Table of Contents
Chapter 1 Introduction
Legislative Background
Uncertainty and The Act
Past Attempts to Amend the Legislation
The Wik Judgment
Issues arising from Wik
The Response by the Commonwealth
Committee Inquiry
Scope of the Committee's Report
Chapter 2 Widely Supported Amendments
Introduction
The Brandy Amendments
Indigenous Land Use Agreements (ILUAs)
Representative Bodies The Threshold Test
Chapter 3 Validation of Intermediate Period Acts
Chapter 4 Confirmation of Past Extinguishment of
Native Title
What the Bill Provides
Criticisms of the Provisions
General Observations
Extinguishment is Permanent
The Content and Effects of Schedule 4
Land Currently Used for Indigenous Purposes
Chapter 5 Future Acts and Pastoral Leases
Introduction
Opposition to the Commonwealth's Approach
NIWG
The Racial Discrimination Act and the RTN
The Essential Need for Amendments
Conclusion
Chapter 6 The Right to Negotiate and Mining
Introduction
Opposition to Alterations of the RTN
NIWG and ATSIC
Other Indigenous Criticism
The Commonwealth's Position
Provisions Relating to Opal Exploration
Conclusion
Chapter 7 Management of Claims and Compensation
Introduction
Federal Court Procedures in Native Title Proceedings
Legal Aid
Sunset Clauses
Limits on Compensation
Size of the Compensation Bill
Chapter 8 Recommendation
APPENDICES [Not included on-line. Please contact the secretariat to
obtain copies if required]
Appendix 1: The 10 Point Plan
Appendix 2: Public Hearings and Witnesses
Appendix 3: Written Submissions
Minority Report by Mssr's Melham & Quick and
by Senators Evans, Woodley & the Hon N Bolkus
Australian Democrats Addendum
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