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Native title reform

On 7 September 2005, the former Attorney-General announced a package of coordinated measures to improve the performance of the native title system. The six inter-connected elements of reform were:

• an independent review of native title claims resolution processes
• technical amendments to the Native Title Act 1993
• consultation on measures to encourage the effective functioning of Prescribed Bodies Corporate (PBCs)
• reform of the native title non-claimants (respondents) financial assistance program to encourage agreement-making rather than litigation
• measures to improve the effectiveness of Native Title Representative Bodies (NTRBs) , and
• increased dialogue and consultation with State and Territory governments to promote and encourage more transparent practices in the resolution of native title issues.

Legislation to amend the Native Title Act

The Native Title Amendment (Technical Amendments) Act 2007 includes measures to:

• improve the workability of the Native Title Act by making a series of minor and technical amendments
• make minor amendments to provisions applying to NTRBs to complement measures in the Native Title Amendment Act 2007, and
• partially implement two of the recommendations from the Report on the Structures and Processes of Prescribed Bodies Corporate.

The Native Title Amendment Act 2007 includes measures to:

• improve the effectiveness of NTRBs
• implement the Australian Government’s response to the Claims Resolution Review
• implement two of the recommendations from the Report on the Structures and Processes of Prescribed Bodies Corporate, and
• amend the scope of the respondent funding scheme.