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Native Title

Courtesy of The Environmental Protection AgencyAt least 80% of the World Heritage Area is potentially claimable by a number of Aboriginal groups under the Native Title Act 1993. This is because about 80% of the World Heritage Area is national park, state forest or timber reserve. There is less than 5% freehold tenure (private land) in the Area, and about 15% made up of a variety of leasehold lands, government reserves and Aboriginal communities (DOGIT lands). This means that, potentially, Rainforest Aboriginal people will have a significant say in how the World Heritage Area is to be managed.

The Authority has a legal responsibility to protect World Heritage values as well as comply with the requirements of the Native Title Act 1993 (Commonwealth). In some cases, the exercise of Native Title holders rights' may be inconsistent with the Authority's obligations under the World Heritage Convention. In other cases, the exercise of Native Title rights may have the potential to enhance the conservation of World Heritage values.

Medicinal Plant walk in CairnsThe Wet Tropics Management Authority views negotiated management agreements with Native Title holders as the preferred method of resolving land and resource use issues. By developing a proactive approach to resolving Native Title issues through an interests-based approach to negotiated agreements, the Authority will develop a better working relationship and climate for negotiation with Native Title holders. A litigious approach, although not discounted, is seen as a last resort option.

The Authority will seek, as far as is possible (with the necessary support and endorsement of Native Title Representative Bodies, the relevant land management agency, and the Department of Premier and Cabinet), to negotiate in good faith with groups who assert a right or interest under common law and/or under the Native Title Act 1993.

The Authority will continue to explore the potential of Indigenous Land Use Agreements as a management tool with relevant Native Title Representative Bodies and the Department of Premier and Cabinet. The Authority will also continue to modify and review its policy position to reflect ongoing changes in the State's and the Commonwealth's understanding and interpretation of Native Title law and related compensation issues.

Current agreements

 


 

 

 
WET TROPICS MANAGEMENT AUTHORITY
Level One, Cairns Corporate Tower
15 Lake Street Cairns - PO Box 2050 Cairns 4870
Phone: +61 7 40520 555 - Fax: +61 7 4031 1364
Email: wtmaweb@wettropics.gov.au

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