The CLC has a proud history of Warrick Angus is the Manager of the unconventional gas development on their peakers empowering traditional owners with Crocodile Islands Rangers. The Crocodile lands. In 2013 and 2014, in the absence of S ’ reliable knowledge around contentious Islands Rangers (CIR) manage the land a formal future acts process, the issues. This paper discusses the and sea country of the Crocodile Islands PBC embarked on a process to inform multi-faceted approach being taken to - an area of international conservation and ascertain the position of the Yawuru Abstracts and enhance the professional knowledge of significance in remote north east Arnhem community on the proposed fracking. staff in unconventional oil and gas and Land in the Northern Territory. Warrick is The Yawuru PBC coordinated a to communicate in a balanced way to responsible for the overall coordination detailed assessment of the proposed Biographical constituents the methods and risks of this and management of the CIR program, and fracking program, including engaging developing industry. since 2011 he has helped it to grow from independent experts to review the a handful of volunteers to a functional and Anthony Alexopoulos has an honours program, making submissions to Notes successful nger program. degree in mining engineering and a government and developing maps of www.crocodileislandsrangers.org graduate diploma in mine ventilation. cultural values in the area. Several He has worked in the Leonard Bowaynu is an Executive community information meetings led to underground coal industry with experience Committee Member of the Crocodile a decision-making meeting in July 2014, ANTHONY in gas drainage and in the Western Islands Rangers. Leonard is a Gurryindi where Yawuru people had their say on the ALEXOPOULOS gold fields. Before moving man of the Maringa clan groups, and has proposed fracking. to central Australia he was an AusAID been with the CIR since its inception. He The paper will focus on: volunteer in the Philippines assisting is a traditional owner for the area and has A fractured issue: how Indigenous small scale miners in been instrumental in the direction and • the stages in the due diligence and the CLC is facilitating developing safety practices and advocating success of the Ranger program. Leonard FPIC process; for the rights of traditional miners. and the other Executive Committee informed decisions around the role of cultural perspectives and Anthony now works in the mining section Members have provided their full support • western science in the process; unconventional oil and gas at the Central Land Council; ensuring to the CIR program, including their Unconventional technologies that allow traditional owners are informed and Fisheries research project. • the factors that required and enabled the recovery of oil and gas from deep consulted about resource development the process to be carried out; on their country including monitoring shale resources are relatively new • the challenges of the legal framework, and have produced strong emotional the implementation of exploration and GLENN ARCHER, production agreements on their behalf. including lack of veto and lack of responses where they have been used procedural rights; and interstate and overseas. In central DEAN MATTHEWS, Australia the use of hydraulic fracturing DR BRUCE DORAN • the outcomes and aftermath of the is an emerging issue which has been WARRICK ANGUS, process. the subject of a recent Northern LEONARD BOWAYNU Yulleroo due diligence: Glenn Archer has worked as a lawyer Territory inquiry. at four native title representative bodies fracking ( Land Council, Cape In this climate the Central Land Council Community-based commercial is challenged to furnish staff and the This paper will provide a case study of the York Land Council, Carpentaria Land Council with the ability to understand and fishing practical application of the principle of Council and Kimberley Land Council) and free, prior and informed consent (FPIC) is currently employed by Nyamba Buru manage the burgeoning industry and to Warrick and Leonard will talk about the in the context of unconventional gas Yawuru to coordinate negotiations with equip traditional owners with the capacity role and activities of the CIR, in particular development in the Kimberley. Yawuru exploration and mining company Buru to make informed decisions about what is their project with NT Fisheries to native title holders, like many other native Energy Limited. happening on their land. research establishing a community-based title groups, are facing the prospect of commercial fishing operation Dean Matthews is a Yawuru traditional efforts saw the commencement of the the position as NTSV CEO in early 2012, since 2010, when it instituted a national owner with over 20 years working Traditional Owner Settlement Act 2010 (Vic) Matthew lived in the Northern Territory priority list of cases for resolution, experience in the Kimberley including as in September 2010. The Act provides a for nearly 25 years. While there he worked through 2012 when it assumed full case a Natural Resource Management Office framework for negotiating an out-of-court primarily in the areas of Natural Resource management, including mediation, of (Department of Water) and Indigenous settlement of native title for a traditional Law and Aboriginal Land Rights for many native title matters, to the present, will Water Facilitator (Kimberley Land Council owner group without the need for the years as a Senior Crown Law Officer with be outlined. So too will be the various and NAILSMA). Dean has been employed lengthy and costly processes that are the Solicitor for the Northern Territory. processes adopted in different parts of as a Project Officer/Senior Project Officer usually required under the Native Title He also worked as Associate Professor Australia by claimants and governmental with the Land and Sea Unit at Nyamba Act. It enables traditional owners to enter and Head of Law at the Territory’s Charles parties in attempting to negotiate Buru Yawuru since September 2010 and is into agreements with the Victorian state Darwin University. outcomes. The question will be asked also a Yawuru PBC Director. government to achieve comprehensive whether it is not possible, by examining settlement of claims with real and lasting these processes, to discern the elements Dr Bruce Doran is a Senior Lecturer in benefits such as the grant of freehold of a national “best practice” model of Geographic Information Systems (GIS) at THE HON. JUSTICE land, joint management of public lands case management and negotiation that the Fenner School of Environment and and the foundation for sustainable MICHAEL BARKER enables the just resolution of native title Society, Australian National University economic development. This panel reviews proceedings, more quickly, inexpensively (ANU). Over the last ten years, he has the history of this milestone achievement and efficiently. established a reputation as a recognised Getting to yes; or no: and the benefits and opportunities of expert in the social applications of The Hon Justice Michael Barker is working under the Settlement ACT. thinking about how to better mapping technology. Dr Doran started case manage native title a judge of the Federal Court. Before working with Nyamba Buru Yawuru (NBY) Graham Atkinson is a Dja Dja Wurrung that he was a judge of the Supreme on mapping issues in 2011 when he coded and Yorta Yorta man and an Aboriginal proceedings in the Federal Court of WA and President of the State and mapped elements of the Community elder of national prominence. He serves Court of Australia Administrative Tribunal. Demographic Survey. Since that time on the Board of the Indigenous Land Justice Barker enjoyed a substantial he has worked closed with NBY staff to Corporation and is Deputy Chair of the The overarching purpose of the civil native title practice at the Bar, including develop mapping techniques and outputs National Centre for Indigenous Excellence. practice and procedure provisions of as counsel for the successful claimants for difference management issues across He is the Chairperson of both the Dja Dja the Federal Court of Australia Act 1976 in the Miriuwung Gajerrong (Ward) and the Yawuru estate. Wurrung Clans Aboriginal Corporation (Cth), that apply to proceedings under Yindjibarndi (Daniel) claims. and the Indigenous joint venture company the Native Title Act 1993 (Cth) as they Barpa Construction Services Pty Ltd. He is do to all other civil proceedings in the In the 1980s, as an academic, Justice GRAHAM ATKINSON, a Director of NTSV and the Federation of Court, is to facilitate the just resolution of Barker wrote extensively on the topic of Victorian Traditional Owner Corporations. disputes according to law and as quickly, Aboriginal land rights. MATTHEW STOREY Graham was on the Steering Committee inexpensively and efficiently as possible. On the Federal Court, Justice Barker has for the Development of a Victorian Native While many such proceedings in the decided a range of native title matters, Title Settlement Framework, which was Court, whether claims for determination Gaining momentum: Victoria including the trial in Banjima People v instrumental in the development of the of native title or compensation, are Western Australia (No 2) [2013] FCA 868; under the Traditional Owner Traditional Owner Settlement Act (VIC). resolved by consent determinations, Settlement Act some matters still go to a contested 305 ALR 1, and the appeals in Brown Matthew Storey is CEO of Native Title hearing. Either way the process of case (on behalf of the People) v State Over a four year period from 2006 to 2010, Services Victoria Ltd. He is also a Director management, and negotiation between of Western Australia [2012] FCAFC 154; Victorian traditional owners successfully and Executive Member of the National parties, is not quick, or inexpensive, and 294 ALR 223; 208 FCR 505 and State of developed and negotiated an alternative Native Title Council and a Director of the question is raised whether it is as Western Australia v Graham on behalf of framework for settling native title claims the Federation of Victorian Traditional efficient as it could be. In this paper the the Ngadju People [2013] FCAFC 143; 305 in Victoria. The conclusion of these Owner Corporations. Prior to taking up current profile of the Court’s caseload ALR 452. He is a member of the Court’s National (the Lewis method), Open Space, and strong value based ethics to address Tony Kelly recently took up a post as Native Title Practice Committee, and the and transformative mediation will be any complex challenge. He believes the legal officer in Queensland South Native judge coordinating native title in WA. discussed. Time permitting, a short challenge is to reconnect with self, others Title Services’ Mount Isa office, after five communication and decision-making tool and environment. Scott has a Masters years at Native Title Services Victoria., in the Deep Democracy (Lewis) method at The University of Queensland, studied . Prior to becoming a lawyer in 2007, TONI BAUMAN, will be practiced and some mapping will at The University of British Columbia in Tony had a long career in social work occur of what would be useful in any Canada and is now undergoing a PhD with and community development and earlier SCOTT GORRINGE, developing native title mediation and Hertfordshire University in the UK. He still was a park ranger in the Northern facilitation community of practice. is Director of Murrimatters Consulting. Territory. Throughout his professional CATH ELDERTON, He is passionate about bringing people life Tony has sought to find creative and Toni Bauman is a Senior Research Fellow, together around approaches to complex non-adversarial solutions to complex TONY KELLY, Governance and Public Policy at AIATSIS. challenges. The National and International and emotionally charged problems. She is an anthropologist, mediator, TIM WISHART, experiences broadened Scott’s knowledge Of particular relevant is Tony’s recent facilitator and trainer who has published and understanding of other Indigenous involvement with the Right People for JIM CYNGLER widely, made presentations to a range of societies which places him at the forefront Country program, which has successfully national and international audiences and of articulating Aboriginal futures. brokered Indigenous led solutions to facilitated many workshops and forums. How are we dealing with boundary disputes in Victoria. difference and conflict? She has over thirty years of experience in Cath Elderton is a facilitator specialising Indigenous land and native title claims, in the Lewis Method of Deep Democracy, Tim Wishart was admitted to practise AIATSIS invites all conference delegates, governance, agreement-making, decision- a facilitation and conflict transformation as a solicitor in December 1991 and whatever your role in native title, to making and dispute management method, and