Does Native Title Affect Global Competitiveness?
James Nugent jnugent@bigpond.com ABSTRACT: In 1992 the Australian High Court decision known as ‘Mabo No.2’ set aside the legal construct of terra nullius and explicitly recognised a form of native title in Australia. The State governments and mining industry predicted and actively purveyed a sense of doom for local investment as a result. The decision and the Federal government’s legislative response, The Native Title Act 1993 (‘NTA’), were viewed as unfriendly to business by the State Governments who initiated a campaign of obstruction – refusing to issue mining and exploration tenements – to force change by the Federal Government.Internationally the cold war had ended and formerly closed countries were making geologically prospective land available and amending their mineral policies to attract foreign mining investment. Australian mineral industry representatives warned of dire consequences since capital would seek more amenable jurisdictions overseas and domestic exploration would
