah People
This application is filed over the Goonoo Community Conservation Area, formerly the Goonoo State Forest near Dubbo in central west NSW. This claim was filed in 2001 and accepted for registration by the NNTT in October 2002. Credible evidence has been assessed and the amended application has been accepted for registration. Negotiations between the applicant and the State of NSW are currently proceeding with a view to resolving the application. Negotiations between the applicant and Indigenous respondents have also been successfully moved forward in 2008-2009.
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 far west NSW, the amended application was accepted for registration in 2006-2007. The applicant has been engaged in negotiations with the State since 2002 within the credible evidence assessment process. To further these negotiations, further anthropological and historical evidence has been prepared in addition to the taking of witness statements. This material has been provided to the State and assessed and the applicant and the State are currently engaged in a process to progress that credible evidence assessment. Tenure and Respondent Party issues have also been addressed in 2008-2009.
NTS 069 - NTS073
Policy
NTSCORP has undertaken a range of policy activities on behalf of Traditional Owners during 2008-2009 in areas such as:
- Fishing Rights and Interests
- Natural Resources
- Water Rights
- Water Management Trust
- Land Rights Act and Native Title
Specifically, NTSCORP has made:
- Three submissions in relation to amendments to the NTA
- One submission in relation to the COAG developed Draft Guidelines for Best Practice Flexible and Sustainable Agreement Making
- A submission to DPI in relation customary fishing and section 37 licenses
- A submission to DECC on the proposed new cultural heritage legislation, on the Due Diligence Guidelines, the Community Consultation Guidelines and the Aboriginal Land Management Framework;
- Submissions to DECC on the proposed amendments to the Regulations made under the National Parks and Wildlife Act 1974
- Attended meetings with NSWALC in relation to interaction of our organisations and the interaction of native title and land rights in NSW
NTS 074
Education Workshops
Three education workshops were convened for Traditional Owners in NSW during 2008-2009 in Moruya, Ashford and Cowra.
NTS 075
Notifications and Future Acts
The consolidation and focused development of the Future Acts Unit and its functions has enabled NTSCORP to streamline its processes with regard to future act notices and negotiations. NTSCORP has engaged with several gas and mining companies during 2008-2009 on behalf of Traditional Owners and provided assistance to a large number of Traditional Owners with enquiries related to future act notices.
In addition to issuing notices related to future acts, the Notifications and Future Act Unit has undertaken numerous tenure searches related to future act projects and in support of native title applications.
NTS 101
Land Summits
One Land Summit was convened for Ngiyampaa People in Cobar in 2008-2009.
NTS 102
Dunghutti Crescent Head Stage 2
This matter relates to the Implementation of Stage 2 of the Crescent Head ILUA between Dunghutti People and the State of NSW. Assistance in this matter is related to the legal proceedings in the AAT reported against NTS119.
NTS 111
Hunter Valley Regional Agreement
In 2006-2007, NTSCORP engaged with Aboriginal People of the Hunter Valley in relation to the development of a regional agreement and attended a series of meetings at the request of community members to discuss the resolution of regional issues. This was progressed through further meetings convened by NTSCORP during 2008-2009.
NTS 112
Ngiyampaa People
These two claims by the Ngiyampaa People were lodged in response to two notices issued pursuant to section 29, Native Title Act 1993 (Cth) for mining leases in the vicinity of Cobar in central west NSW. The applications were accepted for registration and the applicants secured the rights to negotiate. One of the matters has now been discontinued and negotiations are currently taking place between the Grantee Party and the applicant in relation to the grant of a mining lease, with the assistance of NTSCORP.
NTS 114
Githabul PBC
The Githabul People executed an ILUA with the State of NSW and obtained a consent determination with regard to an area of national parks and state forests in the vicinity of Woodenbong in northern NSW in 2007-2008. During 2008-2009 NTSCORP provided assistance in the implementation of the ILUA and to Githabul People in the exercise of their native title rights and interests through their PBC.
NTS 115
Dispute Resolution
A range of activities were undertaken within this project including:
- Attendance at directions hearing as a Respondent Party in matters not represented by NTSCORP
- Participation in mediation
- Undertaking dispute resolution activities amongst Aboriginal people
- Considering and reviewing facilitation and assistance requests
Specifically NTSCORP staff attended the Muthi Muthi traditional boundaries summit, the Widjabul administrative review and 20 directions hearings.
Matters not represented by NTSCORP during 2008-2009 and upon which action was undertaken include:
- Kattang Saltwater
- Dharawal (Cubbitch Barta)
- North East Wiradjuri (3 applications)
- Gundungurra Tribal Council Aboriginal Corporation
- Darug Link Aboriginal Corporation
- Baryugil Bundjalung
- Widjabul
- Mooka and Kalara United Families
- Nucoorilma Gamilaaroy
- Malera Bundjalung
- Ngunnawal People
- Ngaorigu Dialect
- Wellington Traditional Descendants
- Numbahjing
NTS 116
South Central Plains research (Southern Wiradjuri)
Anthropological and historical research on the Southern Wiradjuri commenced in July 2008 and is ongoing.
NTS 119
Dunghutti Litigation
On 18 September 2008, a number of members of the Dunghutti Elders Council Aboriginal Corporation lodged an application with the AAT to review a decision of the Registrar of Aboriginal Corporations to register certain documents appointing Directors of the Corporation, and not to register the Notification of a Change to Corporation Officer’s Details submitted by NTSCORP on 22 October 2007 on behalf of the Applicants in the AAT proceedings. NTSCORP is assisting the applicant in this matter.
On 26 September 2008, the AAT declined to make orders in an initial interlocutory application to stay the decisions of the Registrar. In a further interlocutory decision of 13 March 2009, the Deputy President referred the matter for conciliation. As at 30 June 2009, no date for the final hearing of the matter had been set down by the AAT.
NTS 500
Non-Claimant Applications
NTSCORP has joined as a respondent to all non-claimant applications and appeared in approximately 50 directions hearings during 2008-2009. Where appropriate, NTSCORP has confirmed with applicants their intentions to withdraw their applications once section 24FA protection has been granted and/or referred matters to mediation and participated in mediation where Indigenous respondents have been joined as a party.
Eleven new non-claimant applications were filed during 2008-2009 and 13 non-claimant applications were finalised in 2008-2009.There were three determinations made by the Federal Court that native title did not exist.
