Uniya Jesuit Social Justice Centre
PO Box 522
Kings Cross
NSW 2011
Phone 02 9356 3888
Fax: 02 9358 3201
eMail: frank.brannan@uniyajrs.apana.org.au

1. It would be wrong to insist that Aborigines prove an ongoing physical connection with the land. Provided Aborigines have maintained their connection with the land as far as practicable, their rights ought be protected. They should be guaranteed rights for access and traditional use.
2. There is no need for a sunset clause which would be extinguishment by the time delay.
3. Wik should not be used as a foil by pastoralists to expand their titles to the equivalent of freehold with a right of exclusive possession.
4. States should be able to extinguish proven native title rights compulsorily (even on pastoral leases) only for a public purpose and not so as to increase the rights of the pastoralists.
5. The taxpayers should not have to contribute to any compensation payment made by government wanting to take away native title rights simply so as to transfer then to a pastoralists.
6. In July 1993, the Keating Cabinet decided to deny native title holders a right to veto mining development on their land. The trade off was a right to negotiate subject to arbitration and ministerial override in the national interest. There is no reason to remove this right from native title holders who have suffered the disadvantage of having their traditional lands subject to pastoral lease.
7. The right to negotiate should be retained for native title holders whether their land be inside or outside town boundaries, inside or outside national park, and whenever their land be required by corporations or individuals even if they be developing 'conventional government-type infrastructure.'
8. Native title claimants should still have the option of proving in court or before a tribunal that their native title rights are more than rights of access and traditional use. Such cases would be rare and the additional rights would still have to yield to the pastoralist's rights. Without the option, compensation will be payable. As the Prime Minister says, "This idea that you can sort of snuffle out a title and not pay anything is just not on."
9. The National Native Title Tribunal should remain a guaranteed forum for native title claimants wanting a determination of title.