The Failures of Native Title in Australia: A Source of Division, Not Reconciliation

Published by Julie Hall, Candidate for Whitsunday

As a vehicle for reconciliation, native title has been a complete failure. All it does is create further division in Australia.

Reconciliation should be a process entered into freely and with goodwill, not arbitrarily imposed on unwilling participants.

Native title claims are imposed. Affected non-indigenous individuals and communities are not consulted. Governments and councils get a say, but their submissions on these claims never reflect the views of the communities they’re supposed to represent.

Australia today is not the largely unexplored continent of scattered British penal colonies and indigenous people it was in the early 19th century. Today, it’s a modern nation that has been built by every Australian, indigenous or otherwise. We have all contributed to the Australian story, and we should all share its land and its wealth, as well as its history—the good and the bad.

Native titles contradict this principle of equality. For one group of Australians to take over the country using exclusive rights that other Australians do not have is discrimination.

The proposal for a voice to Parliament also contradicted the same principle, but in that case, at least every Australian had a say in it and most of us – especially here in Central Queensland, where the no vote was around 80%—firmly rejected it. What a waste of $450 million that could have been better spent, for example by restoring funding to councils now shouldering the legal costs associated with assessing native title claims, while the claimants’ costs are still funded by taxpayers.

There are more than 70 native title applications waiting for determination. One of them includes a claim on the Central Queensland coast from Bowen to Midge Point, extending west to Monte Cristo and east to encompass Lindeman Island, the Whitsundays, Gloucester Island, and all the waters in between. Do we really know what these claims legally mean? My concern is how will these titles affect us in the future? The possibility that it will affect our tourism industry is real, given that this native title claim encompasses the Islands of the Whitsunday, including Whitsunday Island with its iconic Whitehaven Beach. Could it also affect fishing the waters contained within the title area or your ability to island hop in the future?

We’re told there’s nothing to worry about, nothing to see here, life will go on as usual. And that might be true of some of these claims under the existing legislation. But legislation can be changed, and who’s to say that a settled native title claim won’t lead to more exclusive rights and access being claimed later under a minority Labor government depending on the Greens to stay in power?

Australia should be able to be enjoyed by all Australians with equal rights; native title shows dangers of rights being based on race. It also raises concerns about what effect native title will have on our economic future and industry in the years to come regarding tourism, mining, farming and fishing. If Queensland becomes one big native title cultural heritage site what will that actually mean? We should get really clear on this now because we are heading down a very slippery slope of division as more and more titles are approved and more and more native title claims threaten to lock out anyone who is not a traditional owner.

If this is concerning you, then save the date of Sunday 4 August where I will be hosting special guests One Nation Senator Malcolm Roberts and law lecturer Hugh Carter here in the Whitsundays to explain native title and its legal implications. Venue to be advised.