A landmark Indigenous Land Use Agreement signed in the Torres Strait on 6 September breaks new ground in Australia’s efforts to address native title and indigenous land rights. The agreement is a major step towards concluding four years of negotiations between the Kaurareg people, traditional owners of the Strait’s populated inner islands, the local Council and the Queensland Government.
New benchmarks set by the agreement include the following.
- An expedited process enabling the determination of five Kaurareg claims over seven inner islands, including strategically important Horn and Prince of Wales Islands.
- A new ‘tenure resolution’ approach to native title. The claimants will secure the grant of freehold title in addition to native title over some areas, in exchange for a range of concessions including a waiver of some specific compensation rights.
- Comprehensive settlement of native title issues affecting the full range of Local Government interests including land management, infrastructure and future development on native title land.
- Consultative arrangements to ensure ongoing cooperation on land issues between the Kaurareg people and the local community.
Five Kaurareg claims were commenced in 1996 and cover some 80 percent of the Torres Shire. The parties to the claims elected to pursue mediation by the National Native Title Tribunal rather than litigate the claims in the Federal Court. Since then the lead parties, the Kaurareg people, the Council and the State Government, have attended over 70 separate meetings to hammer out the deal. Queensland Local Government Solicitors, MacDonnells assisted the Torres Shire Council in the negotiations.
In welcoming the result, Torres Mayor, Councillor Pedro Stephen said, “The process has not been easy and the agreement was a long time in coming &endash; but the timing is appropriate.
“The focus of the world will be on Australia with the Olympics and questions will be asked about how we are dealing with indigenous issues. This agreement tells us that significant progress is being made.
“There is now broad acceptance that we have to deal with indigenous land issues once and for all. With good will, hard work and perseverance agreements giving mutual advantages can be made. Reaching this outcome has taken an Olympic effort but it has been worth it.”
For the Torres Shire Council the agreement delivers on past, present and future needs. Major projects currently proposed by the Council for native title land, including a waste disposal facility, airport extensions and sewerage works, are given native title clearances.
Future development on native title land, meeting community needs for residential, commercial and public purposes for at least the next 30 years, has also been authorised by the Kaurareg people. Separate provisions give the go ahead for a $5.7 million landfill for which 227 hectares has been excised from the claim. There is also a consultative process containing simplified procedures for the Council to negotiate future acts over other native title land.
For the Kaurareg people, the agreement provides State and Local Government approval for the final determination of their claims without the need for a lengthy Court trial. The Kaurareg people are also concluding ancillary agreements with other parties and all five claims are expected to result in consent determinations in the Federal Court early next year.
