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The Minerals Council of Australia appreciates the opportunity to inform the Senate Legal and Constitutional Affairs Committee’s inquiry into the Native Title Legislation Amendment Bill 2019.

The MCA represents Australia’s exploration, mining and minerals processing industry, nationally and internationally, in its contribution to sustainable development and society. MCA members represent the majority of Australia’s total minerals production, with the sector directly employing around approximately 240,000 people and generating around $273 billion of export income.

In addition to its significant economic contribution the minerals industry is committed to operating responsibly to support social inclusion and sound environmental outcomes.

Native Title Amendment Bill

The minerals industry is privileged to partner with Aboriginal and Torres Strait Islander peoples and communities, including Traditional Owners, across Australia. The industry’s approach is founded in recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia, and mutual respect and recognition of rights and interests.

The Native Title Act 1993 (Commonwealth) establishes comprehensive legal processes and requirements for consulting and negotiating with Traditional Owners regarding access to land. The minerals industry’s particular interest in the act arises as native title covers much of the land on which it operates. Over the past 20 years the minerals industry has entered into thousands of agreements with Traditional Owners regarding minerals development.

The MCA generally supports the bill, which includes measures to provide greater certainty and improve operation of the Act. While not including all recommendations made by the MCA, the bill contains important reforms to support a more practical native title framework by addressing many long-standing technical and administrative matters.

The MCA notes the bill has been informed by significant stakeholder consultation. Key technical reforms contained in the bill are drawn from extensive reviews including by the Australian Law Reform Commission and the Council of Australian Governments as well as the recent two year consultation process undertaken by the Commonwealth Government.