has trained in process was appointed Principal Legal Officer of a dialogue about your experiences in processes, joint management of protected oriented psychology. She has developed Queensland South Native Title Services encountering and/or managing conflict areas, government policy, art and craft, her facilitation skills working in in September 2011. Before joining in native title settings with disgruntled program evaluation, feasibility studies, community development with Indigenous QSNTS in 2010, Tim worked primarily claimants, native title holders, tourism and training. The focus of her communities since the 1980s in the as litigation lawyer representing both respondents, board members, colleagues research is on engagement processes Kimberley, and later with the NLC and plaintiffs and defendants. Post admission and others. which achieve sustainable outcomes government agencies in the Northern Tim undertook mediation training with Discussion will address a number of these including Indigenous decision-making, Territory. She is experienced in learning LEADR and QUT and has been involved in scenarios in greater detail including what dispute management, community and development, social impact various ADR processes. Tim is passionate worked and didn’t work and why from engagement, building partnerships and assessment and project design and about achieving the best possible a number of perspectives. Participants relationships, alternative consensus management. She spent two years with outcomes for traditional owners which will explore how tensions around building processes such as Deep the UN Transitional Administration in includes advocating for change in the particular issues can trigger default Democracy and free prior and informed East Timor as a member of the team way governments approach native title responses and set the scene for either consent. Toni was the chief investigator on tasked with re-establishing the country’s and native title rights and the ways in meaningful conversations or conflict. the Indigenous Facilitation and Mediation land administration systems, and in which the inevitable disputes that arise in The systemic and structural issues will Project at AIATSIS (2003–2006) and 2005 moved to Sydney as a Program the native title continuum are managed also be identified. Examples may also subsequently for the Federal Court of Coordinator for the Fred Hollows and resolved. Australia’s Indigenous dispute resolution Foundation’s Africa programs. Cath be addressed in terms of their impact Jim Cyngler is the founder of Jim Cyngler case study project. has a Bachelor of Economics (Sydney on consultations towards free prior and Consulting, a consultancy specialising University) and a Masters in International informed consent. Scott Gorringe is a Mithaka man from far in conflict management, mediation and and Community Development (Deakin western Queensland. Scott’s approach training. Jim brings a rich experience and A number of alternative facilitated University) and currently works part time is founded on the belief, that all groups understanding of a range of approaches approaches such as the Engoori method with Aurora’s Training and Professional of people bring a collective knowledge to dispute resolution and conflict (Murrimatters), Deep Democracy Development team. management, including interest based with a range of scales, scopes, multiple mediator, facilitator and trainer who has of boards including the Arts Law Centre mediation, transformative mediation, partnerships and corporations, duplication published widely, made presentations of Australia and Gadigal Information advanced communication, mindful of resources and rationale. This paper to a range of national and international Services (incorporating Koori Radio). She mediation, and working with high conflict discusses a number of the issues raised audiences and facilitated many is currently on the board of Bangarra people. He is at the Victorian Bar and has at the Forum including: workshops and forums. She has over Dance Theatre, is a Trustee of the been a practicing mediator since 1992. 30 years of experience in Indigenous Australian Museum, Chair of Westpac’s • understanding governance as more land and native title claims, governance, RAP Indigenous Advisory Committee and a His work includes the commercial and than just compliance to regulations; agreement-making, decision‑making member of the Indigenous Law Bulletin’s community sectors and he specialises • the authorising environments, and dispute management processes, Editorial Panel. in facilitating parties in decision making, economies of scale and design of joint management of protected areas, often in complex and/or high conflict Indigenous governance; government policy, art and craft, program circumstances. In 2013 Jim worked evaluation, feasibility studies, tourism with Native Title Services Victoria to complexities in evaluating Indigenous DAMEIN BELL, • and training. provide training and accreditation in governance; DR MIRIAM JORGENSEN, transformative mediation and dispute The focus of her research is on • changing the public narrative of deficit resolution to enhance their work with engagement processes which achieve DR ALISON VIVIAN which pervades government policies traditional owner groups in Victoria. sustainable outcomes including and the media to one based on self- Jim also works with Right People Indigenous decision-making, dispute determination; A reimagined future: for Country in facilitating negotiation management, community engagement, within and between traditional owners • the governance of governments; building partnerships and relationships, Indigenous nations within in Traditional Owner and Native Title alternative consensus building processes the nation state Settlement Processes. • the need for improved collaboration such as Deep Democracy and free prior Research evidence from Australia, the and coordination in the building of and informed consent. Toni was the chief US and Canada finds that that the ability Indigenous governance including: investigator on the Indigenous Facilitation for Indigenous nations to achieve their and Mediation Project at AIATSIS TONI BAUMAN, ›› a clearing house for information; self-defined community goals is linked (2003– 2006) and subsequently for the to effective and culturally legitimate ROBYNNE QUIGGIN ›› national, state/territory and Federal Court of Australia’s Indigenous governance. Numerous reports and local communications strategies dispute resolution case study project. involving the sharing of what studies — including those by the Untangling Indigenous works, what doesn’t work and why; Robynne Quiggin is a Wiradjuri lawyer, Australian Government — suggest that governance: the need for based in Sydney. She is currently previous government policies have not ›› research around a range of topics coordination and collaboration the inaugural CEO of the Australian succeeded, and that a new approach is identified at the Forum and related Indigenous Governance Institute (AIGI). needed. We think that Indigenous nation Effective Indigenous governance which production of tools and practical During the 2000s, Robynne ran a legal (re)building has significant potential be matches capabilities and cultural resources; and and consulting firm for seven years that new approach. priorities is the key to beneficial native before commencing as senior manager ›› the development of a governance According to the research, the challenge title outcomes. At the ‘Indigenous of ASIC’s Indigenous Outreach Program. framework or set of principles for Indigenous communities is to Governance Development Forum: She worked previously as a senior policy which inform and are informed by strengthen their capacity to rebuild Mapping Current and Future Research officer (Human Rights Commission, Native local interests and how to tailor their societies through effective self- and Resources’ convened by AIATSIS and Title Unit), senior researcher (Jumbunna them to local priorities. governance. Aboriginal nations like the the Australian Indigenous Governance IHL, UTS) and lecturer in Indigenous Ngarrindjeri Nation and the Gunditjmara Institute (AIGI) in 2014, one participant Toni Bauman is a Senior Research legal issues at a number of Sydney People are creating capable governing commented that Indigenous governance Fellow, Governance and Public Policy universities and solicitor with Terri Janke institutions of their own design, through looked like the painting ‘Blue Poles’ at AIATSIS. She is an anthropologist, & Co. Robynne has served on a number which they intend to identify their own governance priorities and bring Project on American Indian Economic ROBYN BELLAFQUIH, Listing for unique Aboriginal cultural them into effect. Indigenous nation Development. She has also recently values (CV) and the upcoming Yr2020 governing systems also are being used been appointed as Professorial Fellow in PROFESSOR milestone focuses attention on realising to shape the nature of dealings with Indigenous Governance at the Melbourne ALLAN DALE, benefits for TOs and legacy for all. non‑Indigenous governments. School of Government at the University Robyn Bellafquih is co-chair of the of Melbourne. During the last 25 years, A team composed of representatives from BRUCE PRIDEAUX, Rainforest Aboriginal peoples’ Cultural Miriam has worked primarily with Native three Aboriginal nations (the Gunditjmara, Values Project 2012-2015. Robyn is nations in North America with particular JIM TURNOUR, PHIL RIST, Ngarrindjeri and Wiradjuri in Victoria, Sunrise Yalanj people and a Director of concentration on the ways individual South Australia and NSW) and academics SONYA JEFFREY, Jabalbina Yalanji Aboriginal Corporation tribes’ social and cultural characteristics from Australia and the US is engaged AC RNTBC which is also a Registered affect development. Her research findings JOANN SCHMIDER in research to identify strategic and Cultural Heritage Body. highlight that self-determined, culturally institutional innovations in Indigenous legitimate ways of performing any of the Allan Dale is a Professor of Tropical governance and nation-building. This Celebrating the cultural values tasks of community development and Regional Development from the team is investigating processes for of this Australian Rainforest Indigenous governance have dividends. Institute, James Cook University as sharing these approaches among Strikingly, she has been able to utilise Region World Heritage area core partner with Rainforest Aboriginal Australian Indigenous communities, and these research findings to work directly peoples. In the Cultural Values Project, techniques for commencing the process of NNTC2015 is convened in Sunrise with Indigenous ‘nation builders’ across Allan leads the Managing the Wet Tropics Indigenous nation building in the absence Yalanji country, northern third of the Wet the US, Canada and Australia to improve core theme. Allan is active with FNQ&TS of formal government recognition of Tropics of Queensland World Heritage their realisation of community goals. regional development. Indigenous sovereignty. Area (WTQWHA). Tourism has been Dr Alison Vivian is a lawyer and Senior this rainforest region’s fastest growing Bruce Prideaux is Professor of Marketing Damein Bell is a Gundtijmara man Researcher at Jumbunna Indigenous industry in the last 30 years, now involving and Tourism Management in the School and CEO of Gunditj Mirring Traditional House of Learning at the University of 20% of the region’s jobs and 2.1 million of Business, Law and Governance at the Owners Aboriginal Corporation where, Technology, Sydney. Alison’s primary visitors spending equivalent to $11,000 per Cairns campus of James Cook University. under instruction from the community, research focus relates to Indigenous resident annually. However, a generation Bruce has a range of interests including he implements Gunditj Mirring’s strategic nation-building and governance as an after the Bicentenary 1988 inscription, protected area, agricultural, Indigenous plan, and advocates for Gunditjmara exercise of Indigenous sovereignty and resident Rainforest Aboriginal people and urban tourism, recently authoring a in native title and cultural heritage. In self-determination. She obtained degrees (RAP) are able to name less than half a book on climate change issues and global addition to his work with the Gunditjmara from the Indigenous Peoples’ Law and dozen TO-owned tourism enterprises or rainforest tourism. People, Damein has been a board member Policy program at the University of tour bus guides (2010–2014). Tourism use of the Victorian Equal Opportunity and Jim Turnour is an Adjunct Research Arizona, where she studied principles of of the area was intended to contribute Human Rights Commission, and of Fellow at the Cairns Institute, James Indigenous nation building emerging from to understanding Aboriginal cultural Parks Victoria, was the Strategic Project Cook University where he is undertaking