Aboriginal Corporations

In reply to the Hon. F. PANGALLO ().30 April 2025).

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State): I have been advised:

Native title legislation is governed primarily by the Native Title Act 1993 (Cth) (NTA), which is federal legislation enacted in response to the Mabo v Queensland (No 2) decision of the High Court in 1992.

Under the NTA, native title occurs through a determination of the Federal Court. If native title is found to exist, the claim group must nominate a prescribed body corporate (PBC) to hold or manage the title on their behalf.

On 14 March 2023, the Federal Court recognised the Narungga people as the native title holders of the Yorke Peninsula.

Narungga Nations Aboriginal Corporation (NNAC), as required under the NTA, became the registered native title body corporate (RNTBC).

As part of the settlement of the claim, the state and the Narungga reached a settlement reflecting the state's existing compensation liability arising under the NTAfor the extinguishment of native title by the state in the Yorke Peninsula. A settlement amount of $50 million was provided to NNAC, with another $5 million for administration support and the transfer of land in fee simple.

Compensation is determined through a carefully considered process which assesses the just terms compensation under the Native Title Act, and encompasses for both economic and non-economic (or cultural) loss, together with interest on the economic loss calculated from the date of each extinguishing act.

Prior to any payments being disbursed to a native title body from the state, due process is undertaken to ensure common law holders are ideally positioned to be the beneficiaries of the settlement compensation.

NNAC is also regulated by the federal independent statutory regulator Office of Registered Indigenous Corporations (ORIC). ORIC ensures RNTBC's operate lawfully, transparently, and effectively.