Between 70 to 80% of Australia’s landmass by 2030 is expected to be untransferable native title land. Warren Mundine OAM, former CEO of NSW said, native title would cover as much as 70% of Australia by 2030 and the Hon Dr Gary Johns said it was more like 80% (see here at p..85).
Native title land is controlled by Aboriginal organisations which do not offer individuals land shares and/or property ownership rights. It has proven useless to Aboriginal people and has prevented them from achieving economic independence. These organisations encourage dependence upon social housing which is problematic because Australian social housing rules prevent tenants from gaining independence because rent is increased dramatically when tenants work. Thus the rules do not encourage enterprise and stifles home ownership. Unlike other countries, there is no share in equity for renters in our social housing system. Tom Calma, former ATSIC Social Justice Commissioner and Co-Chair of Ken Wyatt’s Voice said, ‘Native title is at the bottom of the hierarchy of Australian property rights’.
Australia introduced the Native Title Act in July 1977 however the effect of it began in 1996 when the Native Title Act 1993 law was passed by Parliament. The purpose was to provide a national system for the recognition and protection of native title and for it to co-exist with the national land management system. In the second reading of the Native Title Act 1993 speech, Paul Keating said:
Today we move that much closer to a united Australia which respects this land of ours, values the Aboriginal and Torres Strait Islander heritage and provides justice and equality for all, and he concluded by saying, Already, in the process of developing the Bill, we have learned a great deal about each other and how to work together. We have extended the frontier of our mutual understanding. Perhaps the most outstanding but by no means the only, example of this has been the participation of representatives of the combined Aboriginal and Torres Strait Islander Organisation Working Party in the unprecedented negotiations leading to this legislation. In hailing what she termed `a remarkable settlement and historic agreement', Lois O'Donoghue, the Chairperson of ATSIC said and I quote, `indigenous affairs will never be the same again in our nation'. It is for that reason above all, that I commend this bill to the House. I present the explanatory memorandum”.
Unfortunately, this legislation is best described as a colossal failure of common sense, designed by the same elite group of six Aboriginals who designed the Voice, and who were the same group invited to negotiate with Prime Minister Keating. There was no process and communities must live with the consequences, none of which can be described as sensible. It has resulted in family fights which were not a problem previously. For example, my mother told me there were only two families involved and Pacific Islander groups who had falsely claimed Aboriginal heritage became involved. $10 million was on offer and this group took it. The funds where never seen again.
From an economic perspective, Native Title has provided Aboriginal Australians with no independence and simultaneously mining titles which previously gave title have now severely diminished. The Act has been poorly drafted and has removed useful functions. Native Title is now untransferable and therefore land cannot be sold or mortgaged and it is unclear about ownership, geographic extent and conferred rights. It has proven useless to Aboriginal people and a nightmare for investors because of the uncertainty. It has cost our nation productivity, opportunities, employment and gives Aboriginal people no rights to become economically independent.
Gary Foley an Aboriginal activist, academic, writer and actor was part of a group who in 1972 established the Aboriginal Tent Embassy in Canberra and the Aboriginal Legal Service in Redfern has said,
The Native Title Act [is a] fraud. It was negotiated by a group of unrepresentative swill - unelected, self-appointed or government appointed. Keating said, we'd better find some Aboriginal people to negotiate with, we'll have you, you and you. This is the manner in which the so called A-team of Aboriginal negotiatorscame about. An incompetent bunch they were. The Professor of Indigenous Studies at Melbourne University, Marcia Langton, Noel Pearson ... these people are not mugs, and yet they signed off on an … We saw Noel Pearson and Marcia Langton and Lois O'Donohue up there in Parliament clinking champagne glasses, patting themselves on the back, patting Paul Keating on the back, saying this was one of the greatest things in the history of Aboriginal Australia.
The Australian Native Title Act provides a mechanism for the green elites to push for an end to private property ownership for working Australians. ANU Professor, Jon Altman who is an associate of Bruce Pascoe said the native land title the system provides an opportunity for, 'real utopias to be envisioned on Indigenous lands for those fortunate enough to repossess them.'
 Native Title Bill 1993, Second Reading, Parliament of Australia, 16 November 1993, House Hansard, p. 2877.