the research of the Harvard Project on heritage for all, and social and economic Manager - Advancing Country Towns Indigenous economic development PhD American Indian Economic Development benefit to RAP (Wet Tropics Management Project for the Glenelg Shire and is studies. Jim leads the Cultural Values (Harvard Project) and Native Nations Authority, 2002). currently a board member of Native project economic development core Institute for Leadership, Management Title Services Victoria. He has studied at Eighteen PBCs within the region’s 20 theme. He is now CEO of Jabalbina & Policy (NNI). These principles the Kennedy School of Government at tribal groups hold native title over 70% Yalanji AC RNTBC, the northern third RAP strongly resonate with earlier Australian Harvard University. of the WTQWHA. RAP name culture and quorum party. research findings and underpin her heritage connected with country as the Dr Miriam Jorgensen is Research current research. underlying and central warp and eave of Phil Rist, Nywaigi people – Executive Director of the Native Nations Institute for TO lives (1992, 2005, 2010, 2014). In 2012, Officer of Girringun Aboriginal Corporation Leadership, Management and Policy at the after more than seven years effort by RAP supporting nine of the region’s 20 tribal University of Arizona and of the Harvard and partners, this rainforest region was groups for over 15 years, and southern inscribed on Australia’s National Heritage RAP Quorum party. Sonya Jeffrey, Jirrbal people – is the Wet Tropics Management Authority, Edward Watkin, Erub and how the structure underpinning these Managing Director, Ingan Tours and her and through the northern plus central peoples – mentor / coach for the strategies has developed through the father is senior Elder and well known plus southern Rainforest Aboriginal Bama Marrja project male, female and establishment of KRED and KRED Legal. educator, Dr Erine Grant. peoples’ quorum parties, the 2013 youth presentation team; Eddie has The first part of the session will look at Bama Marrja Leadership Program been involved at local, state, national Joann Schmider, – is how the benchmarks in Kimberley native moved from an idea to a program that and international levels in Indigenous working with the RAP Cultural Values title agreements and the traditional owner continues to impact the lives of Rainforest leadership development since the early Project 2012-2015, a Director of Central rules for development have developed Aboriginal peoples. Gender-based eighties. He has over 30 years of serving Wet Tropics Institute for Country and over time and how these are reflected in and intergenerational leadership (ie on the national scene partnering with Culture AC Rainforest Aboriginal peoples’ commercial agreements. female, male, Elder and youth) inspired individuals, groups, organisations, quorum party, and a Director of Mamu and conducted the program: mindful businesses, governments and The 2nd part of the session will look AC RNTBC which is also a Registered of community development, native communities to be the best they can be at different strategies that have been Cultural Heritage body. title governance, NRM and ecosystem through greater knowledge, equipping used in the Kimberley to support these services development opportunities, and the application of customised benchmarks and to supplement the fairly and the all‑important cultural leadership programs. weak procedural rights that native title ROBYN BELLAFQUIH, maintenance legacy. groups receive under the Native Title Act Allan Dale is Professor of Tropical 1993 (Cth) and heritage legislation. JOANN SCHMIDER, The story of Bama Marrja will inspire Regional Development from the Cairns EDWARD WATKIN, others to find and act on their tribal/ Institute, James Cook University as core Wayne Bergmann is the current Chief cultural leadership purposes, and will partner supporting Rainforest Aboriginal Executive Officer (CEO) of Kimberley PROFESSOR also serve as a way to build, strengthen peoples. Allan has worked with traditional Region Economic Development (KRED) and advance the unique leadership owners since Aurukun days in the early Enterprises, where his current focus is on ALLAN DALE knowledges, sensitivities and wisdom 1980s, and promotes traditional owner helping Indigenous people get control of that can be shared with others attending ecosystem services opportunities, their future through providing increased How is traditional owner this conference. Ongoing question from leadership and governance. business opportunities and economic cultural leadership different? Bama Marrja is: How to meet requests and independence. He is also a member of connect heart + mind support for an ongoing the Prime Minister’s Northern Australia The Rainforest Aboriginal Peoples’ Alliance and sustained regional traditional owner WAYNE BERGMANN, Advisory Group and Managing Director of Bama Marrja Leadership Program 2013 leadership program? Aboriginal Maritime Pty Ltd. ZOE RAMSAY, Leadership is a connection of the Robyn Bellafquih is co-chair of the Mr Bergmann previously spent 10 hearts and minds of people. In 2013, the Rainforest Aboriginal peoples’ Cultural ROBERT HOUSTON years as the head of the Kimberley Rainforest Aboriginal Peoples’ Alliance Values Project 2012–2015. Robyn is Land Council. Through this role, Mr conducted a leadership program reaching Sunrise Yalanj people and a Director of Lifting the bar: Benchmark Bergmann prioritised securing the rights out to the hearts and minds of the 20 Jabalbina Yalanji Aboriginal Corporation and interests of Kimberley Traditional Rainforest Aboriginal people groups AC RNTBC which is also a Registered Agreement making in Owners through the Native Title system. across Australia’s Wet Tropics rainforest Cultural Heritage Body. the Kimberley Mr Bergmann has also held significant country in far northern Queensland – roles in negotiating agreements between Joann Schmider, Mamu people – as Native Title Agreements in the Kimberley The Bama Marrja Leadership Program resource developers, industry and working with the RAP Cultural Values continue to set new benchmarks for (Bama Marrja: strong people for rainforest Government on behalf of Traditional Project 2012–2015, a Director of Central traditional owners both in terms of culture, country and kin). With support Owners to secure long-term benefits Wet Tropics Institute for Country and commercial value and also in terms of from social and economic development for Indigenous people. He has also Culture AC Rainforest Aboriginal peoples’ environmental and heritage protection. agencies of the Commonwealth and implemented land and sea management quorum party, and a Director of Mamu We look at some of the strategies that state governments and the regional activities across the region, including the NRM‑related bodies, Terrain NRM and AC RNTBC which is also a Registered have underpinned this success and Cultural Heritage body. Kimberley Indigenous Ranger Program WAYNE BERGMANN, A strong Indigenous voice is key to this and held the role of Chair at the Northern investigation. An Expert Indigenous Australian Indigenous Land and Sea BRIAN WYATT, Working Group was established to Management Alliance (NAILSMA). DR VALERIE COOMS, provide guidance to the investigation. As Chair of this group, I want to talk Zoe Ramsay is ALP Director of KRED about the investigation so far, and Legal and has extensive experience in CRAIG CROMELIN, hear from you about where the current commercial litigation and negotiation. SHIRLEY MCPHERSON, system is supporting, or not supporting, Zoe currently works exclusively for Indigenous‑led economic development on Indigenous clients, primarily in relation to MALUWAP NONA, Indigenous land. the future acts regime under the Native MURRANDOO YANNER, Title Act 1993 (Cth), corporate governance Wayne Bergmann is the current Chief and compliance and the protection of DJAWA YUNUPINGU Executive Officer (CEO) of Kimberley Aboriginal Cultural Heritage. Zoe was Region Economic Development (KRED) the Kimberley Land Council’s Senior COAG Investigation Enterprises, where his current focus is on Commercial Lawyer in negotiations for the into Indigenous Land helping Indigenous people get control of proposed LNG Hub at James Price Point their future through providing increased and is the former General Counsel of Administration and Use business opportunities and economic KRED Enterprises. On 10 October 2014, the Council independence. He is also a member of the Prime Minister’s Northern Australia Rob Houston also has extensive of Australian Governments (COAG) Advisory Group and Managing Director of experience dealing with all aspects of announced an investigation into Aboriginal Maritime Pty Ltd. native title and resource development Indigenous land administration and use to law and is the current General Counsel enable traditional owners to readily attract Mr Bergmann previously spent 10 of KRED Enterprises and a Director of private sector investment and finance to years as the head of the Kimberley KRED Legal. Prior to this, Rob worked at develop their own land with new industries Land Council. Through this role, Mr the Kimberley Land Council for 5 years and businesses, to provide jobs and Bergmann prioritised securing the rights and completed a Masters in Mineral Law economic advancement for Indigenous and interests of Kimberley Traditional and Policy at Dundee University, where he people. The Investigation will report to Owners through the Native Title system. was awarded the Dean’s Medal. Before COAG in late 2015. Mr Bergmann has also held significant moving into practice as a native title COAG is the peak intergovernmental roles in negotiating agreements between lawyer, Rob worked for five years in Sydney forum in Australia, chaired by the Prime resource developers, industry and and London in corporate finance and Minister. The other members of COAG Government on behalf of Traditional tax consultancy. are the state and territory Premiers and Owners to secure long-term benefits Chief Ministers and the President of the for Indigenous people. He has also Australian Local Government Association. implemented land and sea management activities across the region, including the This investigation presents an opportunity Kimberley Indigenous Ranger Program to put to these leaders of government and held the role of Chair at the Northern a view about how the legislative, Australian Indigenous Land and Sea regulatory, administrative and operational Management Alliance (NAILSMA). frameworks that underpin Indigenous land use across Australia are affecting Brian Wyatt is a Churchill Fellow who opportunities for Indigenous-led has had nearly 40 years of experience economic development. in administration of Aboriginal affairs. He held the position of CEO with the Since his appointment as CEO of the Craig says coming from a small Maluwap was instrumental in the Court Goldfields Land and Sea Council National Native Title Council he has also community like Murrin Bridge, case of Queen v Nona & Gesa 1999 Qld for 11 years and was the inaugural spread his network through to areas such opportunities were few and far between. DC (CJ), where it was determined that Chairperson of the National Native as the National Congress of Australia Craig, along with his community learnt traditional owners of the had Title Council (an alliance of Native Title First Peoples, Indigenous Water Advisory that if opportunities didn’t exist, the the customary marine rights as well as Representative Bodies and Native Title Council, Extractive Industry Transparency best thing was to create them through rights under the Torres Strait Treaty. This Service Providers from around Australia). Initiative with the Department of commitment, passion, integrity and a resulted in major changes in policy and Brian participates regularly in the United Resources, and Indigenous Leaders good old dose of self-belief. law in the Torres Strait. Nations Permanent Forum on Indigenous Dialogue with the Minerals Council Craig’s priority as Chairperson of the Maluwap was active in the Torres Strait Issues as well as the Expert Mechanism of Australia. NSWALC is to make sure that the Sea Claim Determination which was on the Rights of Indigenous Peoples. Dr Valerie Cooms belongs to the organisation remains relevant through historic in recognising Native Title rights This has led to him being invited to people of North in sound decision-making processes. It’s including commercial rights over the seas represent the Pacific Region at various Queensland. Valerie currently works about how we use our resources to in the Torres Strait. Maluwap continuously UN Permanent Forum Workshops on as a full time Member of the National the fullest advantage. Not just dollar advocates for positive change in the Native Mining and Indigenous Communities in Native Title Tribunal. Valerie has had resources, not just land, but how our Title sphere. Siberia and the Philippines as well as many years of experience