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Native title law overhaul not needed

Thursday, 22 May, 2008
Changing native title law is not as important as changing the way governments deal with claims, a former head of the Native Title Tribunal says.

Federal Indigenous Affairs Minister Jenny Macklin yesterday said the Rudd government wanted to overhaul native title law to make it simpler, more efficient and more effective in providing economic opportunities for Aborigines.

Attorney-General Robert McClelland first signalled the government's intent in a speech in February, when he said native title should deliver practical benefits as well as symbolic recognition.

But Reconciliation Australia director Fred Chaney, a former deputy president of the Native Title Tribunal, today said an overhaul of the Native Title Act should not necessarily be top priority.

"I don't think it's so much a need for a change in the Act as a need for a change in the way governments behave," Mr Chaney, who was a federal Aboriginal affairs minister during the Fraser government, told ABC radio.

"I think even within the present law it would be possible to construct much better native title outcomes much more relevant to Aboriginal people living in modern Australia."

The tribunal's present president Graham Neate said it was admirable the government wanted to improve the system.

"The commonwealth itself is a party to many proceedings and it will be interesting to see what change, if any, there is to the commonwealth's attitude as a party in coming up with some creative options for resolving claims," he told ABC radio.

The Kimberley Land Council welcomed the promise of legislative change.

"We welcome the recognition by minister Macklin that indigenous people in Australia are largely missing out on the benefits of a resource boom occurring on Aboriginal land," the council's executive director Wayne Bergmann said.

"Our position is that traditional owners need to be central to resource negotiations and have control over how benefits from development are spent."

Ms Macklin said an overhaul of native title could prove to be a major way forward for communities living in terrible poverty.

"And I think it's a great opportunity given the attitudes of indigenous leaders, given the attitudes of company leaders, particularly in the resources sector," she told ABC radio.

"And if we can harness that goodwill, it will benefit Aboriginal people."


Source: AAP