Private sector beneficiaries of future acts should be aware that Government parties may look to pass on native title compensation liability.
In Griffiths v Northern Territory of Australia (No 3) [2016] FCA 900 (Timber Creek), the Federal Court finally made its first determination of compensation under the Native Title Act - and the "price" put on native title rights and interests exceeds the rules of thumb adopted by many in Government and industry.
Context for the Timber Creek decision
In Mabo v Queensland (No 2) (1992) 175 CLR 1, the High Court held that the common law recognises a form of native title that reflects the entitlement of Aboriginal people and Torres Strait Islanders, in accordance with their traditional law and custom, to their traditional lands. In response to Mabo, the Commonwealth enacted the Native Title Act 1993 (Cth) (NTA), the objects of which included the establishment of a mechanism for determining native title claims.