in Government people can benefit. Conferences on Climate Change in Alaska Maluwap is Chair of the Malu Lamar administration including the Royal and Copenhagen. He attended Rio+20 Along with being the Chairperson of RNTBC. Commission into Aboriginal Deaths in in Brazil in 2012 and the 2014 UN World NSWALC, Craig also represents the 21 Custody and Regional Manager of ATSIC Murrandoo Yanner is a Gangalidda Conference on Indigenous Peoples in New Local Aboriginal Land Councils in the office in . Valerie has three man from the Gulf of Carpentaria. As York representing the Indigenous People Wiradjuri region. children and eight grandchildren. Valerie a Director of CLCAC, he has been Network of Australia. holds a Bachelor of Arts with Honours Craig is a member of the Murrin Bridge instrumental in the development of native Brian took up the role as CEO with the and a PhD from Australian National LALC and has chaired both the MBLALC title and land & sea programs, including National Native Title Council in March University in Canberra. Valerie has had and the former Wiradjuri RALC. CLCAC’s very successful Indigenous 2010. Among other committees, working a lot of experience in native title having Ranger Program. He is known as Shirley McPherson is a current director of groups and dialogues involving extractive worked as the Manager of the Native a tireless advocate for Indigenous Indigenous Business Australia (IBA). Ms industries, he is a member of the First Title Unit in the ATSIC Western Australian rights in the Gulf of Carpentaria and McPherson previously held the position of Peoples Water Engagement Council, State Office, the CEO of Queensland has campaigned on a range of local Chair of the Indigenous Land Corporation. Chair of the Murray Darling Basin South Representative Body Aboriginal and national issues for more than Commission National Cultural Flows Corporation and Queensland South Native Maluwap Nona is a descendant of the two decades. Research Committee, and a member of Title Services as well as serving as a Gudamalulgal Nation in the Torres Djawa Yunupinju is the Deputy the Indigenous Science Review Panel of Director and Chair of the Quandamooka Strait. His clan is Dhamway, totem is Chairman of Gumatj Corporatoin, and the National Climate Change Adaptation Yoolooburrabee registered Native Title the Thiturthabu and is a Naigai Gubalaig is a founding member of the Dhimurru Research Facility. Body Corporate. Valerie holds adjunct (Northeasterly Wind Person). Land Corporation, which is responsible professor appointments with Sunshine for looking after the land environment Coast and Griffith Universities. Maluwap is an advocate for Native Title with 22 years’ experience volunteering of north-east Arnhem Land. Since Craig Cromelin is a descendant of his time in various roles in the Torres 2008 Mr Yunupingu has led the work Ngiyampaa & Wiradjuri people and Strait. He is a member of the Expert of Marngarr Resource Centre which is has lived most of his life in and around Indigenous Working Group through COAG a local resource agency that provides Murrin Bridge. Craig is the current NSW who is conducting an investigation into training and employment. Mr Yunupingu Aboriginal Land Council (NSWALC) Indigenous land administration and use. is also the Deputy Chair of the Yothu Chairperson and has been a Councillor for Yindi Foundation. the Wiradjuri region since 2007. CLAIR The session will provide an outline of She assists Members and liaises with ANTHONY BEVEN the financial and non-financial benefits representatives and unrepresented BERMAN‑ROBINSON, which the NNTT frequently sees being participants on complex arbitral Independence in the KATE MADDEN, discussed in mediations and ILUA decisions and mediation matters relating agreement negotiations. to exploration and mining applications. boardroom STEVE EDWARDS Kate is an accredited mediator under the Clair Berman-Robinson holds a Bachelor The corporate governance environment Australian National Mediation Standards of Laws from the Queensland University in Australia is changing with a particular and has co-mediated with Tribunal National Native Title Tribunal: of Technology and a Graduate Diploma focus on board composition, policy Members on matters involving proponents of Legal Practice from the College of frameworks and professional skills to building strong working and Indigenous groups. She has built upon Law. Claire has always has a passion for improve the governance of organisations. her Tribunal work studying a Masters of relationships and agreements social justice and assisting others. She Law with a focus on native title. To succeed in this landscape corporations The National Native Title Tribunal has worked at Legal Aid Queensland as a must have the necessary corporate been assisting native title parties, Client Information Officer for three years Steve Edwards holds a Bachelor of Arts governance arrangements as well as mining proponents and Government to while she was studying, providing legal and Social Work (Honours) degrees from skills on their boards to discharge come together to build strong working information and assistance to financially the University of Western Australia. Steve their duties and meet obligations relationships and negotiate lasting disadvantaged Queenslanders. She worked for 16 years as a departmental under corporate law and government economic agreements, through its also worked at the Queensland Public social worker in remote locations in funding agreements. future act mediation process, for over Interest Legal Clearing House, assisting Western Australia and in urban settings. 20 years. The Tribunal has a large and with pro bono legal work on intellectual A particular interest in child protection There is no doubt that native title diverse team of experienced mediators property matters. issues lead to Steve co-developing and corporations face unique challenges in and facilitators, and assists its clients co‑authoring a book Sing of Safety: A serving their communities. Corporations Clair has worked at the Tribunal since by mediating intra-Indigenous disputes, solution and Safety Oriented Approach need to manage the conflict between the December 2010. She has been accredited providing training and information and to Child Protection Casework. Through issues of mission and cultural obligation, mediator under the Australian National facilitating the negotiation of a wide range the ongoing work of the co-author the and practicalities of operational and Mediation Standards since November of agreements. This presentation will approach has been implemented in organisational sustainability. 2012, and regularly co-mediates with focus on the benefits to Indigenous parties Western Australia and several countries Tribunal Members between parties to that agreement making brings and cover including the USA, England and Canada. future act negotiations. Clair is currently the range of expertise and services the completing a Graduate Diploma in Dispute Steve has worked at the Tribunal since Tribunal offers. Resolution at Griffith University. December 2002 as a case manager Tribunal assistance in the form of in claims and is currently the senior Kate Madden holds a Bachelor of Law/ mediation is beneficial for parties in that coordinator of the future act mediation Arts from the University of Queensland it provides the foundation for each party services in Perth. He is an accredited and a Graduate Diploma of Legal Practice to talk about and understand each other’s mediator under the Australian National from the College of Law. Kate has worked interests and explore options for mutual Mediation Standards since 2010, and in non-profit and Government sectors, gain; power imbalances, if present, are regularly co-mediated with Tribunal focussing on community engagement and managed; and parties who may have Members between parties to future social justice. She worked for a number a range of communication styles are act negotiations. of years as a Case Coordinator for health supported to ensure everyone’s message services charity, delivering pro bono legal is conveyed clearly. Having the Tribunal referral services. Following this, she assist also ensures that the parties has worked as a Case Manager with the are kept accountable and negotiations National Native Title Tribunal in the areas stay focused. of future act arbitration and mediation. Those charged with the task of leading ERIKA BLADES, which has been critical in providing the working even harder in the establishment a corporation need to have the right mix scaffolding for PBC support beyond the phase of this new organisation. of skills, integrity and personal fortitude. ALBERT COX, scope of the individual projects; and Thomas Dick is a senior elder There are significant responsibility and Balanggarra with setting up a contract for LYNETTE SHAW, and sits on the PBC as a cultural advisor. pressure bestowed on these people in negotiating an ILUA and the practicalities Thomas works tirelessly to promote their role as a director. of section 60AB, in particular how THOMAS DICK, the Gooniyandi PBC and is passionate to formalise a contract - the issues, They need to maintain a clear separation in his desire to see GAC set up as an DANIELLE MILLS, considerations and difficulties experienced and an independent mind when overarching group that looks after the by Balanggarra. The presentation performing their duties – which at times PHILLIP SIBOSADO, interests of its 19 member communities. will discuss the options considered to can be more difficult in an organisation Thomas has also been instrumental in EUGENIA overcome some of the limitations, the embedded in a special cultural context. setting up the Gooniyandi Rangers group outcomes and practical implications. The LESLIE-GEORGE, on country and has worked many years in The Registrar of Indigenous Corporations, key themes that will be explored in these on the healthy country committee which Anthony Bevan will discuss: TONY FITZGERALD, panel discussions include: strength of is the steering committee for the group. PBC Governance, capacity building, and the increased focus on bard CISSY GORE BIRCH Like all the elders Thomas wishes to see • breaking through barriers. performance and accountability, opportunities develop for the young people Erika Blades is the Native Title Services in Gooniyandi and wants to do this at the the challenges for corporations to find Implementing structures for • Unit Manager for the Kimberly Land same time as maintaining the Lore and directors with appropriate corporate or supporting independence: Council. The Native Title Services team culture of the group business skills, and PBCs and Rep Body deliver a broad range of services for both Danielle Mills is a Project officer with the how corporations can leverage Native Title Claimants and PBCs across • collaborations, a Kimberley Kimberley Land Council (KLC). Danielle independence to strengthen the Kimberly Region. Services including perspective has been working with PBCs for the past governance, build capacity and support for the legal representation, two years on various projects including improve board performance. In the Kimberly there have been project development, governance and heritage protection, governance and ILUA 23 Federal Court determinations anthropological research. Anthony Beven, before his appointment negotiations including for future acts recognising native title for 16 native title as Registrar on 1 October 2007, served Albert Cox is a Project Officer in the arising from state government activities. groups that are represented under 13 two years as the South Australian Native Title Services Unit and is Director Registered Native Title Body Corporates Phillip Sibosado is a Bard man from the Regional Commissioner and six years on the KLC board and on the Kimberley (PBCs). These PBCs cover more than remote community of Lombadina, on as the Northern Territory Regional Regional board of Aarnja. Albert has 75% of the Kimberly and are responsible the Dampier Peninsula, where he has Commissioner and six years as 7 years of experience with the KLC on for holding on trust approximately spent most of his life. Phillip works for the Northern Territory Regional projects including the LNG Gas Hub 353,809km2 of land and waters. The and is a director of Lombadina Aboriginal Commissioner for the Australian research and consultations, native Kimberley Land Council currently provides Corporation, which is a successful self- Securities and Investment Commission. title claims in the East and Central assistance to 10 of these PBCs. This sufficient community that runs tourism, From 1995–1999 he worked in Papua Desert regions and PBC support presentation provides some insight into accommodation, cultural tours and (PNG) as the Registrar of and development. what support structures are currently in has an earth moving and concreting Companies and the Registrar of Business place between the KLC and PBCs. Three Lynette Shaw is a proud Gooniyandi