Can environmental health controls be enforced on the exercise of native title rights and interests?
There are many unanswered questions in relation to the enforcement of environmental health controls on the exercise of native title rights and interests. At this stage it is clear that native title is subject to existing Commonwealth, State and Territory and local laws, including land use planning schemes, health and building by-laws and environmental protection legislation. Generally, all State/Territory and Local Government laws apply to native title provided they are consistent with the Native Title Act 1993 (Cth). Care must also be taken not to breach the Racial Discrimination Act 1975 (Cth) when applying State or local laws to native title holders/registered applicants.
