Queensland Government Reverses Secret Policy on Native Title Claims
The Queensland government has executed a dramatic reversal of a secret policy that mandated contesting every new native title claim in court. This backflip occurred just before the government was scheduled to appear before the federal court to justify its decision to cease negotiations with Cape York traditional owners.
In a surprising turn of events, the Liberal National party's stance remains ambiguous. Queensland Natural Resources Minister, Dale Last, reinforced the government's intent to challenge native title in a statement to Guardian Australia on Tuesday, despite the policy reversal.
Background on Native Title Claims
Typically, native title claims are resolved through mutual consent between traditional owner groups and the state government, leading to a consent determination hearing in the federal court. Litigated claims are rare due to their higher costs, slower processes, and increased complexity for applicants.
However, in February, Minister Dale Last issued an order requiring all native title claims to be contested. This directive was disclosed in an affidavit by Amy Rosanowski, the acting director general of the Department of Natural Resources and Mines, Manufacturing and Rural and Regional Development.
Federal Court Intervention
Federal Court Chief Justice Debra Mortimer, in a court order reviewed by Guardian Australia, noted that the state had begun opposing parts of a claim it had previously accepted, seeking to move these areas to trial. On March 6, Mortimer ordered Rosanowski to explain the state's changed position by the following Monday.
In her affidavit, Rosanowski detailed that Director General Graham Fraine relayed Last's order on February 17, instructing that native title determination applications should be contested. Fraine subsequently went on leave, and Rosanowski communicated this instruction to staff two days later.
She directed Native Title and Indigenous Land Services officers to stop reviewing connection materials for consent determinations, advise the Cape York claim applicant that the state did not accept connection, and push for the undetermined area to proceed to trial.
Policy Reversal and Ongoing Uncertainty
Following internal departmental concerns, Rosanowski consulted with Minister Last on March 9, who then advised that the undetermined area should not go to trial. She lodged her affidavit the next day, and the matter was heard in court on March 12.
The affidavit clarified that the minister no longer required all undetermined areas to proceed directly to trial, and the state's current position accepted connection in principle. However, Last's subsequent statement to Guardian Australia reiterated the government's commitment to representing all Queenslanders' interests, suggesting a continued willingness to contest native title.
Chief Justice Mortimer expressed concern that the policy shift had created uncertainty in Queensland's native title claims, prompting a case management hearing. Solicitor General Gim Del Villar, representing the state, assured the court that there was no blanket policy to take all matters to trial, with decisions based on evidence and case specifics.
Dan O'Gorman, representing the claimant, expressed relief that the situation appeared unchanged, opting not to comment on events between February 17 and March 10.
This reversal highlights ongoing tensions in native title negotiations, with implications for Indigenous rights and governmental accountability in Queensland.