business. Phillip is also a director on Groups (the PNG equivalent of the case examples are provided including: women and the first Gooniyandi PBC the Bardi Jawi Niimidiman Aboriginal Registrar of Indigenous Corporations). Gooniyandi, where a service agreement Chairperson to take on the role since the Corporation RNTBC bringing a wealth of He was the founding chairman of the PBC provides for the employ of an operations PBC was established in 2013. Lynette experience in community development, Securities Commission as well as for the coordinator; Bardi Jawi where support along with her mother, Lorraine Shandley, community project management and PNG Accounting Standards Board. structures have been developed through has dedicated many years to assist tourism operations. leveraging resources from projects Gooniyandi in achieving native title and is Eugenia Leslie-George is a director of ROB BLOWES SC Torres Strait Islander human remains contributor to the National Talk Black the Bardi and Jawi Niimidiman Aboriginal by overseas institutions, many powerful radio program presenting on topical Corporation RNTBC and is currently an institutions continue to resist any returns. legal issues. The passion Leah has for Education Officer at the Department Recent developments: a bundle her work in unwavering and has assisted Father and daughter discusses almost for Child Protection & Family Support. her in achieving six native title consent of one 35 years of the Tasmanian Aboriginal Eugenia has worked in child services determinations to date. Three issues in understanding and proving people’s campaign to repatriate ancestral for most of her career. Eugenia has two native title: remains. It discusses the legal veil that Leah’s efforts were recognised in 2008 undergraduate degrees, a Bachelor of overseas institutions hide behind and the when she was awarded the Tasmanian Community Development and a Bachelor Limits of the usefulness of the • successful path taken from the Supreme Young Achiever of the Year Award of Education that she completed in 2007 at metaphor of the bundle of rights. Court of Tasmania to the British High in the category of Trade and Career the Curtin University of Technology. Since Court lead by the formidable Geoffrey Achievement. Her commitment has also 2007 Eugenia has been teaching in Fitzroy • Recognition of a customary concept of Robertson QC. led to her being awarded the Centenary Crossing and Broome. a unitary proprietary title. Medal of Australia and the Robert Riley Greg Brown is the Deputy Director Tony Fitzgerald is the East Kimberley • A right ‘itself’ and customary Law Scholarship whilst studying at the of the Local Government Division Region Manager of the Native Title regulation of the manner of its University of Tasmania. Her greatest at the Department of Premier and Services Unit. Tony has over 15 years exercise. honour was being asked to negotiate and Cabinet (Tasmania). of experience working with native title Rob Blowes SC is a barrister who for more repatriate her ancestors’ remains from groups in the Northern Territory and than 30 years has represented Aboriginal Greg has been a previous Manager of the British Museum in London on behalf Kimberley regions. The last seven years people and in the Tasmanian Government’s Office of of the Tasmanian Aboriginal community. Tony has been working with both the the preparation, litigation, negotiation Aboriginal Affairs for a period of eight native title claimants and PBCs for the and mediation of claims to have their years. He is a member of the Tasmanian East Kimberley region. traditional rights in land and waters Aboriginal Centre and a committee GEOFF BUCHANAN member of the Aboriginal Land Council Cissy Gore Birch has been a director of recognised and protected in many parts of Tasmania which has been established Balanggarra Corporation for the past of Australia. to hold title to lands returned by the Gender and generation four years, including in the position Tasmanian Government. Greg represented of Chairperson and is currently the in native title: director the Tasmanian Aboriginal community Deputy Chairperson. Cissy is also the demographics and the future GREG BROWN, in a mediation with the Natural History Balanggarra Indigenous Protected Area Museum in 2007 for the return of 17 of prescribed bodies corporate (IPA) Coordinator working in the Kimberley LEAH CAMERON sets of Tasmanian Aboriginal remains. Land Councils Land and Sea Unit. This paper explores gender and Seventeen souls: the battle to Greg also had significant involvement in generational issues in native title the development and implementation of repatriate our old people from governance. It focuses specifically on the legislation for the return of Cape Barren gender and age of directors on the boards overseas institutions Island to the Tasmanian Aboriginal of Prescribed Bodies Corporate (PBCs); community and to compensate members the corporations established to hold and/ Many Aboriginal and Torres Strait Islander of the Stolen Generations in Tasmania. peoples see the repatriation of their or manage native title rights and interests. old people of utmost importance and Leah Cameron is the Principal Solicitor In relation to gender, a predominant view necessary path to healing the living and and co-owner of Marrawah Law a Supply persists of Aboriginal and Torres Strait the land. Nation certified Indigenous legal practice. Islander women as being excluded or marginalised in native title. Statistical data While there has been an increasing Leah’s primary areas are native title, reveals that women’s representation on trickle of repatriations of Aboriginal and cultural heritage, future acts and PBC boards is higher than that found in commercial law. Leah is a regular mainstream sectors while the literature reveals a complex picture of cultural, WAYNE BUTCHER Cr Butcher is focused on improving of the legislative origins of the AHA historical, demographic, institutional and the educational and employment with a particular focus on the relatively intercultural factors that influence men’s opportunities for the Lockhart community contemporary interaction between and women’s participation and power Kincha and the Council: as he sees both as being integral to the processes under the Native Title Act 1993 in the native title arena. In relation to decision making processes, continued development and long term (Cth) and those under the AHA. The paper generational issues, a key concern relates the old and the new success of the community as a whole. His then moves on to consider the outcomes to the relatively low number of older qualifications and experience in the field of some of the recent reviews of the AHA people and the growing number of young Kincha is the traditional lore and custom of community development, make him (the (Victorian) Parliamentary Inquiry into people in the Aboriginal and Torres Strait that underpins the principles of clan well placed to work with the community the Effectiveness of Registered Aboriginal Islander population. Viewed in relation to based decision making. At the core of to develop and implement new ideas and Parties and the Review of the AHA the Aboriginal and Torres Strait Islander kincha are the notions of respect and strategies to continue to strengthen the undertaken by Aboriginal Affairs Victoria population and projected changes, the empowerment. Respect that Elders lead people and the shire so close to his heart. and to assess the recommendations for pool of potential PBC directors looks their respective clan and the decisions change arising from these. Wayne is also an advocate for the likely to grow in coming years. Despite they make and empowerment in that the continuity of Lockhart Language and The paper concludes by suggesting that this, a failure to adequately invest in individual clan members know what to do Culture; he continues to thrive through while the AHA may be one of the better education, training, employment and the and how they are responsible for their part the support of his Elders teaching the pieces of Aboriginal cultural heritage intergenerational transfer of knowledge in the greater communal good. survival of Lockhart traditions to the legislation operating in Australia in might result in a demographic disaster The principles of kincha have been eroded younger people. key areas such as the resourcing of rather than a demographic dividend for over time and a new hierarchical structure Registered Aboriginal Parties and the native title holders. Education is a key priority and Wayne is now stands in its place. The philosophy recognition of non-archaeological cultural committed to developing young leaders of Geoff Buchanan is a project officer at the that a Council or an elected arm of heritage there is still significant scope the future. Native Title Research Unit, Australian community representation replaces for improvement. Institute of Aboriginal and Torres Strait kincha has led to a disempowerment of Rodney Carter is a descendant of Dja Islander Studies. He previously worked Elders and community people. Dja Wurrung and Yorta Yorta people as a research officer with the Centre for RODNEY CARTER In the past Elders were responsible for and resides at Pental Island. He has Aboriginal Economic Policy Research at their respective ‘villages’. All Elders lead extensive experience in cultural heritage the Australian National University where their groups and decisions were made It may not be broke but it management and a particular interest in he is currently completing a PhD exploring where traditional owners were on the linking ‘people to landscape’ through the the work of caring for country based on can still be fixed: Victoria’s same level playing field. integration of biodiversity and cultural fieldwork with Aboriginal ranger groups Aboriginal Heritage Act heritage projects. Rodney has recently in the West Kimberley and Arnhem Land. The basic principles of kincha – respect The paper commences by examining the been appointed as the Chief Executive He has completed an honours degree and empowerment- shouldn’t be forgotten Aboriginal Heritage Act 2006 (Vic) (AHA) Officer of the Dja Dja Wurrung Group in Australian Environmental Studies in this day and age as it is all about from a number of perspectives. Initially, leaving his role as Game Manager at the at Griffith University and a Master of the people. Kincha empowers people, the key concepts and processes of the Game Management Authority, and also Geographical Sciences at the Australian empowered people develop good leaders. Act such as the roles of a Registered worked with the Victorian Public Land Fire National University. For over a decade he The future of Lockhart and the key to Aboriginal Party, the Victorian Aboriginal Management as a Heritage Specialist, has been engaged in multidisciplinary its success is to rebuild that respect for Heritage Council, and Aboriginal he was also a Project Manager for the research that has combined qualitative kincha and the role of Elders and the Affairs Victoria, and the processes of Bunjilaka Aboriginal Centre as part of the and quantitative methods and drawn on bottom up approach. the development of a Cultural Heritage Melbourne Museum project and became anthropological, demographic, ecological, Management Plan, are described the Bunjilaka’s Inaugural Centre Manager. economic, geographical, Indigenous, legal Wayne Butcher was born and bred in and explained. Moving on from this Rodney is currently chair of the Victorian and policy perspectives. Lockhart River. Wayne has been the Mayor introduction, the paper examines some Aboriginal Heritage Council and has been of Lockhart River Aboriginal Shire Council since 2012. a member of Council since its inception in most precious to their sense of history Dr Dawn Casey PSM FAHA, Indigenous discussion on where they are leading us. 2006. Rodney is passionate about passing and spirituality, that most essential Land Corporation Chairperson. Dr Casey The issues the paper will explore are: on knowledge and practices to future component of their heritage—their land’. has worked in a number of key Australian • Achieving social economic and cultural generations. He has a keen interest in In return for certainty for non-Indigenous Government roles in Indigenous affairs gains though native title. hunting, using techniques from traditional Australians regarding the security of land management, including as Chair of culture to modern methods. A defining tenure provided by the NTA, Aboriginal Indigenous Business Australia for five • The high cost of a technical and moment for Rodney was negotiating for, interests were granted access to a years, in establishing the Council for adversarial approach. and being a signatory to, the Dja Dja Land Fund, implemented through the Aboriginal Reconciliation, the arts and The difficult task of aiding Wurrung people’s native title settlement establishment of the Land Account and museum sectors, and in international • independence