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Wednesday, 1 September 1999
Page: 9652


Mr HAASE (5:11 PM) —by leave—I rise as a member of the parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund to speak on the occasion of the tabling of the committee's 14th report, entitled Examination of Annual Reports for 1997-98 in fulfilment of the committee's duties pursuant to s.206(c) of the Native Title Act 1993 . The purpose of this report is to examine the 1997-98 annual reports of the National Native Title Tribunal, the Aboriginal and Torres Strait Island Land Fund and the Indigenous Land Corporation. I also add to comments of the deputy chair regarding the recognition of the senior officers of both the Native Title Tribunal and the ILC who have always made themselves available to facilitate the committee's examination of their annual reports, as well as to provide information about their broader functions and activities.

In his capacity as tribunal president from 2 May 1994 until 31 December 1998, Justice Robert French made a significant contribution to the establishment of the tribunal's operations and in raising public awareness and understanding about native title and the native title processes. I am pleased to note that the tribunal's second registrar, Ms Patricia Lane, who retired on 31 December 1997, has been appointed a part-time member of the tribunal for a term of three years. The tribunal will no doubt continue to benefit from her substantial expertise. I also recognise the work of the inaugural chair and the deputy chair of the ILC, Mr David Ross and Mr Peter Yu. The terms of Mr Ross and Mr Yu expired on 31 May 1999. Both Mr Ross and Mr Yu have provided significant information to the committee regarding the activities and role of the ILC since its commencement on 1 June 1995. The committee looks forward to a cooperative working relationship with the new chair and deputy chair of the ILC.

The committee's 14th report contains a detailed examination of the National Native Title Tribunal's annual report for 1997-98. At the outset, it is important to highlight that, in the committee's view, the tribunal has pro duced its most accessible, accurate and professional report to date. The committee's report focuses on the most significant issues arising from the tribunal's 1997-98 annual report, including workload, impartiality and the effect of the Native Title Act amendments.

Mr Sean Flood stood down as a tribunal member as a result of public comments he made about the government's native title policy. Mr Flood resigned from the tribunal on 13 October 1997. The committee supports the view expressed by the new president, Mr Graeme Neate, at the public hearing on 30 March 1999 that tribunal members must act, and be seen to be acting, in an impartial manner while they hold office.

The increasing workload of the tribunal is also an issue that the committee takes a close interest in. At the end of 1997-98, 804 claimant applications were lodged with the tribunal, as well as almost 4,000 future act notifications pursuant to section 29 of the Native Title Act. The tribunal also convened some 5,000 preliminary conferences in relation to objections to the expedited procedure. This issue remains one of ongoing interest to the committee, particularly the fact that this increase in workload coincided with a reduction in the number of tribunal members due to retirement and resignation.

In examining the tribunal's annual report, the committee was pleased to note that, in the opinion of the tribunal president, the amendments to the Native Title Act have provided processes for a far more flexible and expeditious resolution of native title claims. At the public hearing on 30 March 1999, the new president outlined a number of important developments arising from the amendments. These related to the registration test and its role in the reduction of overlapping claims, the ability to isolate and refer issues to the Federal Court and the ability to deal more effectively with intra- indigenous disputes.

The committee's 14th report also reports on the most significant issues in the ILC's annual report for 1997-98. In the reporting period, the ILC approved the purchase of 77 properties, acquired 30 properties and divested 10 properties to corporations representing the interests of the traditional owners. This is a significantly greater number than in previous years. In total, to March 1999, the ILC had approved the purchase of almost 200 properties and divested almost 30 properties to indigenous interests. This is a significant achievement in a relatively short period of time. The ILC's annual report responds to the main issues raised in the committee's 13th report, particularly in relation to land management and consultancies.

The ILC's report provides a detailed account of land under management, which has been an issue of concern in the committee's 13th report. Further, the ILC has confirmed that it did engage in actual land management activities on land it purchased in 1996-97. Further, the committee's 13th report recommended that a detailed list of consultancies be included in the ILC's annual report. Indeed, this recommendation is adhered to by the inclusion of such a list in appendix 3 of the ILC's 1997-98 annual report. In relation to its significant land management responsibilities, the ILC also announced its intention to establish a wholly owned subsidiary, Land Enterprises Australia or LEA. The role of LEA will be to manage the commercial aspects of the ILC's land management functions. The ILC also established two other subsidiaries in the reporting period relating to the management of particular pastoral properties.

The ILC's annual report also deals comprehensively with the operational challenges it faced in the reporting period. In particular, the ILC reported on difficulties that it experienced in relation to vendor expectations that the ILC will pay higher than market value for properties it wishes to purchase. On 25 March 1999, the ILC's general manager reported that 66 per cent of the ILC's property negotiations had resulted in an acquisition below valuation, with the remainder being achieved at, or close to, market value. Due to public perception that market valuations are much higher than best industry practice could justify, there remains a necessity for continued committee scrutiny in this area. The ILC also reported in detail on operational challenges in relation to land needs planning and the development and implementation of its first land management policy, particularly as this policy represents a significant shift from previous land management policies. I commend the committee's 14th report to the House.