Native Title Newsletter
Nov/Dec 2005 No. 6/2005
Contents
Breaking News……………………………….2
Feature………………………………………..3
What’s New …………………………………..5 WHAT’S NEW WITH THE NTRU! Native Title in the News……………………11 • Visit the new AIATSIS website Applications Lodged with the NNTT………18 • First positive determination of Registration Test Decisions………………..19 native title in Victoria!
Notifications………………………………….19 • Bardi Jawi fully determined
ILUAs…………………………………………20
Derminations………………………………...21
Recent additions to the AIATSIS Library…22
What’s New with the NTRU………………..26
The Native Title Newsletter is published every second month. The newsletter includes a summary of native title as reported in the press. Although the summary canvasses media from around Australia, it is not intended to be an exhaustive review of developments. The Native Title Newsletter also includes contributions from people involved in native title research and processes. Views expressed in the contributions are those of the authors and do not necessarily reflect the views of the Australian Institute of Aboriginal and Torres Strait Islander Studies.
BREAKING NEWS Native Title System Reforms
First recognition of native title in Victoria Time is running out to lodge submissions regarding the proposed reforms to the native On 13 December the Federal Court recognised title system. Visit the Attorney-General’s native title in the Wimmera region of Victoria website at through a consent determination of the www.ag.gov.au/nativetitlesystemreform for Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and current information regarding: Jupagulk claims. This is the first positive determination of native title to have been made • The release of a discussion paper in Victoria. The decision comes after the about proposals for technical Federal and High Courts’ decision that the amendments to the Native Title Act Yorta Yorta people did not hold native title and 1993 (22 November) - the discussion offers hope for a positive determination of paper is available at native title to traditional owners in the rest of http://www.ag.gov.au/nativetitlesystemr Victoria and other parts of densely populated eform or by contacting the Attorney- Australia. The Federal Court’s determination General's Department Native Title Unit was made with the consent of all stakeholders, on (02) 6250 5552. Responses are including the State and Commonwealth requested by 31 January 2006. Governments, farmers, recreational users and other respondents. The decision settled three • The release of a consultation draft of native title claims that had been lodged over proposed guidelines for the Native Title 9,642 sq km in the Wimmera region between Respondents' Financial Assistance 1995 and 1999. Over 400 parties agreed to the Scheme to strengthen the focus of the determinations and an agreement package that scheme on agreement-making over delivers benefits to the native title holders. The litigation (23 November) - the Court also recognised the claimants' non- consultation draft is available at exclusive native title rights to hunt, fish, gather http://www.ag.gov.au/nativetitlesystemr and camp in the Crown reserves that total 269 eform and submissions are requested sq km along the banks of the Wimmera River. before 10 February 2006. Native title will not be recognised over the remainder of the claim areas. However, due to • On 23 November Minister Vanstone the agreement package, the native title holders announced proposed reforms to Native will have other rights and benefits in these Title Representative Bodies - further remaining areas. See our Feature for a information is available at discussion of the decision by the claims’ http://www.oipc.gov.au instructing solicitor, Katie O’Bryan of Native Title Services Victoria. As part of the reforms, the Australian Government is currently undertaking targeted consultations with a range of stakeholders about native title Prescribed Bodies Corporate (PBCs). Interested stakeholders can contact the Attorney-General's Department Native Title Unit on (02) 6250 5552 or [email protected]
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Left - Right: Suzie Skurrie, Aunty Hazel McDonald, Aunty Irene Harrison, Justice Merkel, Aunty (Professor) Eleanor Bourke, Kaylene Clarke and Uncle Peter Murtikos
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FEATURE claim area), funding for a cultural/community centre, and importantly, funding for the The Tide Has Turned – The Wotjobaluk, administration and operation of a Prescribed Jaadwa, Jadawadjali, Wergaia and Jupagulk Body Corporate. Consent Determination However this consent determination was a long Katie O’Bryan time coming, and encountered many hurdles along the way. Katie O’Bryan works at Native Title Services Victoria and was the instructing solicitor on the Wotjobaluk, Jaadwa, The main Wotjobaluk, Jaadwa, Jadawadjali, Jadawadjali, Wergaia and Jupagulk native title claim from Wergaia and Jupagulk native title claim was April 2004 when she commenced work at NTSV. Prior to first lodged in 1995. At that time, it was known that she worked at the Goldfields Land and Sea Council in Western Australia and was the instructing solicitor on the simply as the Wotjobaluk claim. Although the Wongatha native title claim. During this time she has also claim’s external boundary encompassed a large been undertaking (and has just completed the requirements area in the Wimmera region (estimated to be for) a Master of Laws in Environmental Law, focusing on 15% of the State), the claim only related to indigenous issues. Crown lands and waters within that boundary. Thus the claim itself encompassed only around On the 13th December 2005, the first positive 4-5% of the State. The claim was bounded in determination of native title in Victoria was the west by the South Australian border, Ouyen handed down by Justice Merkel. This in the north-east and Ararat in the south-east. determination was made by consent in favour of A couple of smaller associated claims were the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia lodged in 1997 and 1999. Following and Jupagulk peoples. As noted by Merkel J, it amendments to the Native Title Act in 1998, the is significant as it demonstrates the fact that: claims were accepted for registration, the main claim being referred to mediation in September
1999. “the ‘tide of history’ has not ‘washed
away’ any real acknowledgement of Following a number of years of intense traditional laws and any real negotiations with the Victorian Government, an observance of traditional customs by in-principle agreement to settle the claim was the applicants and has not, as a reached in October 2002. After the in-principle consequence, resulted in the agreement had been reached with the State foundation of their native title 1 Government, it was then necessary to get all of disappearing.” the other respondent parties (of which there were over 400) on board. The terms of the settlement involve a determination which recognises native title It took a further year of mediation before the rights to hunt, fish, gather and camp for Commonwealth Government agreed to lend its personal, domestic, and non-commercial support to the in-principle agreement, which communal needs along approximately 153km of eventually occurred in November 2003. Once the length of the Wimmera River (approximately the Commonwealth Government had indicated 269 km sq), and a determination that native title that it would support the proposed Consent does not exist over the remainder of the claim Determination, the other respondents gradually area. fell into line.
In addition, the settlement of the claim involves During this time, the Representative Body and the transfer in freehold of 3 parcels of culturally legal representative for the claim, Mirimbiak significant land to the native title holders, Nations, had its Rep Body status withdrawn. Its consultation rights in approximately 30% of the replacement, Native Title Services Victoria, took original claim area, being an area in which the over the role as the claimants’ legal native title holders have a close cultural representative in August 2003. connection (the core area), co-operative management arrangements in various state Even once agreement in-principle was reached forests and national parks within the core area with all parties, the preparation of the (amounting to approximately 20% of the original documentation took up a substantial amount of time and resources. Draft documents were
1 constantly going back and forth between the Clarke on Behalf of the Wotjobaluk, Jaadwa, legal representatives of the parties for further Jadawadjali, Wergaia and Jupagulk Peoples v comments and redrafting. Victoria [2005] FCA 1795, [11].
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registered native title claimant), William (“Uncle In tandem with this process, the claimant group Jack”) Kennedy, had passed away only a few itself had to sort out numerous issues with months before the hearing of the Consent neighbouring claimant groups, and with various Determination. subgroups within the claim itself. Many meetings were held to identify the issues and to But, as Merkel J noted in his judgement, Uncle facilitate discussion and resolution. The claim Jack, despite not being there to see the was then amended in April of 2005 to reflect the Consent Determination handed down: outcomes of those meetings. These amendments included a reduction in the area of “had, in a practical sense, achieved the claim, an amendment to the claim group ‘what the elders expected of [him]’ by, description, and an amendment to the name of as was stated in his eulogy, ‘fighting for the claim to more accurately reflect the this little piece of country for his subgroups within the claim. The resolution of ancestors and for future generations.” the intra-indigenous issues also involved a restructuring and renaming of the organization That Uncle Jack did not live to see the Consent which was proposed to be the Prescribed Body Determination being handed down is one of the Corporate. This organization, the Barengi major regrets of the lengthy process taken to Gadjin Land Council, was incorporated in its th achieve recognition under the Native Title Act restructured form on 16 March 2005. 1993. Sadly, it is a situation that is not unique
to this claim. By mid-March 2005, the consent determination documents and associated agreements were in Like all claims settled by agreement, the substantially final form, and at a meeting on the th WJJWJ determination involved compromise, 19 March 2005, the claimants authorised all of and it is the traditional owners who have borne the documentation involved in the settlement of the brunt of that compromise. As one of the the claim. senior elders noted in her speech to the crowd
th assembled at the hearing: On the 15 July 2005, the first of the agreements, an Indigenous Land Use “We have made a very big compromise Agreement (ILUA), was signed by the to you Europeans within a system that registered native title claimants, the Barengi is your own, not ours. Gadjin Land Council, the State Government and the Commonwealth Government. After the In an imperfect system we are forced to conclusion of the statutory three month trade off, agree over long disputed notification period, the ILUA was finally th boundaries. We do this because we registered on 11 November 2005. The believe in a future for our children. Our registration of the ILUA was a significant step in past gives us this strength. the process leading to the Consent
Determination, as registration of the ILUA had We will never give up our identity, been made a condition precedent to the signing histories and cultures as long as one of of the Consent Determination orders. us lives and breathes, however there is
th a terrible trade off in terms of gaining By the 24 November 2005, all of the parties realistic resource outcomes and cultural had signed the proposed minute of Consent capacity for our endeavours.” Orders, which were then filed with the Court in anticipation of the hearing. However notwithstanding the compromises
involved, this determination has shown that The Consent Determination hearing was held th despite the devastating impact of the High on 13 December 2005 before Justice Merkel Court’s decision in Yorta Yorta,2 there is still of the Federal Court. It was held on-country at scope for native title to be recognized in Horseshoe Bend, located in the Little Desert Victoria. National Park on the banks of the Wimmera
River near Dimboola. The hearing was The Wotjobaluk, Jaadwa, Jadawadjali, Wergaia attended by the claimants, the Victorian and Jupagulk peoples, throughout their ten year Attorney-General, the Minister for Aboriginal struggle for recognition, showed enormous Affairs, the President of the National Native Title Tribunal and numerous other invited guests. However it was unfortunate that the 2 most senior member of the claim group (and a Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58
Native Title Newsletter Vol6/05 Page 4 Nov/Dec 2005 strength, patience and persistence, and in determination – final determination following doing so managed to succeed against the odds. contested proceedings – determination As a result, not only did they achieve a positive covering mainland area, offshore intertidal zone determination of native title for their people, but: and adjacent reefs and islets
“Uncle Jack Kennedy and his Wakka Wakka People # 2 v State of supporters have demonstrated Queensland [2005] FCA 1578 The application something of even greater importance, to be joined as a party in these proceedings be namely, that the tide of history has not dismissed. washed away all entitlements to native title in the South-Eastern part of Henry & Ors v Shellharbour City Council & Ors 3 Australia.” [2005] NSWLEC 600 Aboriginal :- whether alleged disturbance of Hopefully the tide has turned. artefacts amounts to a breach of the National Parks and Wildlife Act - not proved
Back to contents Sampi v State of Western Australia (No 2) [2005] FCA 1567 WHAT’S NEW French J, 4 November 2005, Perth. NATIVE Legislation TITLE - determination of native title rights and NTA Reforms interests - application for joinder of additional Information about the proposed NTRB reforms respondents post-hearing and judgment - is available at the OIPC website at application for separate and additional http://www.oipc.gov.au/NTRB_Reforms/QA_NT determination posthearing: proposed terms of RBarrange.asp Questions and Answers - draft determination - definition of Determination Changes to Native Title Representative Body Area - offshore areas; intertidal zone - areas (NTRB) Arrangements beyond intertidal zone; definition of native title rights and interests; definition of other interests. Attorney-General's Dept. Claims Resolution Review homepage (Review to improve the Clarke on behalf of the Wotjobaluk, Jaadwa, Resolution of Native Title Claims) Just added: Jadawadjali, Wergaia and Jupagulk Peoples v Guide to Making Submissions To The Claims State of Victoria [2005] FCA 1795 (13 Resolution Review Please visit December 2005) http://www.ag.gov.au/agd/WWW/agdHome.nsf/ FEDERAL COURT OF AUSTRALIA Page/RWP4DD89B50F9EB64A8CA2570A for Clarke on behalf of the Wotjobaluk, Jaadwa, more information. Jadawadjali, Wergaia and Jupagulk Peoples v State of Victoria [2005] FCA 1795 See also the Attorney-General’s site at http://www.ag.gov.au/nativetitlesystemreform Walker (Eastern Ku - Ku Yalanji People) v State for: of Queensland [2005] FCA 1517 Technical amendments to the Native Title Act Allsop J, 2 November 2005, Sydney. From the 1993 Discussion Paper; and judgment: " On 20 September 2005, I published Guidelines on the provision of financial my provisional views in reasons for judgment assistance by the Attorney-General under the on a notice of motion brought by Rodney Native Title Act 1993: Consultation draft George Parker to be joined as a party to these proceedings under s 84(5) of the Native Title Other Act 1994 (Cth) (the "Act"). Aboriginal Heritage Bill [FINAL] Exposure Draft/Victoria is available for download from Peter Hillig in his capacity as administrator of http://www1.dvc.vic.gov.au/aav/heritage_bill/Fin Worimi Local Aboriginal Land Council v al%20Exposure%20Draft%20for%20distribution Minister for Lands for the State of New South %20071005.pdf Wales [2005] FCA 1712 Recent Cases: Australia Bennett J, Sydney, 28 November 2005. Sampi v State of Western Australia (No 3) NATIVE TITLE – non-claimant application – [2005] FCA 1716 ABORIGINES – native title unopposed – no native title exists in relation to the land
3 Peter Hillig in his capacity as administrator of Clarke on behalf of the Wotjobaluk, Jaadwa, Worimi Local Aboriginal Land Council v Jadawadjali, Wergaia and Jupagulk Peoples v Victoria [2005] FCA 1795, [12] (Merkel J).
