Legal costs will escalate under present native title system

6/5/99
Premier Richard Court said today that legal costs incurred by the State would only escalate under the present native title system.
His comments followed the Federal Court decision to award costs against the State and Northern Territory in the Miriuwung Gajerrong native title case.
Mr Court said he expected continued criticism from the State Opposition about the State's involvement in the Miriuwung Gajerrong case.
"Dr Gallop, however, has no solutions to what the Western Australian community is facing under the Commonwealth Native Title Act," the Premier said.

The Miriuwung Gajerrong case involves 7,199sq km of land around Kununurra.
In November last year the court determined that the native title claimants had significant rights to this area including:

• the right to possess, occupy and use the area;
• the right to control the access of others to the area;
• the right to control the use and enjoyment of others of resources in the area;
• the right to trade in resources of the area; and -
• the right to receive a portion of any resources taken by others from the area.

The decision was the first that recognised native title in the State and the rights granted were very significant. The decision is currently under appeal to the full Federal Court.
"The people of Western Australia need to know and understand that this is simply the beginning of a very costly process for the State and the taxpayers under the Commonwealth Native Title Act," the Premier said.
"The State has already paid more than $3.3 million in defending this claim. The State and the Northern Territory will now have to pay 90 per cent of the costs of one of the applicants.
"As I have said previously, the Commonwealth Native Title Act is a picnic for lawyers.
"The Government has a responsibility to contest claims where it believes that the rights claimed affect others and are excessive or unsubstantiated. It is in the interests of the State and the taxpayers for the State to do so."
Mr Court said the Labor Party should be mindful of the fact that 85 per cent of Western Australia was currently under claim and much of that area was under competing and ambitious claims.
"I also remind the Labor Party that the unfettered right to negotiate created by the Commonwealth Native Title Act, which they will not change is also costing the State dearly," he said.
"The Labor Party's attitude is to simply pay off claimants and hope the problems with the Commonwealth Native Title Act will simply go away. My Government will not ignore these problems and will not act so irresponsibly."
Media Contact: Bronwyn Hillman 9222 9475