Calls for end to native title uncertainty over pastoral leases supported

26/4/96

Premier Richard Court today supported the Queensland Premier Rob Borbidge in his calls to end the native title uncertainty over pastoral leases.

Mr Court was responding to recent media coverage on increasing native title claims over Queensland pastoral leases.

"Under the Native Title Act, Aboriginal people are granted greater rights to control future developments over pastoral land than are pastoralists," he said.

"Despite numerous assurances from the previous Federal Government that pastoral leases would extinguish native title, the Native Title Act leaves the matter open and creates a situation where native title claims can be lodged over all forms of land tenure.

"Once a claim is registered, a mere formality, the claimant has rights that far exceed those of the pastoralist."

Section 26 of the Native Title Act places a statutory obligation on the State to negotiate with all native title claimants before granting titles over pastoral leasehold land. Pastoralists have no such right.

Mr Court said pastoral leases were issued over Crown lands in a way that enabled a wide range of other uses to be accommodated.

Exploration and mining, timber production, tourist and other activities were all undertaken on pastoral leasehold land.

"The rights granted under the Native Title Act are in addition to the statutory rights provided for Aboriginal people over pastoral land in State law," the Premier said.

The Land Act provides statutory rights of access for Aboriginal people. Section 106 of the Act provides that Aboriginal people:

'...may at all times enter upon any unenclosed and unimproved parts of the land the subject of a pastoral lease to seek their sustenance in their accustomed manner'.

These statutory rights are in strong contrast to the rights provided by the Native Title Act.

In Western Australia there are currently 81 native title claims that include pastoral leases and 45 per cent of all pastoral leasehold land is now subject to claim.

Mr Court said the recent Leaders' Forum in Adelaide had seen State and Territory leaders call for the Federal Government to amend the Native Title Act to remove the uncertainty over the possible existence of native title on pastoral leases.

Media Contact: Casey Cahill 222 9595