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Minister for Lands for the State of New South read about the latest news and events, and Join Wales [2005] FCA 1713 Our Mailing List. Bennett J, Sydney, 28 November 2005. ISBN 0 85575 467 2, pb, 210x150mm, 48 pp, NATIVE TITLE – non-claimant application – b/w & unopposed – no native title exists in relation to the land Other Australian Indigenous Knowledge and Libraries, Little and Others on behalf of the Badimia edited by Prof Martin Nakata & Prof Marcia People v Oriole Resources Pty Ltd [2005] Langton, has now been published by the FCAFC 243 Australian Academic and Research Libraries as French, Stone & Siopis JJ, 5 December 2005, AARL, Vol. 36, No. 2, June 2005; vi + 216pp; Perth. NATIVE TITLE – future acts – act ISBN 086804 563 2 & ISSN 0004-8623; price attracting the expedited procedure – grant of AUD29.95. Copies can be purchased from: Miscellaneous Licence: whether an act ‘likely to Australian Library and Information Association involve major disturbance to any land or waters Ltd. concerned’; whether likely to ‘create rights PO Box 6335 whose exercise is likely to involve major Kingston, ACT, 2604 disturbance to any land or waters predictive Australia assessment of likely major disturbance Email: [email protected] required; Tribunal proceeding on assumption This book is an outcome of the Libraries and that rights granted under Miscellaneous Licence Indigenous Knowledge Colloquium held at the could be exercised to full; construction unduly State Library of New South Wales in December favourable to appellants; Tribunal finding no 2004. likelihood of major disturbance – erroneous finding; evaluative judgment; court in position to Gibson, Johanna: Community resources: make substituted judgment; on predictive intellectual property, international trade and assessment no major disturbance likely; appeal protection of traditional knowledge Burlington, dismissed VT: Ashgate, c2005
Henry & Ors v Shellharbour City Council & Ors Guttman, Daniel. Australian and Canadian [2005] NSWLEC 600 approaches to native title pre-proof. Australian Aboriginal :- whether alleged disturbance of Indigenous Law Reporter Vol. 9. no. 3. 1 artefacts amounts to a breach of the National October 2005 Parks and Wildlife Act - not proved Hunter, Rosemary and Mary Keyes eds. (Sourced from NNTT Judgements and Information email Changing law : rights, regulation, and alert service) reconciliation Hants, England ; Burlington, VT: Ashgate, c2005 Back to contents Lea, Tess, Emma Kowal and Gillian Cowlishaw eds. Moving Anthropology: Critical Indigenous Publications Studies. Charles Darwin University Press. AIATSIS Native title-holding groups and native title Macquarie Atlas of Indigenous Australia. Both societies: Sampi v State of Western Australia authoritative and accessible, the Macquarie [2005] by Dr Lisa Strelein. Land, Rights, Laws: Atlas of Indigenous Australia is the first of its Issues paper No. 4, Volume 3. kind. An electronic version of a selection of the This paper is available for free download at maps, allowing interactive use, will be available http://ntru.aiatsis.gov.au/ntpapers/ip03v4.pdf on MacquarieNet at www.macquarienet.com.au
Aboriginal Studies Press Muecke, Stephen Textual spaces: aboriginality Hocking, Barbara Ann (editor) Unfinished and cultural studies Perth, W.A. : API Network, constitutional business?: rethinking indigenous Australian Research Institute, Curtin University self-determination Canberra: Aboriginal Studies of Technology, 2005 Press, c2005 New South Wales Aboriginal Land Rights Act Aboriginal Studies Press Aboriginal Studies Review Task Force Review of the Aboriginal Press invites you to visit Land Rights Act 1983 Issues paper 2: http://www.aiatsis.gov.au/aboriginal_studies_pr Structure, representation, governance and ess where you can order copies of ASP titles,
Native Title Newsletter Vol6/05 Page 6 Nov/Dec 2005 benefits Surry Hills, N.S.W Office of the http://www.nntt.gov.au/newsletter/hotspots/issu Registrar, 2005 es/16.html
Sutton, Peter: Social scientists and native title NNTT Indigenous Fishing Bulletin November cases in Australia Public Archaeology Vol 4 2005 This bulletin can be downloaded from 2005 http://www.nntt.gov.au/media/Projects.html
Back to contents Guide to future act decisions made under the Commonwealth right to negotiate scheme as at 30 September 2005 Compiled by Deputy Online Publications President of the National Native Title Tribunal, CAEPR the Hon. C.J. Sumner. This guide can be 277/2005 Tracking change in the relative downloaded from: economic status of Indigenous people in New http://www.nntt.gov.au/facasesguide/index.html South Wales J. Taylor Since its formation in
1990, CAEPR has produced a series of Talking Native Title research papers tracking progress in the Produced quarterly, Talking Native Title relative economic status of Indigenous people presents the latest news from the Tribunal and in New South Wales using mostly census data. includes current events, latest agreements, Viewed in sequence, the findings have emerging issues for all stakeholders and indicated a rise over time in the Indigenous updates about Tribunal services and staff. employment rate and a slight decline in the Added to the national issues are region-specific unemployment rate, but with both of these information updates ('extras'). December 2005 remaining substantially below equivalent rates and South Australia extra These publications for the State’s non-Indigenous population. This can be downloaded from: paper can be downloaded from: http://www.nntt.gov.au/publications/newsletters. http://www.anu.edu.au/caepr/277 html
278/2005 Capacity development in the international development context: Implications What’s New in the Library, Issue 12, December for Indigenous Australia J. Hunt Capacity 2005. This bulletin can be downloaded from development has become a key concept in http://www.nntt.gov.au/Library/files/Library_Bull international development in recent years. etin_Dec_2005.pdf Older approaches involving technical cooperation, in which knowledge and skills NNTT Annual report 2004–2005 were to be transferred to developing countries, The Annual Report 2004–2005 has been tabled have been unsuccessful. In contrast capacity in Parliament and contains detailed advice on development is viewed as an endogenous the Tribunal's financial performance, process within organisations and communities accountability to clients, mediation, arbitration, which are themselves embedded in wider assistance and other statutory functions. The systems. Understanding the features of these NNTT Annual Reports can be downloaded from systems which might support rather than inhibit http://www.nntt.gov.au/publications/annual_rep capacity development is therefore important. orts.html This paper can be downloaded from http://www.anu.edu.au/caepr/277 Human Rights and Equal Opportunity Commission National Native Title Tribunal Rights of Passage: A Dialogue with Young Native Title Hot Spots Issue 16 includes Australians about Human Rights summaries of cases about: Human Rights and Equal Opportunity * the appeal in the Murchison Davenport case Commission, Sydney, November, 2005. This * the determination of native title in the Blue report is available from: Mud Bay claim http://www.humanrights.gov.au/human_rights/ri * authorisation of the applicant in a claimant ghts_of_passage/download/ application * an interim decision in the Rubibi case on 'Voices of Australia' - The Good And Bad Faces communal v group native title Of Race Relations In Australia Over The Past * what constitutes a ‘major disturbance’ in 30 Years 31 October 2005 Acting Race expedited procedure matters Discrimination Commissioner Tom Calma and * future act determinations dealing with the Attorney-General, The Hon. Philip Ruddock questions of consent. This newsletter can be MP, launched the 'Voices of Australia’ project in downloaded from: Canberra to mark the 30th anniversary of the
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Racial Discrimination Act - Australia’s first anti- 2005. This paper can be downloaded from: discrimination law. http://www.fido.gov.au/bookup Visit:http://www.humanrights.gov.au/voices/inde x.html to download. Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land HREOC Race Discrimination Commissioner: Account 21 November 2005 Transcript of the Face the Facts - countering myths about public hearing in Brisbane; witnesses were: refugees, migrants and Indigenous people 2005 Russell Bellear, Charles Budby, Martin Dore, edition. This report can be downloaded from: David Galvin, Tony Johnson, Graeme Neate, http://www.humanrights.gov.au/racial_discrimin Marnie Parkinson, Trevor Robinson, Peter ation/face_facts/ Whalley, Murrandoo Yanner, and Justine Yanner. The transcript can be downloaded from Jumbunna Indigenous House of Learning http://www.aph.gov.au/hansard/joint/commttee/ McCausland, Ruth: Briefing Paper No. 3:The J8919.pdf ‘New Mainstreaming’ of Indigenous Affairs December 2005 Ngiya Institute for Indigenous Senator Amanda Vanstone: Address to Law, Policy and Practice, Jumbunna Australia and New Zealand School of Indigenous House of Learning, University of Government, ANU Canberra - 7 December Technology, Sydney The paper is available 2005. This speech is available from: online at: http://www.atsia.gov.au/media/speeches/07_12 http://www.jumbunna.uts.edu.au/news/downloa _2005_ANZSOG.htm ds/mainstreaming_05.pdf Other McCausland, Ruth: Negotiating Shared 2004-2005 Review Of The Aboriginal Land Responsibility Agreements: A Toolkit December Rights Act 1983 Issues Paper 2: Structure, 2005 Ngiya Institute for Indigenous Law, Policy Representation, Governance And Benefits. and Practice. The paper is available online at: Prepared for the New South Wales Aboriginal http://www.jumbunna.uts.edu.au/details.html?It Land Rights Act Review Task Force 9 emId=2861&ItemDate=2006-01-13 November 2005. The review can be downloaded from: Government Publications http://www.alc.org.au/news/alra/ Aboriginal and Torres Strait Islander Heritage Protection Amendment Bill 2005 Parliament of No. 19: Deaths in custody in Australia : National Australia Department of Parliamentary Services Deaths in Custody Program annual report 2004 Parliamentary Library. Information analysis and Jacqueline Joudo and Marissa Veld. Australian advice for the Parliament 30 November 2005, Institute of Criminology, 2005. This paper can no. 67, 2005–06, ISSN 1328-8091 Moira be downloaded from: Coombs, Law and Bills Digest Section. This http://www.aic.gov.au/publications/tbp/tbp019/tb report can be downloaded from: p019.pdf http://www.aph.gov.au/library/pubs/bd/2005- 06/06bd067.pdf Democratic Audit. The Political Science Program in the Australian National University's Australian Institute of Health and Research School of Social Sciences is Welfare. Commonwealth-State Housing conducting an Audit to assess Australia's Agreement National Data Reports 2004-05 : strengths and weaknesses as a democratic state owned and managed Indigenous society. Recent contributions include Larissa housing. Canberra: AIHW. 14December 2005. Behrenht on ‘The End of ATSIC’ Visit This report can be downloaded from: http://democratic.audit.anu.edu.au/ for more http://www.aihw.gov.au/publications/index.cfm/ti information. tle/10183 Traditional Knowledge Recording Project Australian Public Service Commission. State of Balkanu Cape York Development Foundation. the Service Report 2004-05. Canberra : Visit this website at http://www.tkrp.com.au/ APSC. 28 November 2005. This paper can be downloaded from: Back to contents http://www.apsc.gov.au/stateoftheservice/0405/i ndex.html Upcoming Events The Makers and Making of Indigenous Australian Securities and Investment Australian museum collections Commission: Dealing with bookup: a guide
