Native title claims
This department is responsible for coordinating the state's response to native title claims in the Federal Court and carries out tenure, historical and anthropological assessments of native title claims as well as instructing Crown Law.
It aims to resolve these claims through negotiated settlements rather than trials.
The state, claimants and other parties negotiate agreements under the powers of both the Federal Court and the National Native Title Tribunal. These negotiated agreements can relate not only to the claim itself but also to wider settlements which involve native title consent for various land or infrastructure projects in exchange for benefits packages.
Determining native title
Only the Federal Court and the High Court of Australia can make an approved determination of native title, as the National Native Title Tribunal is not a court and cannot make decisions on whether native title does or does not exist.
These are in response to “non-claimant” applications as opposed to “claims”. A determination of native title can either be made as a result of a trial, a litigated determination, or as a result of a negotiated settlement of a claim, that is, a consent determination.
Determinations can be accessed via the National Native Title Tribunal’s web site.
Establishing evidence of connection
By lodging a native title claim in the Federal Court, the native title party commences a legal proceeding that involves the Queensland Government and other respondent parties. A consent determination of native title can be made only if all the parties involved agree about issues relating to connection.
Connection report
The Queensland Government agrees to a consent determination only if the native title party can provide evidence of their connection to the lands and waters claimed under their traditional laws and customs in accordance with section 223 of the Native Title Act 1993. The state receives this body of evidence and argument in a connection report, which gives the native title claim group an opportunity to demonstrate the fact and nature of their relationship to traditional land and sea country. The state then uses this information to decide whether or not it is prepared to proceed towards a consent determination.
Guides to compiling connection reports
The Guide to compiling a connection report for native title claims in Queensland (PDF, 173K)* and the Guide to compiling a connection report for native title claims in the Torres Strait (PDF, 194K)* reflect the Queensland Government’s understanding of the anthropological issues related to the recognition of native title. Other parties to a claim may have a different understanding, and it is important that native title applicants consider this, especially when their goal is to obtain the agreement of these parties to a consent determination of native title.
The guides define the kind of information that should be included, and the issues that should be addressed. They are not templates, but reference documents to help consultant anthropologists prepare connection reports.
* Requires Adobe Reader
Last updated 7 November 2011