The Australian Law Reform Commission has released a review of the native title Future Acts regime, the system that governs dealings affecting native title land. Speaking to the ABC, Jamie Lowe, the chief executive of the National Native Title Council, welcomed the report, saying the commission had done an excellent job and that it was now up to the sector to see it implemented.
A central issue in the review is compensation for traditional owners. Lowe explained that this works through a negotiation process, in which the parties negotiate a settlement reflecting what the impairment to land may look like. Depending on the outcome, the result could be more, could be the same, or could be more expedited, with the aim of creating a system that works better for proponents, states and traditional owners alike.
Lowe placed the review in a longer context, noting that it comes six years after the Juukan Gorge disaster. He recalled that there had been a report tabled in parliament saying never again, along with a way forward, underlining how long the push for change has taken since that episode.
According to Lowe, the work touches on a number of recommendations. Among them are the reform of the Aboriginal and Torres Strait Islander Heritage Protection Act, the Future Act reform itself, and resourcing for PBCs. He said that wise people had told him these things take time and that those involved needed to be in it for the long game, acknowledging the reality of political cycles.
Lowe commended the government for commissioning the report and praised the work of the Australian Law Reform Commission. At the same time, he stressed that acting on the review would require the Commonwealth to legislate, describing the path to putting the recommendations into effect as one that depends on action at the national level.
Framing the moment more broadly, Lowe said it was now time for Australian governments, First Nations people and Australians more generally to work together to close the gap. He linked that goal to the compensation owing to First Nations people, presenting the review of the Future Acts regime as something that speaks directly to that issue.