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Thursday 9 February to Saturday 11 February Call for papers: “Africa's Indigenous Science 2006, Melbourne Museum. For more and Knowledge Systems” Location: Nigeria information visit the website at: October 24th -27th, 2006. Deadline for http://www.museum.vic.gov.au/whatson/show.a abstract is April 28, 2006. Full paper should be sp?ID=562031&venue=1000&type=101 submitted by September 29th. Venue of the conference is Nasarawa 24-25 February 2006: Rhiozomes: Re- State University, Keffi, Visioning Boundaries a conference for Nigeria. Keffi is about 45 minutes drive from postgraduates, University of Queensland For Abuja, the national more information visit the website at: capital of Nigeria. Registration for foreign http://www.uq.edu.au/slccs_postgradconf/index. participants is $100 and participants from html Africa is N5000.All correspondence should be directed to: 26 Feb 2006 Sharing the Fish - Allocation Adoyi Onoja, Issues in Fisheries Management Fremantle Secretary, Local Organizing Committee. Australia. For more information visit the website E-mail [email protected] at: http://www.fishallocation.com/ Call for papers: Empowering Individuals and 27-30 September, 2006 AAS Annual Families in the Human Services Conference 2006 Beyond Science and Art: National Policy Conference Anthropology and the Unification of Knowledge Melbourne 16/17 May 2006 James Cook University, Queensland, Australia. Abstracts of 200 words are invited for papers For more information contact the AAS at: and other presentations for the SEP National http://www.aas.asn.au/default.htm Policy Conference on Empowering Individuals and Families in the Human Services, Darebin 20 Apr 2006 Community Development in a Arts and Entertainment Centre, Melbourne, on 'Global Risk Society' Deakin University, 16/17 May 2006. For more information visit: Melbourne, Australia. For more information visit http://www.partnerships.org.au/PolicyConferenc the website at: e2006.htm http://www.deakin.edu.au/arts/cchr/CD/ Call for Proposals: The Centro Incontri Umani, 15-18 August 2006 The International in Ascona, Switzerland, seeks to encourage Conference on the Arts in Society understanding, respect and peace The University of Edinburgh, Scotland. To be internationally through cross-cultural and held in conjunction with the Edinburgh collaborative thought on significant aspects of International Arts Festivals, the conference will human experience. A new residency fellowship include leading artists, arts practitioners and is being offered for 2006-2007 at the Centro's theorists through paper presentations, 19th century villa in Ascona, on Lake Maggiore, workshops and colloquia. The conference on the border between Switzerland and Italy. venue, the University of Edinburgh, is located Scholars from the humanities, arts and social near the heart of the various Edinburgh Festival sciences are primarily welcomed. A travel activities. For more information visit the website stipend, October to May lodging in a at: http://a06.cgpublisher.com/welcome.html comfortable apartment in the villa, and a fellowship of $20,000 will be offered. Full details Back to contents are available from Laura Simona Email: [email protected] Opportunities Call for Papers: The International Conference The Foundation for Young Australians is calling for applications from young Indigenous on the Arts in Society The University of Edinburgh, Scotland, 15-18 August 2006. To be Australians for the Indigenous Youth held in conjunction with the Edinburgh Leadership Programme (IYLP).The IYLP is a new national initiative funded by the Australian International Arts Festivals, the conference will include leading artists, arts practitioners and Government Department of Education, Science theorists through paper presentations, and Training (DEST) that will offer up to 250 scholarships and leadership opportunities workshops and colloquia. The conference venue, the University of Edinburgh, is located during 2006-2009 to young Indigenous near the heart of the various Edinburgh Festival Australians aged 12-25 undertaking secondary or tertiary studies within Australia. The IYLP is activities. For more information visit http://arts- conference.com/ aimed at creating opportunities for young Indigenous people generally from remote
Native Title Newsletter Vol6/05 Page 9 Nov/Dec 2005 communities who have demonstrated potential Senior Curator (Repatriation) leadership capability and want to develop their Classification: Executive Level 1 leadership skills with the support of both family Status: Non-ongoing contract position (18 and community.The first five Indigenous young months) with possible further option of 18 people who will receive tertiary scholarships will months be selected in March 2006. The tertiary Location scholarships will offer $6000 per year to cover Mitchell, Canberra costs such as tuition, course fees and Section: educational resources required for Indigenous Collections and Content tertiary students. A National Indigenous Project code: Advisory Committee will work with The 19-1111-100-51100 Foundation for Young Australians on processes Immediate supervisor: for the selection of IYLP scholars. Potential Repatriation Program Director applicants can find out more by logging onto Closing date: http://www.youngaustralians.org.au or by calling 5.00pm, 27 January 2006 03 9670 5436 or 1800 252 316. Applications close Friday 20th February 2006. Call for Expressions of Interest for PhD Research Scholarships (2 available) Call for Papers: Health Outcomes 2006: Archaeology, Anthropology, Managing health and disease in today’s society Geoarchaeology/Geomorphology Expressions 12th Annual National Conference. 9 - 10 August of interest are called for two PhD research 2006, Rydges Lakeside, Canberra, Australia. scholarships in archaeology, anthropology For more information visit: and/or geoarchaeology/geomorphology to work http://www.uow.edu.au/commerce/ahoc/upcomi on an interdisciplinary ARC Discovery Project ngconference.html investigating Aboriginal cultural patterns in the Wellesley Islands region of the Gulf of Back to contents Carpentaria. We encourage applications from candidates whose interests bridge these disciplinary areas. Applicants should have a Employment good honours degree or research masters in AIATSIS archaeology, anthropology, earth sciences or a Finance Officer related field. Current Australian Postgraduate APS 3/4 Non-Ongoing commencing asap Award (APA) applicants from one of the $39,850 - $48,224 universities of the project investigators are also Classification:APS3/4 invited to express their interest. The scholarship Program: Corporate Services pays a tax-free stipend at APA rates with further Local Title: Finance Officer funding for project operation costs, field Supervisor: Business Manager expenses and relocation.Further information is For duty statement and selection criteria please available from the Project Director A/Prof. Paul visit the AIATSIS website or contact Jeff Memmott on (07) 3365 3660 or Hobson on ext. 138 (6246 1138), email [email protected]. A description of the [email protected]. project is available at: Written expressions of interest, together with an www.aboriginalenvironments.com. Closing date application cover sheet and the names and for expressions of interest 16 January 2006 to telephone numbers of two recent referees [email protected] or by post to A/Prof. should be emailed to: Paul Memmott, Aboriginal Environments [email protected] Research Centre, PO Box 6114, St Lucia QLD The closing date for applications is COB 23 4067. January, 2006. Australian Cultural Heritage Management is National Museum of Australia seeking written expressions of interest for a Curator (Repatriation) Mitchell, Canberra suitably qualified and experienced Consultant Classification: Australian Public Service Level 6 Anthropologist.This is a full-time consultant Status: Non-ongoing contract position (up to 18 position. The position will be responsible for months subject to negotiation) providing anthropological services in South Location Mitchell, Canberra Australia and Western Australia. Section: Collections and Content The Consultant Anthropologist will be involved Project code: 19-1111-100-51100 in a range of matters including; Immediate supervisor: • conducting field trips in South Australia Repatriation Program Director and Western Australia Closing date: 5.00pm, 27 January 2006
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• project management of small scale NATIVE TITLE IN THE NEWS projects ACT • high level report writing, production and Comments invited to help 'fine-tune' native assistance title act Attorney-General Philip Ruddock has • Traditional Owner identification, announced that a discussion paper setting out consultation and cross cultural roposals to fine-tune the operation of the Native communication Title Act has been released. Stakeholders are • promotion of community development invited to comment on the technical principles amendments within the next eight weeks, and • provision of cultural heritage advice welcome further suggestions for amendment. • determining, protecting and documenting Mr Ruddock also said that these amendments cultural heritage were aimed at achieving better outcomes for all • liaising with government and industry. parties involved and was not a mechanism in A reasonable remuneration package has been which to minimise native title rights.Media developed which includes generous overtime Release 22-Nov-05 conditions for field trips. Further details can be obtained from Fiona Pemberton, Office Denying heritage status to Tent Embassy a Manager, Email [email protected] or phone flawed decision The Australia Institute, a on (08) 8172 2111. Applications must state full leftwing think-tank, has said that the decision of qualifications and experience against the Federal Minister to overrule a recommendation selection criteria, and include a Curriculum from his own advisory board and not include the Vitae with three referees. Aboriginal Tent Embassy on the Australian Cultural Heritage Management Commonwealth Heritage List is flawed. "Once PO Box 452 again, the Minister has politicised the listing MSC Torrens Park SA 5062 Or process...This is the culture wars in action" said Emailed to: [email protected] th Australia Institute spokesman Andrew Closing date 30 January 2006. Macintosh. Aboriginal elder and Embassy resident Neville Chappie Williams said "We'll Native Title Services Victoria see where we go from here but we're going to Native Title Services Victoria ("NTSV") is stay and fight to the end". National Indigenous currently recruiting for the positions of Research Times, pg 10, 10-Nov-05 Coordinator and Research Officer (Anthropology). NTSV is a small, dynamic entity with unique and challenging goals, providing Federal professional services to bnative title claimant A community experience Three years of groups across Victoria. NTSV is committed to negotiation finally came to a close recently achieving real land justice outcomes for when the Nyikina and Mangala People of the Indigenous Victorians, and is looking for two Kimberleys signed an ILUA with the Shire of exceptional professionals to fill these critical Derby West Kimberley. The signing took place research positions. at Oonkalkada near Derby in the presence of Position descriptions will be available on the the groups elders, community leaders and local NTSV website www.ntsv.com.au after Tuesday school students. This ILUA was the first 17th January. Until then, more information and agreement in the Kimberley region between an position descriptions are available by contacting Indigenous group and a local government Pam McGrath on (03) 9321 5300 or authority. Koori Mail, pg 33, 30-Nov-05. [email protected]. Applications close WI2005/001 Case Manager Trish Sinclair- Friday, Jones. The Tribunal provided Assistance with February 3 2006. the draft of this ILUA. It has yet to be lodged with the Tribunal for Registration Queensland South Native Title Services Consultants with native title research Aboriginal outposts funding threat experience are needed for consultancies in communities crisis The Federal Government, southern Queensland. Please contact Robert through Indigenous Affairs Minister, Amanda Graham either by email at: Vanstone, plans to cease funding to remote [email protected] Indigenous outstations and relocate the people or by telephone at 07 32215500. to the nearest large recognised community or township. Senator Vanstone asserts that outstations are not economically viable, and the Back to contents cost of providing infrastructure to all communities in the long term prohibitive. This process will allow monies to be available which
