Native title compensation
Native title holders have a legal right to be compensated for certain acts that have extinguished or impaired (negatively impacted) their native title rights and interests since 31 October 1975. Compensation is supported by the Native Title Act 1993 (Cwth).
Compensation claims must be brought on behalf of native title holders by either:
- their registered native title body corporate
- an authorised person acting on behalf of the native title group.
If you would like to submit a compensation claim, you can discuss this with your registered native title body corporate. You can also email us at NTC@resources.qld.gov.au to discuss.
Stages of negotiation
Stage 1 – Engagement
We build relationships and begin negotiations to start the process off on the right foot. During this stage, the native title compensation claim group may authorise representatives to negotiate on their behalf. As native title holders, you determine the best way to progress your claim, and we work together to set the process, timeframes, and responsibilities for negotiations to reach agreement.
Stage 2 – Research
In this stage, we work together with you and/or your representatives to identify potential acts of the state since 31 October 1975 that impacted native title rights and interests, and we agree on which of those acts give rise to compensation entitlements.
Stage 3 - Negotiation
We agree on a resolution to the claim, including compensation for economic and cultural loss. Compensation can be monetary payments, but you may also request non-monetary compensation. The settlement is then recorded in an Indigenous Land Use Agreement and registered with the National Native Title Tribunal. The process is finalised in a consent determination in the Federal Court.
Stage 4 – Distribution
After the settlement agreement is registered with the National Native Title Tribunal, we begin to pay compensation into a suitable trust fund.
Native title compensation settlement framework
The Queensland Government’s statement of commitment is a joint commitment to reframe the relationship with Aboriginal and Torres Strait Islander peoples. It acknowledges, embraces and celebrates the humanity of Aboriginal and Torres Strait Islander peoples and their continuing rights, including traditional ownership and connection to land and water. The statement of commitment is being delivered through a range of key reforms across government, including the Path to Treaty.
In the spirit of this reframed relationship between First Nations and the Queensland Government, the native title compensation settlement framework offers a pathway for native title holders seeking to negotiate and settle native title compensation by agreement. We use the framework to negotiate settlements with the registered native title body corporate and authorised claimants. The negotiation process supports the principles of self-determination and the right to free, prior, and informed consent when making of agreements.
Native title holders don’t need to file a compensation application in the Federal Court before starting negotiations under the framework. However, you will need to file a claim at some stage of the process. The state and the native title holders will agree on when the compensation claim will be filed, so the process can be finalised in the Federal Court.
The framework does not limit your right to advance your compensation claim through the Federal Court. It is up to you to determine the best way to progress your native title compensation claim.
Principles
The framework is guided by 6 principles:
- Settlement of compensation by negotiation rather than litigation where possible.
- Compensation settlement agreements are voluntary and deliver fair outcomes.
- The method used to value compensation is consistent and repeatable.
- Arrangements are monetary but can include non-monetary components if requested by the claimants and agreed by both parties.
- Settlements are financially sustainable and provide opportunities for self-determination for native title holders now and into the future.
- Settlement agreements are registered with the National Native Title Tribunal for accountability and transparency.
More information
We encourage you to contact the Department of Resources to discuss the framework and get support to form your claim.
If you would like more information about our native title compensation framework, email NTC@resources.qld.gov.au