and Aboriginal control. under the Traditional Owner Settlement the ILC. Marking the 20th anniversary of development. She has received numerous Act 2010. the ILC, it is now a mature, experienced accolades including three Commonwealth • The moral hazards in corporate Indigenous controlled agency. As it Public Service Australia Day Medals, a structures. continues to mature, the ILC is developing Centenary of the Australian Public Service The exploration will include examples of DR DAWN CASEY new program delivery arrangements Medal, and a Centenary Medal for service that will have greater flexibility to work to Australian society through Aboriginal things we find are working and some of in partnership with Indigenous land affairs and the National Museum of the obstacles and challenges we have met Securing the grand bargain owners to develop projects that deliver Australia. Dr Casey is an honorary along the way. This paper is an invitation for future generations and maximize sustainable benefits. The fellow of the Australian Academy of the to engage in an ongoing discussion. ILC continues to be a key institution in Humanities and currently an Adjunct The Honourable Fred Chaney AO has The Land Account and the ILC were the architecture of native title; so how do Professor to the University of Queensland been a director on the board of Central established as key elements of the ‘grand we communicate the history and ongoing and Griffith University. Dr Casey was Desert Native Title Services Limited since bargain’ that underpinned the passage significance of the Grand Bargain to young appointed Chairperson of the ILC in its incorporation in 2007. He has served of the NTA in 1993 and provided partial and ensure that October 2011 for a term of four years. as a member and Deputy President compensation for the ‘vast majority the Land Account and the ILC are secure of the National Native Title Tribunal, of Indigenous Australians (that) have for future generations? Co-Chair and director on the board of been dispossessed of that which is THE HONOURABLE Reconciliation Australia Limited, Chair of Desert Knowledge Australia and Chair FRED CHANEY AO, of the Consultation Committee on a HARVEY MURRAY, Human Rights Act for Western Australia. In 2008 he was awarded the Sir Ronald IAN RAWLINGS Wilson Leadership Award for “Exceptional leadership in the fields of social justice, The social economic and human rights, equality and anti-racism”. Fred is a co-founder and Deputy Chair of cultural opportunities of the Graham (Polly) Farmer Foundation, native title which currently supports the efforts of 1000 Indigenous students in state This paper will look at some of the more schools to achieve year 12. In 2011 he difficult issues of the post determination was a member of the Expert Panel on the world that Central Desert has been Constitutional Recognition of Indigenous grappling with and for a number of years Australians. Most recently, Fred was the now. While we may not have solutions recipient of the Senior Australian of the to these issues we do have some good Year for 2014. experience to draw on to open a wider Harvey Murray is the registered Ltd. Ian has had extensive experience investment, collective impact, sector with measurement so that you may lead applicant for the Yilka Native Title Claim, working with Indigenous organisations collaboration, and consolidation, as a your organisation in a positive and focused in Western Australia. Harvey is also across Western Australia. Since the early start. A common thread has arisen: manner to deliver better social outcomes. the Chairperson of Cosmo Newberry 1990s he held community development measuring effectiveness, outcomes Shamal Daas joined JB Were’s Aboriginal Corporation and he has been and administration roles in remote and impact. Philanthropic Services team in November for the last 25 years. He is employed as communities and worked as a field You are the leaders. You make decisions 2012. His responsibilities include the the community’s Project Officer. and project officer with ATSIC. Ian was on behalf of for-purpose organisations. Do provision of specialist advice to both non- the Administration Manager for the Harvey has been a Director of you have the much-needed information profit organisations and private clients Council Native Title Unit Ngaanyatjarra Council and it’s entities required to make the right strategic in areas ranging from the structuring and Unit Manager prior to taking on for the last 21 years. Harvey has been at choices? This is a fundamental concern of of philanthropic giving to governance the role of Chief Executive Officer at ATSIC Regional Councillor for 12 years, the ‘for-purpose’ sector. As management structures and organisational strategy. Central Desert Native Title Services at its and was also a member of the Western guru Dr H. James Harrington stated, Shamal works in partnership with JBWere inception in 2007. Ian is also the Chairman Australia Aboriginal Advisor Council for ‘Measurement is the first step that leads advisers to develop tailored investment of Carbon Neutral Charitable Fund Ltd. three years. to control and eventually to improvement. management solutions that allow clients If you can’t measure something, you can’t and non-profit organisations to fulfil Harvey worked for Western Mining in the understand it. If you can’t understand it, their mission. early 1980s at Windarra and as a Store SHAMAL DAAS you can’t control it. If you can’t control it, Manager at Mount Margaret in the late Prior to joining JBWere, Shamal you can’t improve it.’ 1980s. In 1989 Harvey returned to Cosmo worked within the financial services

Newberry, where he has run his own Future proofing Indigenous and trustee industries where he has In this session we will explore the remote community for the past 26 years. significant experience in advising investment importance of measurement for non- high net worth individuals on their Harvey has a lot of experience in profit organisations, and the current Since its founding in 1840, the JBWere philanthropic structures, managing Aboriginal affairs; he is a strong leader state of measurement in the sector. In story is one of integrity, innovation trusts and foundations (including PAFs), and role model for his family, his addition, some insight will be provided and relationships. and constructing charitable foundation community and his people. regarding how you, as leaders, should investment portfolios. Shamal is a Over the last 18 months, we have been be thinking about measurement in your Ian Rawlings is the Chief Executive member of the Cure Cancer Australia engaged in many conversations across a own organisations. My hope is that this Officer and Company Secretary for Foundation Youth Advisory Committee. gamut of topics: fundraising, governance, session provides clear insight into the Central Desert Native Title Services board regeneration, advocacy, impact challenges and opportunities associated LUI NED DAVID, complications for lawyers. How can Doug Passi is a Director and Working Emily Gerrard is Senior Associate at lawyers manage competing requirements? Group member for the Torres Strait Sea Allens law firm and is an environment DOUG PASSI, and Land Council. He has been Chair and native title law specialist. She The Torres Strait is largely a post‑native of Mer Gedkem Le (TSI) Corporation, regularly advises clients on land use MEGAN BRAYNE, title determination environment. Twenty which holds native title over Mer (Murray) and development approvals, land access one registered native title bodies Island for seven years. Doug oversaw the arrangements, environmental impact EMILY GERRARD corporate operate in the region, with only transfer of trust land at Mer over the Mer assessments, native title agreements and a handful of active claims remaining. The Gedkem Le (TSI) Corporation as Torres participation requirements in relation to Foundations, building blocks successful determination of native title Strait Freehold land. a range of environmental markets (water, in the Torres Strait Sea Claim (the Akiba and structures: ethical and native vegetation and carbon). In addition decision), lead to the formation of Malu Megan Brayne is an independent legal to her role at Allens, Emily works with governance considerations in Lamar PBC, with membership open to professional specialising in native title and Indigenous leaders and communities in native title outcomes the chairmen of each Torres Strait Island land rights. Previously of Allens Authur relation to climate change issues and PBCs. The Gur A Baradharaw Kod Torres Robinson, she has worked for / advised The term ‘governance’ is used to carbon offset opportunities. describe different concepts in the Strait Sea and Land Council was also a range of NTRBs including the Torres native title context in relation to NTRBs, formed, with membership open to Island Strait Regional Council, Northern Land Emily recently led a team in preparing regulators, Indigenous corporations PBCs. How do these bodies work from a Council and Kimberley Land Council an issues and options paper relating to and claim groups. Governance is a governance and practical perspective? Megan has extensive experience with possible implementation of cultural flows agreement making and post agreement and proposals under national and state spectrum within and beyond the native This panel will explore developments and determination governance issues, law frameworks. title context. What is good governance? and relationships, key to as well as native title claims work. She What are key considerations relevant sustainable outcomes. to corporate accountability and board received the University Medal for her member conduct? Lui Ned David has been the Chair of the Masters from the School of Natural Torres Strait Sea and Land Council since Resources Law, Policy and Management NTRBs have statutory functions that its incorporation in 2012. Mr David has at the University of Dundee in 2009. Megan lawyers can sometimes take part in. extensive experience as a Chair of Magani is a contributing author to the Lexis Lawyers are also bound by a legal ethical Lagaugal PBC, which holds native title Nexis Native Title Looseleaf Service and framework. Additional requirements over Lama Island. He also has significant teaches at the School of Management for the NLC and CLC, which have experience as the Chair of TSI Regional within the College of Business at RMIT functions under ALRA, can create further Education Council (TSIREC). University, Melbourne. FRANKIE DEEMAL, Terry Piper is currently Chief Operating Ludger will present on the findings ZOE ELLERMAN, Officer with Balkanu Cape York of the survey or participating native TERRY PIPER Development Corporation that supports title organisations that shed light on HAROLD LUDWICK Indigenous groups on Cape York. Part the information holdings of those Using the levers. Native title, of the functions of Balkanu is the Cape organisations and their information Indigenous constitutional York Tenure Reform program, economic management capabilities, capacities the environment and economic development and the negotiation of joint and needs. recognition: reform to development on Cape York management arrangements over existing guarantee the Indigenous voice Ludger will also provide an overview of and new national parks. Over the last 20 years Cape York workshop outcomes on participating in Parliament’s law-making Indigenous people have effectively Terry has previously worked as park native title organisations’ information with respect to Indigenous used native title and the considerable manager of Uluru National Park, as management aspirations, their major affairs environmental assets of Cape York manager of Aboriginal Land Interests challenges in achieving those aspirations, to leverage Aboriginal freehold land with the Queensland Department of some initial lessons learned and This paper will argue for, explain and outcomes and legislative reform as a Environment and various positions approaches towards overcoming those discuss the proposal to amend the platform for economic development and working with traditional owners on challenges, as well as what support and Constitution to create an Indigenous body jobs. For many native title holders, their development projects. advice AIATSIS might be able to provide to consult with and advise Parliament on biggest asset is the conservation value to native title organisations for sharing matters affecting Indigenous interests. It of their land, which must not be traded experiences and establishing processes will argue that a procedural amendment too cheaply. This presentation will set LUDGER DINKLER and guidelines for managing information to the Constitution to guarantee the out the rationale and history of the Cape in native title. Indigenous voice in Parliament’s law and York Tenure Reform program and the policy making for Indigenous affairs would Ludger Dinkler issues involved in achieving the return of Outcomes