Native Title Newsletter Vol6/05 Page 11 Nov/Dec 2005 can then be re-invested into the larger this month for employment, training and other communities. Cairns Post, pg. 2, 10-Dec-05 benefits associated with the mining of coal at the Wilpinjong site, west of Merriwa. NSW Experts take hit over title fights The National Native Title Services chief, Warren Mundine, Native Title Tribunal (NNTT) has recently said the agreement showed native title could revealed that anthropological evidence given by work well when mining companies and anthropologists who are deemed 'too close' to communities communicated well. Newcastle the claimant group will carry less weight than Herald, pg 18, 27-Dec-05 that of experts considered objective. NNTT President Graeme Neate stated that Federal Court hears native title evidence in anthropologists in the field of native title need to Hay for the first time Federal Court sat in Hay ensure they conduct themselves as impartial last week for the first time to hear evidence experts, not Indigenous advocates, with the from Hay resident, Bob Kennedy, in relation to information needing to be objective. Mr Neate a native title claim. Riverine Grazier, pg 3, 20- further affirmed that anthropologists had a Dec-05 pivotal role in the native title claims process. Weekend Australian, pg. 2, 10-Dec-05 Native title agreement signed for Wilpinjong mine A native title agreement has been signed NTRBs wary of NT Review Various NTRBs between the North-East Wiradjuri Indigenous have expressed concern re. the make up of the group and Wilpinjong Coal Pty Ltd, a wholly Review of the Native Title System's steering owned subsidiary of Excel Coal Limited. The committee and the reporting timeframe. ALRM hour long ceremony, including the signing of the Chairman Paddy Agius said "I hope our fears agreement took place at the Wilpinjong Coal are misplaced". Goldfield's Land and Sea Mine site. Excel Coal Managing Director was Council CEO Brian Wyatt said "Native title is pleased with the agreement and looked forward about the rights of Aboriginal people, but to continued solid relationships. Mudgee Aboriginal people and their land are treated as Guardian & Gulgong Advertiser, pg 2, 13-Dec- expendable incidentals in this review structure". 05 Koori Mail, pg 14, 02-Nov-05 Worimi dispute enters Federal Court New South Wales Traditional owners are attempting to block the Macquarie Bank interest in development of sale of land owned by the Worimi Aboriginal and investment in Aboriginal-owned land in Land Council. Worimi man Gary Dates says the Hunter The Macquarie Bank plans to that the land is a sacred women's site and establish development and investment funds to should be vested in the living female develop real estate projects on Aboriginal land. descendants of the Worimi people.Newcastle The National Aboriginal Sports Corporation Herald, pg 14, 18-Nov-05. Worimi Aboriginal Chief Executive, David Liddiard, has been Land Council has two native title determinations employed to liaise with Land councils including in its name: NN05/2 and NN05/7 both Worimi, Koomphatoo and Darkinjung land determined on the 28/11/2005 and native title councils on the coast and Wanaruah and was found not to exist in both cases Mindaribba inland. The Bank says the scheme would provide long-term income and benefits to Kooris to be consulted re. Shell Cove Aboriginal communities however there has marina A month after Traditional Owners went been a mixed response from land councils. to the Land and Environment Court and failed Mindariobba Land Council general manager, to prevent development approval of the South Rick Griffiths, opposed the scheme because it Shellharbour Beach they have been invited to would take away Aboriginal control, especially participate in consultation re. the heritage of land considered culturally significant. A "very values of the area. Shell Cove project director small percentage” of profits will go into a Glenn Colquhoun said that previous charitable fund for those communities which do investigations had shown that the key not have suitable lands for development. Aboriginal heritage areas were shell middens to Newcastle Herald, pg 26, 28-Dec-05, West the south of the development area that were Australia, pg 21, 28-Dec-05 already protected. However, the legal advocate for the protestors said that the area was also Agreement between native title claimant home to burials, reburials and a ceremonial group and coal mining company for site. "We will be keeping a close scrutiny of the employment, training and other benefits A process and if natural justice or procedural confidential agreement has been signed by the justice is denied, we will seriously consider Wiradjuri native title claimants and Excel Coal
Native Title Newsletter Vol6/05 Page 12 Nov/Dec 2005 returning to the Land and Environment Court" he said. Illawarra Mercury, pg 14, 17-Nov-05 Feds rein in royalty cash to councils If amendments occur to the Land Rights Act, the NSW Land rights up for review NSW Minister Central Land Council (CLC) may lose its core for Aboriginal Affairs, Milton Orkopoulos funding due to the implementation of a announced that Indigenous leader Professor performance based system. At present, the Jack Beetson and former National Party MP CLC predominately fund themselves through Wendy Machin will facilitate the consultation mining royalties. The new arrangements will process of the Land Rights Act review. A review see financial benefits reduced by more than 50 of the Act is due to be completed next year. per cent. CLC Director David Ross expressed Coffs Coast Advocate, pg 9 16-Nov-05; Koori disappointment at the change in funding Mail, pg 28 (16-11-05); Narrabri Courier, pg 7 procedures, however stated that the mining and (15-11-05); Armidale Independent, pg 17 (16- exploration process would be streamlined. 11-05); Mt Druit St Marys Standard, pg 11 (16- Centralian Advocate, pg 6, 22-Nov-05 11-05) NT Land Rights Act reforms Changes to the NSW Govt seeks nominations for Land Rights Act will include: legislating to Indigenous Cultural Heritage Advisory dismiss various claims; restrictions on royalty Board A new Aboriginal Cultural Heritage expenditure and installing the Commonwealth Advisory Committee that will advise the Minister Office of Evaluation and Audit as watchdog; the for Environment and Conservation on the transfer of some decision-making powers from identification, assessment and management of the Commonwealth to the Territory Aboriginal cultural heritage in NSW will be Government; and a system to establish established and the Department is seeking transferable leases on Aboriginal land. Northern nominations for members to be drawn from Territory News, pg 4, 18-Nov-05 NSW Land Councillors, Elders, native title claimants and Aboriginal owners. Wollondilly NT Senator pressured to oppose n-dump Advertiser, pg 12, 08-Nov-05 Traditional owners from Harts Range and Mt Everard are pressuring Country Liberal Party Northern Territory Federal Coalition Senator Nigel Scullion to Feuds within native title body may be partly cross the floor and vote against Federal responsible for shelving of land release at Government plans to build a nuclear waste Mt Johns Valley A 120 block land release at dump at one of three locations in the NT. "We Mt Johns Valley has been shelved amid plans don't want a nuclear waste dump in our to dissolve native title body Lhere Artepe. backyard" said Mt Everard TO Benedict Group insiders cite internal feuds over Stevens. Science Minister Brendan Nelson distribution of the money as one of the factors refused to meet with TOs who travelled to responsible for the collapsing state of the body. Canberra to voice their objections. Canberra The executive officer and board members have Times, pg 5, 08-Nov-05; Labor Media Release, declined to comment. Bob Liddle, member of pg 61 (7-11-05) Lhere Artepe, suggested "the government should organise one package for all of the land Traditional Owners support nuclear waste releases because these individual agreements dump The Northern Land Council have just drive prices up and cause unrest with announced that, following a week-long meeting, traditional owners." Centralian Advocate, pg 2, traditional owners have voted unanimously to 22-Dec-05 nominate a site for the proposed nuclear waste dump. Traditional owners from the Central Land Land Council backs nuclear dump for NT Council region meanwhile have steadfastly The Darwin-based Northern Land Council opposed Federal Government plans to build the (NLC) has backed a controversial bid for a dump in their lands.North Queensland Register, nuclear waste dump on its island. Chief pg 12 27-Oct-05 Executive Officer Norman Fry from the NLC also rejected claims from Democrats leader Lyn Islands to be handed back Most of the islands Allison that the NLC will receive economic in the Gulf of Carpentaria will be handed back benefit from three mines in the area in return for to traditional owners 28 years after a land claim the endorsement. Territory Chief Minister Clare was lodged. Senator Vanstone will recommend Martin also displayed displeasure towards the the grant of land, but the handover is still Federal Government saying they had foisted subject to the approval of the Governor- the proposal on Territorians without General. Northern Territory News, pg 5, 07-Oct- consultation. Australian, pg 1, 23-Nov-05 05; Federal Govt Media Release, pg 5;
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Katherine Times, pg 2 (9-11-05); Koori Mail, pg use agreement in relation to the former 12 (16-11-05) Kalpowar pastoral lease aggregation. The traditional owners have committed to providing Queensland ongoing access to part of the land to Vietnam Agreement with traditional owners enables veterans who have fought for years to maintain work on $270 Million water pipeline. Sun this right. The agreement resulted in the Water, the Queensland Government's creation of the new Jack River National Park, infrastructure arm, will start work on a $270 an addition to the Cape Melville National Park, million dollar pipeline to carry water from the a new nature refuge and public purpose Burdekin Falls Dam to Moranbah now that reserves. Tablelands Advertiser, pg 23, 21-Dec- formal agreements with traditional owners are 05 in place. An indigenous land use agreement has been submitted for registration with the Daradgee claim may set precedent The Appo Native Title Tribunal. Courier Mail, pg 39, 22- family have applied to the Federal Court for Dec-05 respondent status over a section of the Ma:mu claim. If granted it will be the first time that Reviews into areas of native title Phillip respondent status will have been recognised for Ruddock, Federal Attorney-General, has spiritual reasons. "(W)e don't want to own announced six reviews into various areas of anything. The claimant group is not connected native title. Reviews being undertaken include to this place but we're all one family and we're reviews of the claims resolution process asking them to sit down with our people and especially the relationship between the Federal work it out together with no fighting and with Court and the National Native Title Tribunal, the proper respect" said family spokesman Gerald Prescribed Body Corporates including the Appo. Koori Mail, pg 15, 14-Dec-05 QC01/15, adequacy of their funding and the effectiveness QUD6014/01, Case-Manager John Liston (QLD of Representative Bodies. Queensland Country Registry) Life pg 14, 22-Dec-05 Native title claim in shire Dalrymple Shire in Land deal paves way for claims The North Queensland will be involved in its 31st Wangkumarra people, Beach Petroleum and native title claim. The most recent claim is by the Queensland Government have reached an the Gudjala People over a 19,167sq km area exploration