@next2us - Re your question about if I have seen anything about native title - I had not. However, I did a quick google to confirm my understanding that if Native Title has been extinguished, it would be difficult if not impossible for that to change based on current laws.
NTSCORP Limited is the is the Native Title Service Provider forAboriginal Traditional Owners in New South Wales and the Australian CapitalTerritory. Their website is ntscorp com au and from the fact sheet ontheir website titled "What is Native Title" it states:
What is Native Title?Native title is the legal recognition of the individual or communalrights and interests which Aboriginal people have in land and water,
where Aboriginal people have continued to exercise their rights and interestsin accordance with traditional law and custom since
before the British asserted sovereignty over Australia. In order for nativetitle rights and interests to be formally recognised under the
Native Title Act (1993) Cth, it must be established that:
1. The native title claim group have rights and interests that are possessedunder traditional laws acknowledged and traditional
customs observed;
2. The native title claim group by those laws and customs, have a connectionwith the land or water; and
3. That those rights and interests are capable of being recognised byAustralian law.
Where Can You Claim Native Title?Native title cannot be claimed in areas wherethe law says native title has been extinguished, even if Aboriginal peoplestill have a
traditional connection to that land or water.
Areas where you may be able to claim native title include:
• Vacant Crown land;
• National Parks;
• State Forests;
• Crown reserves;
• Some types of non-exclusive leases;
• Land covered by permissive occupancies & licences; and
• Inland waters and the sea.
Native title rights and interests, if recognised, must co-exist with anyinterests other people have in the same land and water.
I had been of the understanding that therewould need to be a Nation/Mob ofAboriginal peoples that had a continuing connection to the land in order toestablish Native Title and if Native Title has been extinguished, then it wouldbe difficult for a Nation/Mob to then establish that continuing connection tothe land (Please correct me if Nation/Mob is not the appropriate term to use).
Please note in the above where it says "Native title cannot be claimed inareas where the law says native title has been extinguished". Therefore, there not be a requirement to get a Native Title Approval for anarea where native title has been extinguished.
I therefore presume that if it was established that the area where the Hawsonsproject is located had Native Title Extinguished in 2011 that would remain thecase today.
I note your reference to the statement from the 2022 Annual report. Whilst Native Title appears to have has been extinguished for the Hawsonsproject, there may be areas of the proposed pipeline or port where this is notthe case and therefore appropriate for the Board to make such statements.
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@next2us - Re your question about if I have seen anything about...
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