The "Ten Point Plan" refers to a series of amendments to the Native Title Act 1993, introduced by the Australian government in 1998 under Prime Minister John Howard. These amendments were a response to the High Court's decision in the 1996 Wik case, which determined that native title could coexist with pastoral leases, leading to significant uncertainty and debate over land rights. The "Ten Point Plan" aimed to provide more clarity and certainty for all parties involved, particularly for pastoralists and other non-Indigenous landholders. Here are the main points of the plan:
Validation of Intermediate Period Acts:
This point sought to validate certain acts done on land where native title existed or might exist, ensuring that acts such as grants of land or interests in land made after the 1993 Native Title Act and before the 1996 Wik decision were valid.
Confirmation of Extinguishment of Native Title:
The plan aimed to clarify the types of land tenure that would extinguish native title, ensuring that certain land uses, such as freehold grants and residential leases, would not be subject to native title claims.
Primary Production Upgrades and Extensions:
It provided that pastoralists could upgrade their leases or extend their activities (e.g., by diversifying their farming practices) without requiring negotiations with native title holders, subject to certain conditions.
Native Title and Commercial Leases:
The amendments sought to ensure that commercial leases, mining leases, and other specified tenures granted after 1993 would have clear legal standing, reducing uncertainty for leaseholders.
Provision of Public Infrastructure:
It clarified that governments could acquire land for public infrastructure projects without needing to negotiate with native title holders, although compensation would still be payable.
Compulsory Acquisition and Compensation:
The plan maintained the right of governments to compulsorily acquire native title land for various purposes but provided for compensation to native title holders.
Water Rights and Fishing Rights:
It addressed issues related to native title rights over water and fishing, ensuring that existing water and fishing rights were not affected by native title claims.
Right to Negotiate:
The plan modified the "right to negotiate" process, limiting it in some cases and providing alternative processes in others. For instance, it introduced a threshold test to determine whether negotiations were required and allowed states and territories to set up their own regimes for managing native title negotiations.
Indigenous Land Use Agreements (ILUAs):
The amendments encouraged the use of ILUAs, which are voluntary agreements between native title groups and others about the use of land and waters, as a flexible way to resolve native title issues.
Bodies Corporate and Other Matters:
It included provisions to improve the functioning of prescribed bodies corporate (PBCs), which hold and manage native title rights on behalf of native title holders, as well as other administrative and technical amendments.
The "Ten Point Plan" was controversial, with proponents arguing that it provided necessary certainty and stability for landholders and the economy, while critics contended that it significantly weakened native title rights and favored non-Indigenous interests. The amendments were enacted through the Native Title Amendment Act 1998.