The Federal Court of Australia's landmark decision in August last year for the Native Title Case, Griffiths v Northern Territory (also known as the Timber Creek Case), may set a far reaching precedent for local governments.
If confirmed on appeal, the decision will impact the calculation of compensation for the loss of native title rights, freehold and tenure grants, state land acquisition and Indigenous Land Use Agreements (ILUA).
The LGAQ Policy Executive supported the LGAQ’s recommendations to monitor the progress of the case and begin a dialogue with the State and Federal Government regarding the implications. It also recommends the LGAQ communicate with councils regarding potential responses to this legal precedent.
The court ordered that $3.3 million in compensation be awarded to the Ngaliwurru and Nungali people, Aboriginal custodians of land at Timber Creek, whose native title rights were extinguished under the Native Title Act. This is the first time a court has been called upon to calculate the value of land rights.
Indigenous Australians can claim a range of native title land rights under the Native Title Act if they can prove an ongoing connection to the land. These rights can be lost if freehold title or leases have been granted on the land, a mechanism which protects farmers and property-owners. Under the legislation, traditional owners can claim compensation from authorities for dispossession.