Launch of new kit for Local Government
It is 10 years since the High Court’s historic Mabo decision that changed the Australian land law. A kit has recently been launched to assist local Councils with understanding their responsibilities in relation to areas where native title exists or may exist. The kit was developed by the Australian Local Government Association (ALGA) with assistance from the National Native Title Tribunal, the Aboriginal and Torres Strait Islander Commission and the Legal Assistance Branch of the Federal Attorney-General’s Department.
Titled ‘Linking Native Title and Council Processes’, the content has been designed to assist Councils with integrating native title considerations into their strategic, corporate and operational decision making. The kit includes 10 one page checklists as well as a 22 page explanatory brochure.
The checklists provide a snapshot of information about native title and a summary six step checklist of actions that officers can take as part of adopting a precautionary approach to native title matters. There are specific checklists for the following Local Government personnel.
- Councillors
- Chief Executive Officers/General Managers
- Legal Officers/Advisors
- Planners
- Social Planners/Community Development Officers
- Asset Managers/Property Officers
- Development Assessment Officers
- Environmental Health Inspectors
- Engineers/Works Managers
- Rangers and other field staff.
The brochure provides summary information about the possible existence of native title and the implications for Councils. It also includes new flow charts and new or amended tables that are intended to assist Councils with applying the six step action plan contained in the ‘Working with Native Title’ Guide published by ALGA in 1999.
The flow charts and tables have been used extensively in the training workshops that have been conducted around Australia since the launch of the Guide, but have never previously been published.
The checklists and brochure are also available on ALGA’s website at www.alga.com.au/nativeTitle.htm Copies of the kit have been circulated to all Councils in the mainland States, Native Title Representative Bodies and to several other agencies and individuals. Feedback received by ALGA has been very positive with several Councils requesting additional hard copies.
In addition, a new Issues Paper has been added to the website. Issues Paper No. 4, titled ‘Indigenous Land Use Agreements (ILUAs) Involving Local Government’ has been prepared in response to several requests for more detailed information on ILUAs. This is only available on the ALGA website. A fifth Issues Paper dealing with matters involved in compulsory acquisition of native title and compensation is currently being prepared and will be available later this year.
ALGA is keen to prepare case studies of Local Government’s experiences in dealing with native title matters. Any Councils willing to share their experiences can contact ALGA’s native title consultant, Ed Wensing on (02) 6241 6361 or 0419 302 887.
Additional copies of the kit can be obtained from ALGA on (02) 6122 9414 or email alga@alga.com.au
