![There's concern the move could hurt equity when it comes to resolving native title claims. Picture by Shutterstock. There's concern the move could hurt equity when it comes to resolving native title claims. Picture by Shutterstock.](/images/transform/v1/crop/frm/224684249/bc1967e1-8698-4721-b03a-fb652897fb60.jpg/r0_0_5184_3456_w1200_h678_fmax.jpg)
Farmers are worried a move by the federal government to permanently abolish a pair of schemes providing financial support in native title matters will leave them at a disadvantage.
Subscribe now for unlimited access to all our agricultural news
across the nation
or signup to continue reading
Since 1996, landowners have been to able to apply for Commonwealth funding under the Native Title Respondents Funding Scheme and the Native Title Officer Scheme to cover legal costs in responding to native title claims and settlements.
The schemes have already been defunded in line with a Labor commitment at the 2022 election, but the legislation underpinning them could soon be repealed as part of an omnibus bill addressing a range of "miscellaneous measures" in the Attorney-General's portfolio.
The National Farmers' Federation is concerned the absence of support will slow down settlements of native title claims and has called on the government to rethink the decision.
NFF president David Jochinke said the system as it stood before the cuts was "fair and equitable" for everyone.
"Not only does the scheme increase farmers' understanding of native title issues, it coordinates instructions to legal representatives and groups respondents in claim areas," Mr Jochinke said.
"Grouping native title respondents provides a single point of contact and coordinates legal support making a complex process more efficient.
"The last thing we want to see is a process involving hundreds of solicitors that would only add layers of complexity, costs and create delays that would be detrimental to both the respondents and the claimants."
The federal government projects it will save $6.4 million over four years since cutting the funding in its October 2022 budget, although costs will continue to be paid for grants issued before the change.
In a budget estimates hearing last December, Senator Lidia Thorpe asked what financial and legal support would be available after the schemes were initially defunded.
Taking the question on notice, the Attorney-General's Department said "most issues of law had been settled over the years" and respondents would now deal with the matters as a business cost.
A spokesperson for the Attorney-General reiterated similar lines this week.
"Many current native title respondents are commercially viable business and responding to native title matters forms part of their ordinary business activities," they said.
"In addition, many issues of native title law have been settled in the 30 years since the Native Title Act 1993 was passed, and its effect on existing rights and interests is more certain."
According to a digest of the omnibus bill the schemes had also become highly tightened by reforms, with an emphasis on mediation over litigation, and funding restricted to situations involving significant financial hardship and "novel questions of law" or "unusual requirements imposed by the courts".
While repealing section 213A of the Native Title Act would do away with the legislative basis for assistance for respondents from the Attorney-General's office, Aboriginal and Torres Strait Islander people could still seek assistance for legal costs under the Special Circumstances Scheme.
Nationals leader David Littleproud said the move was divisive and unfair, especially in the wake of the Voice to Parliament referendum.
"Labor's ideology doesn't match with the practical reality and the need to assist farmers and pastoralists when it comes to native title claims," Mr Littleproud said.
"The scheme allowed for legal costs to be reduced and proceedings streamlined, removing the need for numerous lawyers and parties involved, while also reducing the complexity of claims and time delays.
"To rip the scheme away will cost farmers money, time and effort. It will place an enormous burden on farmers and leave them very much alone in native title claims."
The bill has been referred for discussion in the Federation Chamber, with parliament slated to return in February next year.