Alarmist: Mr Ritter says each native title claim is decided on different facts.
Last Update: Friday, October 6, 2006. 5:11am (AEST)

Perth native title appeal 'alarmist'

The Federal Government has been accused of misleading the public about the impact that a native title decision over Perth could have on other major cities in Australia.

The Federal Government yesterday announced it will appeal against the decision by Justice Murray Wilcox, which acknowledged native title for the Noongar people over the metropolitan Perth area.

Attorney-General Philip Ruddock says the decision amounts to a substantial departure from the High Court's determination in the Yorta Yorta case and could have significant implications for all capital cities and major towns.

But a native title expert from the University of Western Australia's Law School, David Ritter, says the Federal Government is being alarmist.

"Each native title claim is decided on its own facts," he said.

"I think it's really probably a superfluous remark to make that a decision on one set of facts will have implications for other sets of facts.

"The fact is that the native title system has now functioned for more than a decade and has demonstrated that native title is nothing to be afraid of."

The native title ruling is relevant to a wider claim by the Noongar people that covers a large tract of south-western Western Australia.