Bill
Native Title Amendment (Reform) Bill 2014
lapsed, as at 2016-05-09.
- Sponsor
- Rachel Siewert
- Portfolio
- Not recorded
Recorded stages
- introduced — 2014-03-04
- second reading — 2014-03-04
- other — 2016-04-17
- other — 2016-04-19
- other — 2016-05-09
Divisions
No divisions recorded. Most questions are decided on the voices; this does not establish that a bill was unopposed.
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2014-03-04.
The bill would make it easier for Aboriginal and Torres Strait Islander peoples to prove native title rights over land.
It would create a presumption that native title has continued unless the other side proves significant disruption, and redefine 'traditional' laws and customs as those that remain identifiable over time.
The bill would also disregard prior extinguishment of native title by agreement or automatically for national, state or territory parks, and clarify the requirement to negotiate in good faith.
- Shifts the burden of proof from claimants to respondents to show disruption of native title.
- Redefines 'traditional' so laws and customs need only remain identifiable through time, not largely unchanged.
- Allows prior extinguishment to be disregarded by agreement or automatically for parks.
- Clarifies the meaning of 'negotiating in good faith' and puts the onus on the party asserting good faith to prove it.
Aboriginal and Torres Strait Islander peoples who are native title claimants, and respondents in native title proceedings.
Sources
em
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