agreement that could pave the way located between the Flinders and Kennedy for similar claims in south-west Queensland. highways. To date, no applications lodged have Fraser Coast Chronicle, pg 8, 21-Dec-05 been successful, with 13 currently being in mediation or notification. The longest running Land deal paves way for claims The claim also dates back to 1998 by the Kudjala Wangkumarra people, Beach Petroleum and People. Northern Miner, pg. 3, 09-Dec-05, the Queensland Government have reached an QC05/6 & QUD80/05, Case Manbager Jodhi exploration agreement that could pave the way Rutherford. Gudjala People. This claim went for similar claims in south-west Queensland. into notification on the 14/12/2005 The Wangkumarra people signed an exploration agreement with oil and gas Fate of land claims known next year A six- producer, Beach Petroleum and the month directions hearing has recently taken Queensland Government in relation to a 1960 place in Cairns to review the progress of 26 sq km area of the Cooper Basin last week. The pending claims. Resulting from the hearing, terms of the agreement include consultations Federal Court Acting Chief Justice Jeffrey with the traditional owners if the company Spender said two long-standing claims were encounters culturally significant sites, as well as close to being settled. The first was the jobs and training provided by the company. Mandingalbay Yidinji claim involving a decision Wangkumarra representative, Hope Ebsworth, over ownership of a large forested parcel of said the agreement could serve as a land near Yarrabah. The second was the benchmark for other deals in South-West Western Yalanji claim over a 753sq km area Queensland. Fraser Coast Chronicle, pg 8, south of Mt Surprise. Cairns Post, pg. 9, 03- Sunraysia Daily, pg 4, Daily Mercury, pg 13, Dec-05, QC00/8: Mandingalbay Yidinji People Gladstone Observer, pg 20, Morning Bulletin, #2; QC05/8: Western Yalanji #7, QUD6007/00: pg 14 21-Dec-05 Mandingalbay Yidinji People #2; QUD3/05: Western Yalanji #7, Case Managers Mark Price Indigenous land use agreement signed by (Mandingalbay Yidinji People #2) and Clare Kalpowar Aboriginal People The Kalpowar Stehbens: Western Yalanji #7. Aboriginal People signed an indigenous land
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Queensland Government selects preferred News, pg 16 02-Nov-05. QLDQC97/48, bidders for Auruken bauxite deposit The QUD6155/98. Case Manager Karrell Ross. This Queensland Government will select the four was registered with the NNTT on the 27/10/97. preferred bidders for the Auruken bauxite deposit in January 2006, the first mining project ILUA paves way for gypsum operation in Queensland on land where native title rights Mining company Zinaback Pty Ltd have recently have been determined. Aurukun project director registered an ILUA with the Maiawali and for the Office of the Coordinator General. Geoff Karauali people of Central-Western Dickie, said that "the developer and the state Queensland. The ILUA allows Zinaback to mine will have to negotiate and reach agreement with a 104-hectare area south-west of Winton, while the traditional owners of the area to enable the providing compensation to the traditional project to proceed." Gold and Minerals Gazette, owners. For mining to continue, it was essential pg12, 01-Dec-05 for the agreement to be made as the existing lease was due for expiry. This agreement was Cape York land Council executive director also the first time Zinaback had taken part in calls for honesty by mining companies in the native title process in the seven years it had their dealings with Aboriginal groups At the operated in central Queensland. Quarry, pg 10 Mining 2005 Resources Convention in Brisbane 01-Nov-05. Registered ILUA QI2005/008 [other Richie Ahmat, Cape York Land Council ILUAs between Zinaback and the Maiawali and executive director, called on mineral resources Karauali parties: QI2005/003 (24/01/05) and companies to be open and up-front with QI2003/051 (25/06/04). Registered by Tribunal Aboriginal groups when it comes to reaching on 22/09/05 agreements. He explained that under the Native Title Protection Commission, explorers may South Australia apply for an exploration permit using the Indigenous community agrees to mining in expedited procedure which provides for Gawler Ranges An Indigenous Land Use traditional owner involvement in a cultural Agreement (ILUA) has been signed allowing heritage survey before the before the minerals exploration to take place in the Gawler exploration occurs, to ensure that no cultural Ranges in South Australia. A special signing sites will be harmed. "Whilst a number of ceremony took place at the Waltumba camping exploration permits have been granted pursuant site near Lake Gardner including Attorney- to this process, there were also many General Michael Atkinson, representatives of objections lodged by native title to the use of the Gawler Ranges Native Title Group, the the expedited process." Gold and Minerals South Australian Chamber of Mines and Energy Gazette, pg 13, 01-Dec-05 (SACOME) and the Aboriginal Legal Rights Movement (ALRM). West Coast Sentinel, pg 2, TOs become native title respondents on 24-Nov-05. SI2004/004. Case Manager Greg spiritual links basis The Appo family have Jervis. The Tribunal has not yet provided joined as respondents in the Mamu native title assistance with this ILUA and it does not claim on the basis that Daradgee (Daradji) is a appear to have been lodged with the Tribunal law ground and burial place visited and for Registration maintained by Yidinji people. If respondent status is granted it will be the first time that it Controversy over Narungga claim The has been recognised for spiritual reasons. "It's Aboriginal Legal Rights Movement has denied a strong, spiritual women's place where the old claims that it sold out the Naurungga people by aunties and grannies come back and visit and negotiating an Indigenous Land Use Agreement there is a lot of love and caring and sharing for despite the objections of some TOs. ALRM the old people" said respondent applicant CEO Paddy Agius said that the Narungga Gerald Appo. Cairns Post, pg 10, 30-Nov-05. people were properly consulted and that they QC01/15, QUD6014/01. Case Manager John received far more than they would have had the Liston (QLD Registry) claim proceeded to court. However, claimants Irene and Quentin Agius claim that they Veterans, TOs hold talks Traditional owners expected to participate in a mediation process have agreed to enter into negotiations with that never eventuated to address their 18 Vietnam Veterans squatting on Kalpowar objections to the terms of the ILUA. Koori Mail, Station. "This is a significant gesture of goodwill pg 28, 16-Nov-05. SI2003/004 Case Manager on the part of the traditional owners and I Greg Jervis. This was registered by the Tribunal believe it should be received as such by the on the 6/10/2005 …veterans" said Qld Premier Beattie.Koori Mail, pg 4, 16 02-Nov-05; Cooktown Local
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AP Land changes now law Changes to Jadawadjali, Wergaia and Jupagulk Peoples governance arrangements of Anagu No. 3 Pitjantjatjara Lands, including procedures for electing council chairman, have been passed Praise for court title decision A landmark by the SA Parliament and are now law despite native title decision has been handed down in vociferous opposition from many traditional Victoria involving a number of Indigenous owners and calls from Anangu chairman Yami groups. They include the Wotjobaluk, Jaadwa, Lester for the SA Premier to resign. Koori Mail, Jadawadjali, Wergaia and Jupagalt People. The pg 11, 02-Nov-05 Federal Court plans to recognise these native title rights on Crown Land along the Wimmera Victoria River in a formal ceremony. All three Applause from Horsham Rural City determinations delivered by Justice Merkel Councillors for local native title agreement were consensual and gives the groups non- The Horsham Rural City Council applauded exclusive rights over the area, including Uncle Jack Kennedy, the Wotjobaluk people, hunting, fishing, gathering and camping within Councillors, local government administrators the 269sq km area from Yarriambiack Creek and the Attorney-General, Rob Hulls, for junction to the outlet lakes in the Wyperfeld contributing to the resolution of the local native National Park. The decision will not affect public title claim by negotiation rather than litigation. access to the areas. Wimmera Mail Times, pg "The agreement signed at Horseshoe Bend on 7, 12-Dec-05. VC95/2 (#1), VC99/5 (#2), the Wimmera River at Dimboola on December VC99/8 (#3), VID6002/1998 (#1), 13 was an historic event" said Cr Pam Clarke. VID6005/1999 (#2), VID6009/1998 (#3). Case Wimmera Mail Times, pg 9, 30-Dec-05 Manger Chris Loorham. Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples Victorian native title agreement 'a sell-out' No. 1; Wotjobaluk, Jaadwa, Jadawadjali, Wergaia/Jupagalk traditional owners. Robert Wergaia and Jupagulk Peoples No. 2; Nicholls and Gary Murray issued a statement Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and describing the Wotjobaluk agreement as a sell- Jupagulk Peoples No. 3 out. "Our elders and claimants condemn this wayward agreement as racist, discriminatory, MBAV warns of heritage costs The Victorian paternalistic, inequitable and fundamentally Master Builders Association ahs warned that flawed. It does not address our dispersal and assessing building sites for Aboriginal cultural dispossession or land justice" they said. Swan significance will add $2000 to the cost of the Hill Guardian, pg 8, 16-Dec-05, VC95/2 (#1), average new home. North West Property News, VC99/5 (#2), VC99/8 (#3), VID6002/1998 (#1), pg 2, 14-Nov-05 VID6005/1999 (#2), VID6009/1998 (#3) Case Manager Chris Loorham, Wotjobaluk, Jaadwa, NWNCAC slams draft Victorian Aboriginal Jadawadjali, Wergaia and Jupagulk Peoples Heritage Bill The exposure draft of the No. 1; Wotjobaluk, Jaadwa, Jadawadjali, Victorian Aboriginal Heritage Bill is a Wergaia and Jupagulk Peoples No. 2; "missionary, welfare piece of legislation and Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and should not see the light of day until it is done Jupagulk Peoples No. 3 right" says North West Nations Clans deputy chair Gary Murray. If passed, the Bill will allow Native title a first in state Native title has been for the establishment of a Government officially recognised in Victoria with a Federal appointed Aboriginal Advisory Council, Court ruling that recognises land use rights by introduce a lot more red tape and lead to the banks of a river in the State's southwest. litigation said Mr Murray. The Bill is available on "Our mob have been working towards this day request from Aboriginal Affairs Victoria. for more than ten years" said Barengi Gadjin Sunraysia Daily, pg 15, 05-Nov-05; Swan Hill deputy chair Kaylene Clarke "It now allows us Guardian, pg 5 (9-11-05); Sunraysia Daily, pg 8 to move forward and make a better future for (12 Nov 05) our people". Border Mail, pg 10, 14-Dec-05, VC95/2 (#1), VC99/5 (#2), VC99/8 (#3), Western Australia VID6002/1998 (#1), VID6005/1999 (#2), WA Office of Native Title focus on resolution VID6009/1998 (#3) Case Manager Chris of claims through agreement De Gray Mining Loorham: Wotjobaluk, Jaadwa, Jadawadjali, chairman, Ron Manners, said Australian Wergaia and Jupagulk Peoples No. 1; companies were opting for off-shore Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and opportunities because of frustration with WA's Jupagulk Peoples No. 2; Wotjobaluk, Jaadwa, minerals exploration and development processes. A State Government spokesman
Native Title Newsletter Vol6/05 Page 16 Nov/Dec 2005 said the Office of Native Title "aimed to help WAD49/1998; Bardi and Jawi People - Brue reduce the time it takes to resolve native title Reef: WAD6001/2004. Case Manager Marion claims" by focusing on resolving claims through Towndrow. Bardi Jawi was partially determined; agreement rather than litigation. Kalgoorlie Bardi and Jawi People - Brue Reef was fully Miner, pg 13, 22-Dec-05 determined.
