National Indigenous Working Group on Native Title

Response from the Prime Minister regarding Wik

7 May 1997


News
At my meeting yesterday with Mr Fischer, Mr Anderson and National Party Federal President Don McDonald, during which aspects of my ten point plan were discussed, Mr McDonald and Mr Fischer proposed some wording changes.

These changes, which made no difference to the substance of the plan, included confirmation that a pastoral lease, clearly stated to confer exclusive possession, would extinguish native title. This reflects the common law as expressed by the High Court in the Wik decision.

At no stage did I agree, or would I agree, to changes which would allow avenues of extinguishment of native title beyond those already stated in the ten point plan.

It would appear that Mr McDonald's reference in the penultimate paragraph of his press release today is to the procedure whereby native title can be compulsorily acquired by the states, subject to fair procedures and proper compensation.

The current Native Title Act already allows for the compulsory acquisition of native title by state governments.

Whilst the Government will continue to welcome input from both the Liberal and National Party organisations, a firm Cabinet position has been determined. Legislation will be established to give effect to that decision.