from a workshop is currently the Senior establish a pre-emptive and proactive land and balancing Indigenous control, Project Manager at the Native Title process for Indigenous consultation and on managing information in Research Unit at AIATSIS. He holds a economic development and conservation. native title engagement with Parliament. This may Masters Degree in Anthropology and be an alternative way of constitutionally Frankie Deemal is a traditional owner Sociology and has been working with This presentation will draw on finding preventing and addressing racial and Elder from Hope Vale, an Aboriginal Aboriginal people in different regions of from the Managing Information in Native discrimination against Indigenous peoples community on the East coast of Cape York Australia since 1998, focussing mainly on Title (MINT) workshop, held in March 2015 through government laws and policies. Peninsula. He is of the Dhiidharr clan, of land management, native title, cultural at AIATSIS. The paper will discuss some legal and the wider Guugu - Yimidhirr Nation. heritage and Indigenous leadership. political pros and cons of the procedural The workshop brought together 42 He has worked actively in advancing and Before coming to AIATSIS in 2013, Ludger approach compared to other legal and delegates from native title organisations protecting Aboriginal rights and was worked for four years as a consultant justiciable approaches, and will offer the to discuss the current state, the mentored by some of the Movements anthropologist in the Pilbara and Cape York Indigenous perspective on why challenges and some possible solutions great fighters including Mick Miller, Gascoyne regions of WA. Prior to that having a platform to have a voice and to the culturally and legally appropriate Clarrie Grogan, Joe McGuinness, Joe he was employed as an anthropologist be heard by Parliament is so important management, storage, and use of the Morgan, the O’Shanes etc. He is the co- at two Western Australia native title in the struggle for Indigenous equality, enormous legacy of materials and founder of the Cape York Land Council representative bodies and lived and responsibility and empowerment. information collated and created in and a founding member of many key worked for two years with Aboriginal the field of native title over more than Zoe Ellerman joined Cape York Institute organisations including Balkanu - Cape Rangers in Central Arnhem Land. 20 years. in January 2013 as Head of Policy and York Development Corporation. He loves Research. Zoe has been fortunate to Languages and Philosophy. have had the opportunity to listen to, talk with and work for Aboriginal and Torres Strait Islander people in Queensland, contexts where cultural and regional programs for board directors and As we enter the new carbon farming South Australia, the Northern Territory community characteristics may differ executives throughout Australia and the framework involving the Emissions and Western Australia. She has held significantly. There is a need to re-think Asia Pacific region. He has also been Reduction Fund and secondary markets as key policy and research roles previously Indigenous governance models and active in the not-for-profit sector for well as the voluntary market, a number of within government and in private practice, teaching frameworks to incorporate a number years holding positions as considered decisions will need to be made including as a lawyer. Indigenous sensitivities while still President and Board director for the and improved level of cooperation by the adhering to good governance principles. National Heart Foundation, President Aboriginal ‘primary producers’. Harold Ludwick is a Bulgun Warra This paper outlines the mainstream Fiji‑Australia Business Council and man whose traditional land lies west There are also a number of industry governance model and standards being Trustee of Murdoch University Veterinary of Cooktown. Harold identifies with the overheads that need to be addressed used in Indigenous governance training Trust. He is currently an Independent “Black Cockatoo” group from inland such as audit costs, legal advice, AFSL and highlights the gaps and challenges Director of Ngarluma Yindjibarndi areas. He has spent many years in requirements, contractual make good in delivering effective and sustainable Foundation Limited in the Pilbara, a Non- different communities in Cape York and provisions, membership of the CMI and outcomes. The core principles of good Executive Director of Aboriginal Hostel has been advocating for Indigenous people liaison with the Clean Energy Regulator. corporate governance are discussed then Ltd in Canberra and an Independent since his late 20s. Harold’s grandfather linked to an Indigenous environment. Member of the Queensland Police Service Rowan Foley comes from the Wondunna & grandmother are part of the Stolen These principles are ‘re-packaged’ into Audit & Risk Committee. As a career Clan of the Badtjala people traditional Generation and this was the catalyst of an adaptable and flexible Indigenous banker and consultant, David has worked owners of Kgari (Fraser Island). Harold’s push for indigenous issues to Governance model and training throughout Australia and the Asia Pacific be taken seriously. Harold is passionate Rowan is the General Manager of the framework that can deliver tangible and region. He has held executive roles as the about constitutional reform and Aboriginal Carbon Fund a not-for- sustainable benefits. Specifically, this Chief Manager Westpac Fiji Islands, Chief Indigenous rights. In 2013 Harold lead the profit company specialized in working paper will address the following: Credit Officer Westpac, Senior Manager Recognise visit to Cape York advocating with traditional owners, Aboriginal Indigenous Banking Westpac and Director, constitutional recognition. Harold also • characteristics of the mainstream organisations and Land Councils in Risk Advisory KPMG. represented Cape York in Geneva when corporate governance model, carbon farming on Aboriginal lands. presenting on ‘Payment for Eco-System Rowan has played a leadership role • challenges for Indigenous Services’ on Cape York, a paper which was in the area of carbon farming for the organisations in applying this model, then presented at the Rio +20 Summit in ROWAN FOLEY last five years and has over 25 years of South America. • the core principles of good experience in the conservation and land governance, Carbon farming agribusiness management sector. • bridging the gap between mainstream on Aboriginal lands DAVID EVANS and Indigenous governance models, Carbon farming has now been DR ANGUS FRITH • considerations in building Indigenous demonstrated to be a multi-million dollar Rethinking Indigenous governance models, and agribusiness on Aboriginal lands, largely governance model/s involving savanna burning in Cape York, Legal obligations regarding • an Indigenous Governance training Top End and the Kimberley. The inability of mainstream governance framework for long term sustainable native title litigation materials models to “cut through” the complexities benefits. The success (or failure) of savanna The functions of a native title and nuances of Indigenous organisations burning projects has largely been due representative body (NTRB) include David Evans MBA, Bcom, FAICD, FCPA, F and their environments compromises to Aboriginal ranger groups engaging in assisting native title groups to achieve FIN is a management consultant and an the building of long-term sustainable this new form of agribusiness through native title determinations by the Federal accredited facilitator for the Australian benefits for Indigenous organisations, producing and selling their carbon Court. NTRBs do so, in part, by instructing Institute of Company Directors delivering communities and stakeholders. Neither credits into a market to cover the cost of employed solicitors, anthropologists corporate governance, Indigenous does ‘one size doesn’t fit all’ in applying production and make a small profit. and other staff to collect information governance, strategy and risk training governance standards to Indigenous from group members and from public sources so it can prepare witness ADRIADNE GORRING, leadership and youth engagement, and Prior to the KLC, Polly worked with the statements, anthropological reports, and enhanced biodiversity outcomes. Cultural Australian Government, most recently other evidence that will help groups in POLLY GRACE conservation enterprises simultaneously as a negotiator on climate change policy their claims. face a number of challenges, including focused on the land sector and the offering competitive services within a measurement and reporting of emissions. This information is likely to include Cultural Conservation market that externalises costs associated She has also worked on the former sensitive and confidential materials, such Enterprises as a pathway for with the delivery of cultural and Government’s Clean Energy Package, as historical records, genealogies, oral PBC autonomy environmental activities. with a particular knowledge of the Carbon histories, and information on traditional Farming Initiative. practices and beliefs. In addition, NTRBs Native title is determined over more Ariadne Gorring is currently the Land and hold other documents, such as minutes of than 70% of the Kimberley region. In this Sea Unit Manager at the Kimberley Land group meetings and documents received context, the challenge facing native title Council (KLC). Ariadne has worked at the from the state and other parties. holders is how to leverage native title KLC for more than 10 years in a variety JACKY GREEN, rights to achieve beneficial outcomes of positions, including coordinating the This litigation material is often held on SEÁN KERINS for economic development, community National Heritage Project which resulted a solicitor’s file, so that it is subject to resilience and heathy country. in the successful listing of the Kimberley ‘legal professional privilege’ and can for its Indigenous cultural values. Ariadne Pursuing sustainable be kept confidential. However, most of One pathway for facilitating economic completed a Sustainable Development the documents on the solicitor’s file are opportunities for native title holders and development in the face of and Entrepreneurship degree at Murdoch not owned by the solicitor or the NTRB, their Prescribed Body Corporates (PBC) careless mining University and has a particular interest in but by the individuals who provided the is the establishment of social enterprises the implementation of traditional owner In the southwest Gulf of Carpentaria information or by the native title group. based on cultural and conservation aspirations in a post native title setting. region of the Northern Territory Aboriginal management services. Cultural This paper addresses the legal obligations landowners are attempting to build a conservation enterprises provide a model Polly Grace is the legal officer with the of NTRBs and their employed solicitors in sustainable future for both their country for pursuing economic development that Land and Sea Management Unit of the dealing with native title litigation materials and future generations. They are doing aligns with cultural values, promotes Kimberley Land Council and advises on after native title has been determined. this by developing ranger programs, healthy country and supports the a range of matters affecting the delivery Indigenous Protected Areas, eco/cultural Dr Angus Frith is a member of Victorian transmission of traditional knowledge, of cultural and environmental services tourism, carbon farming and maintaining Bar, who as practised native title law for while fostering the autonomy of PBCs. in the Kimberley. The Land & Sea ecosystem services. However, some of applicant groups since 1995, largely on Management Unit works with Indigenous The Kimberley, recognised for its natural these long-term sustainable development matters in Victoria, Western Australia land managers in the Kimberley region and cultural values and high biodiversity, initiatives are at great risk from careless and Queensland. He has worked on to achieve the cultural and environmental provides a unique setting for showcasing mining activity across the region. outcomes they want to see happen on issues of connection and extinguishment, the establishment of cultural conservation the ground. In this presentation Jacky Green and agreements about acts affecting native enterprises. This panel will explore how title, and structures for managing native Seán Kerins use Jacky’s artwork to show cultural conservation enterprises support Polly holds a Masters of Environmental title rights and interests. Angus has the environmental and social problems economic development opportunities for and Natural Resource Law from the recently completed a PhD at Melbourne that mining, especially in the McArthur PBCs, drawing on the experience of the University of Oregon and