Move by Indigenous groups towards Two Aboriginal groups win marathon legal economic stake warrants development battle for Kimberley coastal land A coalition According to Ben Wyatt, non-executive director of over 900 Bardi and Jawi People have won of Indigenous Business Australia, two particular exclusive control of 1037sq km of land in the Native Title agreements entered into in WA West Kimberley after ten years of negotiations. during 2005 deserve attention because they The coastal land is around the Dampier indicate a move by Indigenous people towards Peninsula, predominately Crown Land or an economic stake in the country. The leased to Aboriginal groups. The Bardi and Jawi agreements referred to are between Argyle and People now possess exclusive rights over the the Mirriwung, Gidja, Wularr and Magnin people land, meaning they have the right to control of the East Kimberley and between the who lives on and visits the land. Non-exclusive Government and the Mirriwung-Gajerrong rights to the reefs and the sea were also people. He argues that the move towards an recognised. The claimant group will be economic stake embodied in these agreements permitted to hunt dugong and turtle as well as warrants further development. Business News, collect pearl shells. West Australian, pg. 46. 02- pg 23, 22-Dec-05 Dec-05. Bardi Jawi: WC95/48; Bardi and Jawi People - Brue Reef: WC04/1, Bardi Jawi: $1b diamond expansion - Argyle to take WAD49/1998; Bardi and Jawi People - Brue mining operation underground Argyle Mining Reef: WAD6001/2004. Case Manager Marion plan to spend $1 billon on expanding its mining Towndrow. operation near Kununurra in Western Australia. The expansion will take the largest diamond Signing of agreement between WA mine in the world underground and should allow Government and Mirruwung-Gajerrong for the mine to continue operating beyond 2008. people paves the way for development and Indigenous people will continue to be conservation projects The signing of a native employed, contributing economic and social title agreement in October 2005 between the benefits to the Kimberley according to Rio Tinto Western Australian Government and the chief executive Leigh Clifford. Rio Tinto has Mirruwung-Gajjerong people paves the way for also made legally binding commitments with the the development of about 65,000 ha around Miriwung, Gidja, Wularr and Malgnin Kununurra and Lake Argyle for agricultural, Indigenous groups in the form of an ILUA. industrial, residential, commercial and tourism Kimberley Times, pg. 1, 15-Dec-05. development and is expected to create WI2002/003. Case Manager Christine Scoggin. education, training, job and business The current ILUA with relation to Argyle opportunities for the Aboriginal people. There Diamonds was registered on the 8/04/2005 are seven development and five conservation areas involved in the agreement including the Njamal, Palyku sign deal with gold miner second stage of the Ord River Irrigation Wedgetail Exploration NL and the Njamal and Scheme. WA Treasurer, Eric Ripper, who took Palyku people have signed two native title part in the signing ceremony said the native title agreements concerning a gold-mining project. agreement recognised the economic, social and "Wedgetail have been good in their negotiations cultural needs of the Mirruwung-Gajerrong with us and we are pleased to have reached People and would ensure they have an this deal with them today” said Gavin Snook of opportunity to fully participate in projects within the Njamal people. Koori Mail, pg 9, 14-Dec-05 the native title area. Prospect Magazine pg 2, p37, 01-Dec-05 Bardi Jawi win title Traditional owners from the Kimberley have had full exclusive Native title processes blamed for time taken possession recognised over parts of he land to bring a diamond mine to production claimed, non-exclusive rights recognised over Kimberley Diamond Company NL executive areas below the mean high water mark. A chairman, Miles Kennedy, commented that if determination that native title does not exist has there were another major discovery it would be been made over Brue Reef. Koori Mail, pg 11, unlikely that a diamond mine could come on 14-Dec-05. Bardi Jawi: WC95/48; Bardi and stream in time to coincide with the predicted Jawi People - Brue Reef: WC04/1, Bardi Jawi: supply and demand gap in 2010. He said the
Native Title Newsletter Vol6/05 Page 17 Nov/Dec 2005 shortest time to bring a diamond mine into Kristina Nilsson (WC99/30). Registered by the production used to be four years, but it was now Tribunal on the 4/10/1999. increasingly difficult for diamond miners around the world to operate due to drawn out licensing Work begins on Broome development Work processes relating to environmental and native has begun on a new housing estate in Broome. title issues. Gold and Minerals Gazette, pg 52. The land release was made possible after 01-Dec-05, 01-Dec-05 negotiations between Rubibi native title claimants and the State Government. The Follow guidelines, says GLSC Royalty project includes and environmental corridor payments made to claimant groups by mining running between Reid and Gubinge Rds. companies have been causing division amongst Significant cultural areas will be preserved and the Indigenous communities in relation to how maintained by the traditional owners.Broome the money should be spent. The State Advertiser, pg 4, 10-Nov-05. WC95/28, Government has urged the Goldfields Native WAD91/98. Case Manager Sandra Barkla. Title claimants to follow correct processes for Rubibi was Determined in 2001. settlements and openly promotes comprehensive settlements of native title New advocacy group for Goldfields: WA A claims. The Goldfields Land and Sea Council new advocacy group, the Northern Goldfield's has urged claimants to follow its guidelines for Regional Aboriginal Council, has been formed the distribution of mining royalties but admits it in the wake of ATSIC's abolition. The group will has no power to intervene in disputes. lobby State and Federal Governments for better Kalgoorlie Miner, pg 3, 24-Nov-05. WC99/29 & health, education, training and employment WC99/30 (Central West and Central East services for Aboriginal people. Kalgoorlie Miner, Goldfields People respectively), WAD65/98 & pg 4, 08-Nov-05 WAD70/98 (Central West and Central East Goldfields People respectively). Case Back to contents Managers Sharon Reynolds (WC99/29) and
APPLICATIONS LODGED WITH THE NNTT
Date Filed Application Application Status State/Territory Tribunal Federal name type file no. Court file no. 7/11/2005 Sada Non- Active New South NN05/18 NSD2135/05 Services Pty claimant Wales Ltd application 8/11/2005 Mt Everard Claimant Active Northern DC05/12 NTD36/05 application Territory 8/11/2005 Alcoota No. Claimant Active Northern DC05/11 NTD35/05 2 application Territory 11/11/2005 Mr Brian Non- Active New South NN05/19 NSD2183/05 Robertson claimant Wales application 24/11/2005 NSW Non- Active New South NN05/20 NSD2297/05 Minister for claimant Wales Lands #8 application 30/11/05 Gingirana Claimant Active Western WC05/8 WAD364/05 #2 application Australia 19/12/2005 Ngarigu Claimant Active New South NC05/2 NSD2620/05 application Wales 22/12/2005 Kalkadoon Claimant Active Queensland QC05/12 QUD579/05 People #4 application
(This information has been extracted from the National Native Title Tribunal website www.nntt.gov.au )
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REGISTRATION TEST DECISIONS
Native Title Newsletter Vol6/05 Page 18 Nov/Dec 2005
Decision Application Application name State/Terr. Decision Tribunal Federal Court date date file no. file no. 28/11/2005 30/03/2005 William Garry Allen, New South Accepted NC05/1-1 NSD1089/05 Martin De Launey Wales and Lynette Syme 29/11/2005 1/09/2005 David Stock & Ors Western Accepted WC05/6- WAD6280/98 on behalf of the Australia 1 Nyiyaparli People
(This information has been extracted from the National Native Title Tribunal website www.nntt.gov.au )
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APPLICATIONS CURRENTLY IN NOTIFICATION
Notification Application Application Dated State/Territory Tribunal Federal Court closing name type filed file no. file number date 1/02/2006 Wakaman Claimant 9/08/2004 Queensland QC04/9 QUD158/04 People #2 application 1/02/2006 Budina Claimant 18/06/2004 Western WC04/5 WAD131/04 People application Australia 1/02/2006 Walman Claimant 16/12/2004 Western WC04/9 WAS285/04 Yawuru application Australia 15/02/2006 Ulladulla Non- 28/09/05 New South NN05/15 NSD1826/05 Local claimant Wales Aboriginal application Land Council 15/02/2006 Mrs Claimant 7/12/04 New South NC04/1 NSD1819/04 Miranda application Wales Avery- Slater & Ors 15/02/2006 Warren Non- 20/09/2005 New South NN05/12 NSD1685/05 Berry claimant Wales application 15/02/2006 Mr Non- 22/09/05 New South NN05/13 NSD1766/05 Benjamin claimant Wales John Cruse application 13/03/2006 John Non- 28/10/05 New South NN05/17 NSD2111/05 Wilfred claimant Wales Graham & application Jill Patricia Young 13/03/2006 Minister for Non- 19/10/05 New South NN05/16 NSD1983/05 Lands claimant Wales application 13/03/2006 Gudjala Claimant 22/03/2005 Queensland QC05/6 QUD80/05 People application 27/03/2006 Sada Non- 7/11/2005 New South NN05/18 NSD2135/05 Services claimant Wales Pty Limited application 1/05/2006 NSW Non- 24/11/2005 New South NN05/20 NSD2297/05 Minister for claimant Wales Lands #8 application
(This information has been extracted from the National Native Title Tribunal website www.nntt.gov.au )
Native Title Newsletter Vol6/05 Page 19 Nov/Dec 2005
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ILUAS
Tribunal file Name Type State/Territory Reg. date Subject matter no. VI2005/004 Victorian Mining Area Victoria 23 December Mining License 5435 agreement 2005 Dja Dja Wurrung QI2003/052 Coolgaree Bay Area Queensland 22 December Access Sponge Farm agreement 2005 NI2002/001 Saltwater Area New South 12 December Access People agreement Wales 2005 Fishing QI2004/001 Northern Area Queensland 12 December Infrastructure Peninsula Area agreement 2005 Infrastructure ILUA QI2005/002 Metallica Area Queensland 25 November Mining Minerals ILUA agreement 2005 DI2004/044 Gregory Area Northern 15 November Development National Park agreement Territory 2005 NLC ILUA DI2004/045 Gregory’s Tree Area Northern 15 November Development Historical agreement Territory 2005 Reserve ILUA DI2004/052 Black Area Northern 15 November Development Jungle/Lambells agreement Territory 2005 Lagoon Conservation Reserve ILUA DI2004/050 Fogg Dam Area Northern 15 November Development Conservation agreement Territory 2005 Reserve ILUAS DI2004/048 Harrison Dam Area Northern 15 November Development Conservation agreement Territory 2005 Area ILUA DI2004/049 Melacca Area Northern 15 November Development Swamp agreement Territory 2005 Conservation Area ILUA DI2004/043 Flora River Area Northern 15 November Development Nature Park agreement Territory 2005 ILUA VI2004/008 Wotjobaluk, Area Victoria 11 November Co-management Jaadwa, agreement 2005 Consultation Jadawadjali, protocol Wergaia and Extinguishment Jupagulk
