It ought be sufficient for the tribunal to be satisfied that the claimants are native title holders of the area who would then have the same statutory right to negotiate with developers as do native title holders on land which is not subject to pastoral lease. If the tribunal determined that the claimants were not native title holders, these rights should not be exercisable by the claimants until a contrary finding were made by the tribunal or a court. Native title holders denied their additional rights prior to determination should be entitled to compensation from the Commonwealth or State. These provisions are fatally flawed. The mechanism should be in the form of a local agreement or the once only right to negotiate covering an area and time frame which then automatically permits the individual miner access under the terms of the agreement.
Justice demands parity of rights for the city mob and the bush mob.
It also requires that non-Aboriginal city dwellers incur the same inconvenience as their country cousins in accommodating the legitimate rights of native title holders. If town developments require, there ought be provision for an expedited determination of native title so that negotiations can be complete with minimal disturbance to the development timetable. If the private sector be providing government-type infrastructure for profit, it should still be required to negotiate with native title holders. If mining is to be permitted on native title land in a national park, native title holders should retain their right to negotiate. Management of Claims 9.2 Native title claimants should still have guaranteed recourse to the NNTT and Federal Court for determination of native title.