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Native title claim system revision considered

10 Apr, 2009 07:35 AM
Aborigines may no longer have to prove their connection to land under a radical change to the native title claim system being considered by the federal government.

Under the proposal, the government has committed to exploring the idea of shifting the burden of proof of connection to land from Aboriginal claimants to states, territories and others, reports say.

The government's "mind is open" to reversing the burden of proof in some aspects of native title claims, federal Attorney-General Robert McClelland said.

The native title system costs $120 million a year to manage and had cases dating back 10 years or more among the 477 claims still outstanding, Fairfax said.

The government's stance follows comments this week from High Court Chief Justice Robert French that all native title applicants should be presumed to have a "continuous existence and vitality since sovereignty" necessary to establish their claim under the legislation.

Many claims had failed because indigenous groups could not prove an ongoing cultural connection to land, often because of European dispossession, he said.

The Native Title Act should be amended so that extinguishment of native title could be disregarded if the claimant and a state government agreed, he said.

Mr McClelland said the government would consider shifting the burden of proof.

"If someone is the occupier of premises, you assume they have title to those premises," he said.

National Native Title Council chairman Brian Wyatt said many indigenous elders died before their rights were recognised under the present native title system, while indigenous leader Warren Mundine called for debate for "real, substantive change".

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A step in the right direction, well done to all the people behind the scenes who fostered this native title rethink.
Posted by stevomell, 10/04/2009 1:45:37 PM
Does this mean the the remainder of us have claim to UK, Scotland, Ireland, Europe, China etc; because we are all indigenous to these countries?
Posted by Bear, 10/04/2009 6:18:09 PM
Well it is pretty damn hard to prove connection to land when in 40,000 years you did absolutely nothing to it, with it or on it. This lack of connection had nothing to do with European settlement, had all to do with them not evolving from the stone age in all that time.
Posted by Chris, 10/04/2009 6:31:32 PM
Native title or whatever title is irrelevant. More important is that for practical purposes (in the short term) the land belongs to the national (and ultimately world) community administered in trust by the Government. Title is all about fleas arguing about which part of a dog they (temporarily) own.
Posted by Concerned Canberran, 14/04/2009 10:41:29 PM

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