(This information has been extracted from the National Native Title Tribunal website www.nntt.gov.au )
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DETERMINATIONS
Short name Case name Date State/Terr. Outcome Legal Process Wotjobaluk, Clarke on 13 December Victoria Native title Consent determination Jaadwa, behalf of the 2005 does not
Native Title Newsletter Vol6/05 Page 20 Nov/Dec 2005
Jadawadjali, Wotjobaluk, exist Wergaia and Jaadwa, Jupagulk No. Jadawadjali, 3 Wergaia and Jupagulk Peoples v State of Victoria [2005] FCA 1795 Wotjobaluk, Clarke on 13 December Victoria Native title Consent determination Jaadwa, behalf of the 2005 exists in Jadawadjali, Wotjobaluk, parts of the Wergaia and Jaadwa, determination Jupagulk No. Jadawadjali, area 1 Wergaia and Jupagulk Peoples v State of Victoria [2005] FCA 1795 Wotjobaluk, Clarke on 13 December Victoria Native title Consent determination Jaadwa, behalf of the 2005 does not Jadawadjali, Wotjobaluk, exist Wergaia and Jaadwa, Jupagulk No. Jadawadjali, 2 Wergaia and Jupagulk Peoples v State of Victoria [2005] FCA 1795 Darkinjung Darkinjung 07 December New South Native title Unopposed Local Local 2005 Wales does not determination Aboriginal Aboriginal exist Land Council Land Council (2005) v Minister for Lands and Ors (Unreported FCA, 7 December 2005, Jacobson J) Awabakal Awabakal 06 December New South Native title Unopposed Local Local 2005 Wales does not determination Aboriginal Aboriginal exist Land Council Land Council v NSW Native Title Services Ltd (Unreported FCA, 6 December 2005, Edmonds J) Bardi and Sampi v 30 November Western Native title Litigated determination Jawi Native State of 2005 Australia exists in
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Title Western parts of the Determination Australia determination area Worimi Local Peter Hillig in 28 November New South Native title Unopposed Aboriginal his capacity 2005 Wales does not determination Land Council as exist #1 administrator of Worimi Local Aboriginal Land Council v Minister for Lands for the State of New South Wales [2005] FCA 1712 Worimi Local Peter Hillig in 28 November New South Native title Unopposed Aboriginal his capacity 2005 Wales does not determination Land Council as exist #2 administrator of Worimi Local Aboriginal Land Council v Minister for Lands for the State of New South Wales [2005] FCA 1713
(This information has been extracted from the National Native Title Tribunal website www.nntt.gov.au )
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RECENT ADDITIONS TO THE AIATSIS COLLECTION CATALOGUES
Bibliography by the AIATSIS Library. A series of audio tapes The following list contains newly catalogued of oral histories from Darwin includes some items that have just become available on Mura, genealogies from the area and can be found the AIATSIS on-line catalogue. Some entries under DANIELS_J01. have web addresses and you will be able to have access immediately to them. Please New resource on-line check Mura for more information on each entry, The Australian National Placenames Survey including annotations. Newsletter is available on-line at http://www.anps.mq.edu.au/news.html. It Audiovisual Materials contains articles and short pieces about the Winifred Hilliard deposited three collections of cultural aspects of placenames and placename colour slides documenting the craft industry and research in Australia. other activities at Ernabella from 1950-1997. Print materials Two large collections of audio recordings of Agreements language elicitation and ethnobiological Atkinson, Henry 'Popa' information have been lodged by the Kimberley ‘Yorta Yorta Co-operative Land Management Language Resource Centre. Also, 7 CD ROMs Agreement: impact on the Yorta Yorta nation.’ of Aboriginal oral histories recorded in the In Indigenous Law Bulletin. Vol. 6, no. 5 (Aug. - Manning Valley, N.S.W. and published by the Sept. 2004), p.23-25. Greater Taree City Council have been acquired
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National Native Title Tribunal (Raine Quinn) Local government agreements : content ideas. Archaeology Perth, W.A., National Native Title Tribunal Akerman, Kim 2005. ‘'Stone fish?' a hitherto unrecorded class of stone artefact from the coastal Pilbara.’ In National Native Title Tribunal (Raine Quinn) Australian Aboriginal Studies no.1 (2004), p.45- Pastoral agreements : content ideas. Perth, 53. W.A., National Native Title Tribunal 2005. Bourke, Patricia Mary. Seidel, Peter ‘Three Aboriginal shell mounds at Hope Inlet: ‘Summary of the Yorta Yorta Nation Aboriginal evidence for coastal not maritime late Holocene Corporation / State of Victoria Co-operative economies on the Begal Gulf mainland, Management Agreement.’ In Indigenous Law northern Australia.’ In Australian Archaeology Bulletin. Vol. 6, no. 4 (July 2004), p.15-17. no. 59 (2004), p.10-22.
Anthropology Faulkner, Patrick and Anne Fiona Clarke Attwood, Bain et.al ‘Late- Holocene occupation and coastal ‘Anthropology, Aboriginality and Aboriginal economy in Blue Mud Bay, northeast Arnhem rights.’ In Rigsby, Bruce and Nicolas Peterson, Land: preliminary archaeological findings.’ In eds. Donald Thomson : the man and scholar. Australian Archaeology no.59 (Dec. 2004), Canberra : Academy of the Social Sciences in p.23-30. Australia with support from Museum Victoria, c2005, p. 101-116. McIntyre, Susan ‘Monuments to colonialism? stone Dousset, Laurent arrangements, tourist cairns and turtle magic at Assimilating identities : social networks and the Evans Bay, Cape York.’ In Australian diffusion of sections. Oceania Monographs No. Archaeology no.59 (Dec. 2004), p.31-42. 57. Sydney : University of Sydney, 2005. Smith, Claire and H. Martin Wobst, eds. Sculthorpe, Gaye Indigenous archaeologies : decolonising theory ‘Recognising difference: contested issues in and practice. London ; New York : Routledge, native title and cultural heritage.’ In 2005. Anthropological Forum Vol.15, no.2 (July 2005), p.[171]-193. Thorley, Peter ‘Rock-art and the archaeological record of Smith, B.R. Indigenous settlement in Central Australia.’ In ‘Pastoralism, land and Aboriginal existence in Australian Aboriginal Studies no.1 (2004), p.79- Central Cape York Peninsula.’ In Anthropology 89. in Action: Vol. 9, no. 1, 2002. pp.21-30. Wallis, Lynley Anne et. al. Indexes, directories and guides Recent archaeological surveys on Middle Park The Australian Lutheran almanac : for the year Station, northwest Queensland. In Australian 1919. Adelaide, S. Aust.: Lutheran Publishing Archaeology no. 59 (Dec. 2004), p.43-50. Co., 1919. Ward, Ingrid Brady, Maggie ‘Comparative records of occupation in the Keep Collection of letters, documents, interview River region of the eastern Kimberley, transcripts from author's collection on Ooldea northwestern Australia.’ In Australian closure and the Maralinga tests. 50 pages. Archaeology no.59 (Dec. 2004), p.1-7.
Northern Territory Australia deaths 1824 to History – Exploration and accounts 2004. pt.1 [electronic resource]. Beckler, Hermann, et.al. [Darwin] : Genealogical Society of the Northern A journey to Cooper's Creek. Carlton, Vic. : Territory Inc, 2005. Melbourne University Press at the Miegunyah Press in association with the State Smith, Moya Library of Victoria, 1993. ‘The coastal Kimberley in transition 1961-1991 : a catalogue of Ian Crawford's Kimberley Boswell, Annabella. fieldwork photographs.’ May 1996. NOTE: Recollections of some Australian blacks : Check access conditions. Bathurst district, 1835-40. Port Macquarie,
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1844, Hunter's River, 1850. [New South Wales : ‘Capturing country – GIS and cultural resource s. n.], 1890. (Photocopy of original held in management.’ In Ngoonjook: Journal of National Library of Australia). Australian Indigenous Issues, No. 26 (Dec. 2004), p.15-24. Brockman, Joan, ed. He rode alone : being the adventures of pioneer Land rights Julius Brockman from his diaries. Perth, W.A. : Altman, Jon C. et.al. Artlook Books, c1987. Land rights and development reform in remote Australia. Canberra : CAEPR, 2005. Davenport, Sue et. al. Cleared out : first contact in the Western Everett, Jim Desert. Canberra: Aboriginal Studies Press, ‘Cape Barren Island handback.’ In Chain 2005. Reaction, Issue 94 (July 2005), p.4-5
Indigenous rights – Overseas Johns, Gary Davis, Megan ‘Strife amid plenty: Aboriginal policy after land ‘United Nations reform and Indigenous rights.’ In IPA Review, Vol. 57, no. 3 (Sept. peoples.’ In Indigenous Law Bulletin, Vol. 6, no. 2005), p.17-19. 14 (Oct. 2005), p.12-16 Vanstone, Amanda Dean, Bartholomew and Jerome Levi, eds. ‘Reforming the NT Aboriginal Land Rights Act.’ At the risk of being heard : identity, indigenous In Media Centre, vIPS 40/05, (18 November rights, and postcolonial states. Ann Arbor : 2005. University of Michigan Press, c2003. http://www.atsia.gov.au/media/media05/v0540. htm. Hartley, Jackie ‘Case note: Upholding the honour of the crown: Language and the land Haida Nation v British Columbia (Minister of Brown, R. McKenna and Joe Blythe et.al Forests) 233 SCR 511 [2004].’ In Indigenous Maintaining the links : language, identity and Law Bulletin. Vol. 6, no. 8 (Feb. 2005) p.22-23. the land : proceedings of the Seventh Foundation for Endangered Languages Penovic, Tania Conference, Broome, Western Australia, 22-24 ‘Undermining Australia's international standing: September 2003. Bath : Foundation for the failure to extend human rights protections to Endangered Languages, 2003. indigenous peoples affected by Australian mining companies' ventures abroad.’ In Legal issues Australian Journal of Human Rights. Special Blagg, Harry and Neil Morgan edition. A Bill of Rights for Australia, Vol. 11, no. ‘Aboriginal law in Western Australia.’ In 1 ( Oct. 2005), p.71-118 Indigenous Law Bulletin Vol. 6, no. 7 (Nov. 2004), p.16-18. Scott, John and DJ Ahkee ‘The concept of free, prior and informed Banner, Stuart consent: from global to local.’ In Indigenous ‘Why terra nullius? : anthropology and property Law Bulletin. Vol. 6, no. 7 (Nov. 2004), p.9-10. law in early Australia.’ In Law and history review ; Vol. 23, issue 1, 2005. Land acquisition and land management http://www.historycooperative.org/journals/lhr/2 Bird, Douglas W. et.al. 3.1/banner.html/cgi-bin/printpage.cgi ‘Women who hunt with fire: Aboriginal resource use and fire regimes in Australia's Western Cooper, David Desert.’ In Australian Aboriginal Studies no.1 ‘Escaping from the shadowland: campaigning (2004), p.95-96. for Indigenous justice in Australia.’ In Indigenous Law Bulletin. Vol. 6, no. 10 (March- Esposito, Anthony April 2005) p.15-17. ‘Sustaining country: traditional owners are protecting the environments of Cape York Diver, Alice Peninsula.’ In Chain Reaction, Issue 95 ‘A just war: protecting Indigenous cultural (Summer 2005 - 2006), p.31-33. property.’ In Indigenous Law Bulletin. Vol. 6, no. 4 (July 2004), p.7-10. Whiteside, Tim and Darryn Wilson Kristiansen, Kari S.
