Native title is a unique form of entitlement to land, and is defined by the traditional laws and customs of the native title holders. The right to control access to and use of traditional country is fundamental to indigenous law. The right to negotiate is a part of native title. There is a refusal to accept that native title is entitled to protection on its own terms. It is a unique title.
Different titles require different forms of protection.
Any removal of the right to negotiate will mean that native title holders will suffer substantive inequality in comparison to the rights of other property holders. Equality is not achieved by treating all title holders in the same way, regardless of the differences between them, but through recognising those differences in order to achieve an equal outcome. It is already highly favourable to resource developers through a number of provisions. To obtain the right to negotiate, native title holders must lodge a claim and have it registered with the Native Title Tribunal. Strict time limits are imposed by the Native Title Act for the period of negotiation.