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Chapter 1 - Introduction
Background
1.1
On 7 December 2006, the Senate referred the provisions of the Native
Title Amendment Bill 2006 (the Bill) to the Senate Legal and Constitutional Affairs
Committee, for inquiry and report by 23 February 2007.
1.2
The Bill amends the Native Title Act 1993 (Native Title
Act) to implement reforms to a number of aspects of the native title system.
The proposed reforms were originally announced in September 2005 by the
Attorney-General. Six connected elements of reform were identified:
- an independent review of native title claims resolution
processes;
- technical amendments to the Native Title Act;
- 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 the state and territory governments
to promote and encourage more transparent practices in the resolution of native
title.
1.3
The Bill gives effect to most of the recommendations from the
independent review of the claims resolution process, together with reforms to PBCs,
funding for non-claimant third parties, and the establishment, functions and
accountabilities of NTRBs.
Conduct of the inquiry
1.4
The committee advertised the inquiry in The Australian
newspaper on 12 December 2006 and 7 February 2007. Submissions were
invited by 19 January 2007. Details of the inquiry, the Bill and
associated documents were placed on the committee's website. The committee also
wrote to over 60 organisations and individuals.
1.5
The committee received 18 submissions which are listed at
Appendix 1. Submissions were placed on the committee's website for ease of
access by the public. The committee held a public hearing in Sydney on 30 January 2007.
Acknowledgement
1.6
The committee thanks those organisations and individuals who made
submissions and gave evidence at the public hearing.
Note on references
1.7
References in this report are to individual submissions as
received by the committee, not to a bound volume. References to the committee
Hansard are to the proof Hansard: page numbers may vary between the proof and
the official Hansard transcript.
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