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‘Shared Responsibility Agreements: legally or 1869-1911. Thesis (Ph. D.)--University of morally binding?’ In Indigenous Law Bulletin. Technology, Sydney, 2003. Vol. 6, no. 11 (May – June 2005), p.8-11. http://adt.lib.uts.edu.au/public/adt- NTSM20050308.150351/index.html Ritter, David ‘Don’t call me baby: ten years of the Yamatji Self-determination Marlpa Land and Sea Council Native Title Calma, Tom Representative Body.’ In Indigenous Law ‘Recent developments in the recognition of the Bulletin. Vol. 6, no. 6 (Oct. 2004), p.4-6. right of self-determination for Indigenous peoples.’ In Indigenous Law Bulletin. Vol. 6, no. Ritter, David 7 (Nov. 2004), p. 6-8. ‘Nangkiriny v State of Western Australia [2004] FCA 1156.’ In Indigenous Law Bulletin. Vol. 6, Smith, Linda Tuhiwai no. 6 (Oct. 2004), p.20-21. ‘Activism, leadership and the new challenges for Indigenous communities.’ Dr Charles Williams, Kevin Perkins annual memorial oration 2004. [Review] Australian Native Title Law by Melissa ELECTRONIC ACCESS: Perry and Stephen Lloyd, Thomson Law Book http://www.koori.usyd.edu.au/news/smith.pdf. Co, 2003, p.22. Sullivan, Patrick Woods, G. D. A history of criminal law in New Shooting the banker : essays on ATSIC and South Wales : the colonial period, 1788-1900. self-determination. Darwin : North Australia Annandale, N.S.W. : Federation Press, 2002. Research Unit, Australian National University, 1996. Mediation Buchert, Cherie Social policy ‘Conflict and indigenous communities: an Moses, A. Dirk, ed. Indigenous mediator’s perspective.’ In Genocide and settler society : frontier violence Indigenous Law Bulletin, vol. 6, no. 5 (Aug. – and stolen indigenous children in Australian Sept. 2004), p.13-14. history. New York : Berghahn Books, 2004.
Newman, Samantha Van Krieken, Robert ‘The Mawul Rom Project: an experience of ‘Rethinking cultural genocide: Aboriginal child cross-cultural mediation.’ In Indigenous Law removal and settler-colonial state formation.’ In Bulletin. Vol. 6, no. 6 (Oct. 2004), pp.11-13. Oceania vol. 75, No. 2 (December 2004), pp.125-151. Place names and site reports David, Bruno West, Alan et.al. ‘Historicizing the spiritual: Bu shell The Lake Tyers Aboriginal community, arrangements on the island of Badu, Torres assimilation policy and practice. Canberra : Strait.’ In Cambridge Archaeological Journal Academy of the Social Sciences in Australia Vol.15, no.1 (April 2005), p.[71]-91. with support from Museum Victoria, c2005.
Karrakayn, Annie et.al. Back to contents ‘Yanyuwa Placenames’. NOTE Extract from ‘Names from here and far: the New Holland dictionary of names’ on Yanyuwa place names. In Placenames Australia (June 2004), p.6 http://www.anps.mq.edu.au/documents/June_2 004.pdf WHAT’S NEW WITH THE NTRU
Right to negotiate The new AIATSIS website is up and running. National Native Title Tribunal (Raine Quinn) Check it out at http://www.aiatsis.gov.au/ Mining agreements : content ideas. Perth : National Native Title Tribunal, 2005. Change of webpage address Wells, Samantha NTRU’s webpage has moved and is now at Negotiating place in colonial Darwin : http://ntru.aiatsis.gov.au/ interactions between aborigines and whites,
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Please note • Toni Bauman held discussions with the If you are researching a Native Title claim, the Central Land Council regarding training, Native Title Research and Access Officer at and consultations on IFaMP’s draft NTRB AIATSIS can help you to locate all relevant training resource in Indigenous decision- material held in the AIATSIS Library and making and dispute management. Toni Audiovisual Archives. Our services include: also held discussions with Native Title Services Victoria regarding training and • Expert advice on sources held at revision of IFaMP’s draft policy guidelines Australian Institute of Aboriginal and for NTRBs in decision-making and dispute Torres Strait Islander Studies management in native title. • Providing listings of relevant material to • Toni Bauman has been in ongoing your claim that is held in the Library communication with the Northern Land and the Audiovisual Archives Council and the Wardaman Corporation • Arranging for copies of articles, regarding the next steps in the pilot native manuscripts, tapes, photographs and title mediation process which revolves videos in compliance with the around an Indigenous Land Use Copyright Act and conditions of Agreement in the Katherine area. deposit, • Glen Kelly provided advice to community • Helping to manage clearances to and researchers in the development of materials with access restrictions and AIATSIS grant applications in the SW of WA. • Assisting you in searching the on-line • Glen Kelly attended a meeting of the catalogue Indigenous Advisory Committee to the Federal Minister for the Environment in Staffing Jervis Bay in December. This meeting also included liaison with the Wreck Bay • Glen Fairfoot completed his 4 wks work Aboriginal community and a meeting with placement for his NICP from 21Nov-21Dec. the Parliamentary Secretary to the Minister Glen will return in June 2006 for another 4 for the Environment wks work placement. • Glen Kelly provided materials for the • Donna Oxenham commenced a 6 month development of a project interpreting contract with the NTRU as principal Nyungar culture in the Lower South West researcher on the native title applicant of WA groups/PBC research project. • Glen Kelly attended a meeting at the • Dr Stuart Bradfield finished his VRF in Department of Foreign Affairs and trade to January 2006. Stuart will take up a position advise Australian Government delegates in with the Office of Native Title in Western relation to their formulation of a position of Australia. the Australian Government to present at • Nerida Mulvey will be completing a 6 week the upcoming meetings held by the student internship with us commencing Convention on Biological Diversity in Monday 9 January 2006. Nerida will be January on the topics of Article 8(j) of the completing her final year of studies in law Convention and the development of global at La Trobe University (adding this principles for Access and Benefit Sharing qualification to social work, the field in arrangements for the use of Indigenous which she has worked for 22 years). Nerida intellectual property. will be primarily assisting Lisa with legal • Dr Strelein and Lara Wiseman were invited research. to present and participate in QSNTS staff
Induction Program on 8-9 December 2005.
Networks and collaboration Research Activities • Grace Koch has compiled a Resource • A submission to the WA Office of Native Guide for Preservation/Conservation of Title re. it's proposed alternative settlement Collections and distributed it to each Native package was prepared by Diana McCarthy, Title Representative Body. Stuart Bradfield, Glen Kelly, Toni Bauman • Toni Bauman has continued collaboration & Dr Strelein. with NADRAC and the Federal Court of • A submission to the Parliamentary Joint Australia on the FCA’s tender given to Committee on Native Title and the Resolve to scope case studies which would Aboriginal and Torres Strait Islander Land best identify best practice in Indigenous Fund relating to Native Title Representative Alternative Dispute Resolution.
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Bodies was prepared by Dr Strelein & Lara available on IFaMP’s web site along with the Wiseman. two background papers to the workshop.
IFAMP During the final session of the workshop, OIPC Webpage change of address undertook to prepare a draft ‘two pager’ scoping paper in consultation with the workshop Associated with the upgrade of the AIATSIS participants that would be used by OIPC to take website, the web address of IFaMP changed the proposal further, again, in consultation with from http://www.aiatsis.gov.au/ifamp.htm to participants and other stakeholders. http://ntru.aiatsis.gov.au/ifamp. Those th accessing the old address will be automatically Presentation – ACJC 25 Anniversary redirected to the new, but please update to the celebration new address. Toni Bauman addressed the Aboriginal Workshops Community Justice Centres’ 25th Anniversary celebration at Tranby College, Sydney on the 1) Evaluation Framework/Toolkit 15th December. Her paper - ‘The relevance of mediation to Aboriginal people’ – dealt with the On 5 - 6 December 2005 IFaMP convened a development of a national network of workshop at AIATSIS entitled ‘Evaluation Indigenous facilitators and mediators to work in Toolkit: training and service delivery in decision- a range of areas including native title. This making and dispute management processes in would provide employment opportunities and native title’, to work through the issues in career pathways for Indigenous community developing an Evaluation Toolkit for Native Title justice mediators who are currently employed Representative Bodies (NTRBs). Consulting only on a case-by-case basis. firm Social Compass facilitated the workshop, which was attended by representatives from the Submission – Native Title Claims Resolution National Native Title Tribunal, Federal Court of Review Australia and Native Title Representative Bodies. Following comments from participants, In early December 2005 IFaMP made a a draft ‘toolkit’ in preparation by Social submission to the Attorney-General’s Native Compass will be applied to training being Title Claims Resolution Review, highlighting key proposed by Queensland South Native Title findings and outcomes of IFaMP, and the need Services (QSNTS) early in 2006. The for greater involvement of Indigenous process Evaluation Toolkit will then be revised and experts in successful agreement-making. The finalised and distributed to NTRBs and other submission was accompanied by several relevant stakeholders. IFaMP reports.
2) Australian Indigenous Leadership Centre Web Updates Certificate 2 Workshop The following documents were uploaded to the On the 21 November 2005 Toni Bauman ran a IFaMP website: workshop in Indigenous decision-making and conflict management for participants in an Bauman, T., Clements, J., and A. Koeman Australian Indigenous Leadership Centre 2005. Making a Difference: towards (AILC) Certificate 2 Course held in Canberra. establishing national networks of Indigenous process experts in a whole-of-government Report – National Network of Indigenous approach, Native Title Research Unit, Facilitators and Mediators Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. The final report of the October Indigenous Facilitators and Mediators workshop was Indigenous Facilitation and Mediation Project. completed in December following comments 2005. Building Indigenous Capacity in from participants. The report, Making a Consultation, Negotiation and Agreement- Difference: towards establishing national Brokering: The Need for Procedural Expertise networks of Indigenous process experts in a (Working Draft). Native Title Research Unit, whole-of-government approach (Toni Bauman, Australian Institute of Aboriginal and Torres Jess Clements and Annalisa Koeman, 2005) Strait Islander Studies, Canberra. has been distributed to participants and made
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Indigenous Facilitation and Mediation Project. 2005. Towards a National Network of These are found at: ‘Latest Updates’ on the Indigenous Process Experts in Agreement- IFaMP home page and ‘Papers and Brokering, Decision-Making and Conflict Publications’ and ‘Workshops and Reports’ on Management (Working Draft). Native Title the IFaMP ‘Research and Publications’ page. Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra. Back to contents
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ABOUT THE NATIVE TITLE RESEARCH UNIT AIATSIS acknowledges the funding support of the Office of Indigenous Policy Coordination (OIPC) - Native Title and Land Rights Centre. For previous editions of this Newsletter, click on the Native Title Research Unit link at www.aiatsis.gov.au or go to http://ntru.aiatsis.gov.au/publications/newsletters.html
Native Title Research Unit Australian Institute of Aboriginal and Torres Strait Islander Studies GPO Box 553 Canberra ACT 2601 Telephone 02 6246 1161 Facsimile 02 6249 7714 Email: [email protected]
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