LLB specialising Law School, titled ‘Getting it Right for the River region, is having on sustainable Kimberley Ranger Network and North in International Law from the University Future: Aboriginal Law, Australian Law Indigenous development initiatives. Kimberley Fire Abatement Project. of Queensland. and Native Title Corporations’. They also briefly outline what Aboriginal Cultural conservation enterprises, like She has particular expertise in climate landowners are attempting to do to the Kimberley Ranger Network, deliver a change law, advising native title holders counter these significant environmental ARIADNE GORRING, multitude of benefits including: increased on the establishment and registration and social problems caused by mining employment, fostering community of carbon projects as an opportunity for so they can secure a sustainable sustainable enterprise development. economic future. Jacky Green is a Garawa warrior and JIM HACKETT, Jim Hackett had a long career as a places), Ng ti Awa now has a youthful artist. He was born in 1953 in a creek molecular biologist and law is his second population of over 19,000. In 2005, bed on Soudan station in the Northern MARTIN DORE, career. He is a Legal Officer at the North Ng ti Awa received a Treaty settlement Territory and spent his early years working TIM WISHART Queensland Land Council (NQLC). from the New Zealand Government, as a stockman on pastoral stations in valued at $42m, which included land Martin Dore commenced practice as a the Gulf Country. For the past 30 years and cash. This initial asset base has solicitor in Port Augusta, South Australia, he has worked tirelessly with Indigenous Kings return to Grass Castles: grown; however, there continues to be in 1981. He has many years of experience peoples of the southwest Gulf, fighting to socio‑economic, political, environmental the future of Aboriginal in various fields of law (latterly native return Country to Aboriginal ownership. and cultural challenges. This presentation pastoralism title). He joined the NQLC as Principal In 2005, along with other Garawa and focuses on Ng ti Awa responses and Legal Officer (PLO) in 2000. people, he started the Garawa and Commonly, native title (NT) is ‘non- insights into M ori economic development, Waanyi/Garawa Ranger groups to care exclusive’; ancestral lands are shared Tim Wishart is the Principal Legal Officer which is considered a vehicle for achieving for over 20,000 square kilometres of their with (usually non-Indigenous) pastoralists. of Queensland South Native Title Services socio-cultural outcomes and aspirations ancestral lands. He is a past director of Two questions: First, if the Prescribed (QSNTS), Brisbane. He has worked as a for the iwi. A distinct Ng ti Awa approach the Carpentaria Land Council Aboriginal Body Corporate (PBC) takes over from a solicitor since 1991. His legal background to the research drew from kaupapa M ori Corporation and a current member of pastoralist at the end of his lease, how is predominately in litigation and theoretical positioning. Characteristics the Northern Land Council. His artworks does that affect NT? Second: Can a PBC commercial law. Tim was appointed as the of M ori economic development for are held in a number of private and in fact take over? Or has the pastoralist PLO of QSNTS in September 2011. Ng ti Awa emphasise social, cultural national collections. some sort of ‘right’ to a renewal? and environmental imperatives, often determined by underlying cultural values, Seán Kerins is a Research Fellow If the PBC takes the lease, exclusive NT principles and practices of the iwi. The at Centre for Aboriginal Economic flows back; this means that the lease is JUDGE LAYNE HARVEY, vision for economic development, from a Policy Research at the Australian very likely to stay with the PBC for ever. R WIRI TINIRAU, Ng ti Awa perspective, directly aligns and National University. Seán has worked If the lease were not renewed, the PBC contributes to the overall vision of the iwi. with Indigenous Peoples and local would get major compensation. PROFESSOR communities for the last 25 years Judge Layne Harvey is of Ng ti Awa, Until recently, the PBC could apply for a on cultural and natural resource ANNEMARIE GILLIES Rongowhakaata, Te Aitanga-a-M haki, pastoral lease when it expired, and might management issues. Prior to coming Te Wh nau-a-Apanui and Ng ti have succeeded. ‘Heritage’ was important. to the ANU he managed the Northern Achieving socio-cultural Kahungunu lineage. Formerly, Judge However, in 2014 Queensland changed Land Council’s Caring for Country Unit Harvey practised for 11 years as a lawyer the law to allow existing pastoralists to outcomes and aspirations in Darwin, working with Aboriginal land in Auckland with Simpson Grierson and ‘roll over’ leases indefinitely, thus shutting owners developing cultural and natural through M ori economic with Walters Williams and Company, out PBCs for ever. Also, Queensland resource management initiatives. Seán development: an insight from where he became a partner. His work encourages pastoralists to turn leases also worked as a policy advisor with Te included acting for iwi and hap in into freehold, suggesting that the Ng ti Awa Ohu Kai Moana (the Treaty of Waitangi Waitangi Tribunal claims and settlement pastoralists ‘buy out’ NT rights. Fisheries Commission) in Aotearoa/New Ng ti Awa is an iwi (tribal grouping) negotiations, providing general advice to Zealand, implementing the customary Not all hope is lost. The provisions locking located in the Eastern Bay of Plenty area, M ori organisations, and working in trust component of the Treaty of Waitangi a PBC out can be repealed. Also, they in the North Island of New Zealand. The law and iwi legal and post-settlement (Fisheries Claims) Settlement Act. may be unconstitutional. As the non- iwi experienced disadvantage as a result governance structures. Judge Harvey has Indigenous can always obtain complete of government-enacted land confiscation also been a trustee of M ori land trusts, ownership of their land held by (leased to) and legislation, crippling the social, iwi authorities, and M ori reservations, another, the Indigenous must, under law, cultural, political and economic base of and has been a member of the council of enjoy the same privilege. the iwi. Comprising 22 hap (sub-tribes) Te Whare W nanga o Awanui rangi since and 19 marae (traditional gathering 1997. Judge Harvey was appointed to the M ori Land Court bench in October 2002, working with iwi and M ori organisations that impairs economic development. intergenerational native title agreements. and he is the resident judge for the Aotea in collaborative and community-based The presentation concludes that a Traditional owners are now moving M ori Land Court District. activities. Annemarie currently holds place based approach to planning be forward to implement these complex governance positions on local community pursued that focuses on the creation of R wiri Tinirau hails from Ng i agreements and are highly sophisticated boards and M ori land authorities, and strategic plans for NTBC/PBCs as the T hoe, Te Whakat hea and Te Wh of service delivery. is an advisor to and key investigator of foundation of development as opposed nau-a-Apanui through his grandmother, numerous research projects. to the dysfunction of the prevailing top To respond to these evolving needs, the R peka Hamlin (née Te Pou). He also down approach. Aboriginal Directors of Marlpa has genealogical connections to Te ti Aboriginal Corporation are exploring Haunui-a-P p rangi, Ng ti T wharetoa, Dr Sharon Harwood is a qualified and the next stages of service delivery to Ng Rauru, Ng ti Ruanui, Ng Wairiki, Ng DR SHARON HARWOOD practicing planner with more than 20 traditional owner groups. ti Porou, Rongowhakaata, Te Arawa, Ng years of experience working with rural and ti Kahungunu, Rangit ne, Ng i Tahu and Statutory land us e planning remote communities on natural resource This includes: K ti M moe. He is currently a Research planning, community planning and Safe and appropriate return of cultural Manager/Senior Lecturer at Te Whare W in Cape York: the make or development projects. Sharon is a lecturer • research materials to traditional nanga o Awanui rangi, and was previously brake of the local and regional at James Cook University in Cairns, she owners. employed at Massey University as an economy initiated and co-ordinates the Graduate Engagement Advisor (Te Rau Whakaara), Certificate Planning and Indigenous • Anthropological and legal expertise to Project Manager (MANU AO Academy), Land use planning should be a Communities and is the Chair of the assist with trust management. Lecturer (School of Management) and collaborative project between government, TNQ branch of the Planning Institute Research Manager (Te Au Rangahau M ori industry and community that culminates of Australia. • Governance assistance in the Business Research Centre). His research in a map with a set of strategies to establishment of Aboriginal Sharon specialises in the implementation and community involvement embraces describe the appropriate location, type, Corporations, including constitution of community based planning processes several spheres of M ori development, scale and intensity of land uses within and rule book design. and techniques in remote areas to guide including hap and marae affairs, business a defined area. These plans can make sustainable development outcomes. • Skills-audits to support employment and economic development, education, or put a brake on an economy. This Her experience includes social impact and training opportunities. performing arts, health, environmental presentation will review the permitted assessments within the resources sector; well-being and cultural heritage. land uses in Wujal Wujal, Hopevale and • Environmental and biodiversity Mapoon Aboriginal Shire Councils and the community planning; development projects, including establishing Professor Annemarie Gillies is of state interest overlays that define their planning in remote areas; planning and Indigenous Protected Areas. Ng ti Kahungunu, Ng ti Awa, Te respective economic future. The review development on Aboriginal and Torres • Acting as a central point for regional Wh nau-a-Apanui and Te Arawa descent. then describes the Cape York Regional Strait Island land and managing social approaches, connecting networks and She is the Director (Research Office) Plan (2014) outcomes to highlight the planning and research projects. advocacy. at Te Whare W nanga o Awanui rangi, relationship between the levels of and Professor of M ori and Indigenous planning and the economic future for the These services are particularly important Research. Previously, Annemarie was region as a whole. SIMON HAWKINS for groups who have agreements in a Senior Lecturer and Director of Te Au place, but due to the delays in native title The results of the review illustrate how Rangahau M ori Business Research recognition, don’t yet have a Prescribed land use planning for local government Centre at Massey University, and has Evolving Native Title Services Body Corporate to manage their business. and the Cape York Region pays scant developed papers and qualifications Native title groups in the Pilbara and attention to the relationship between The evolution of land councils is critical in the emerging disciplines of M ori Yamatji regions of Western Australia the permitted land uses; state interests; to ensure the accountability, knowledge management, business and leadership. have seen dramatic change over the last and the roles and responsibilities of the and understanding built over the decades She also has expertise in developing M ori decade through the growth and decline RNTPBC/PBC. It is this lack of attention stays accessible to traditional owners as a research methodologies and experience in of iron ore mining and the resulting not-for-profit service. Simon Hawkins is Chief Executive Before joining YMAC in 2003, Simon and Torres Strait Islander people’s operations and has more than 23 years Officer of the Yamatji Marlpa Aboriginal worked for the Department of Indigenous presence on country is often described as of experience in this field. He spent 14 Corporation (YMAC), the native title Affairs as a director, where he managed a cultural commitment or obligation and years with different Commonwealth representative body covering almost one a regional network of officers across the it may also be a legal necessity in terms agencies specialising in Indigenous million square kilometres, across the state. He has also held senior positions in of native title. This session provides an Affairs and has worked extensively in resource-rich Pilbara, Murchison and local and state government. opportunity for an open discussion about Indigenous communities in Australia. Gascoyne regions of Western Australia. the past, present and future of Aboriginal Mr Hunter has worked with the Australian communities and their importance Consulate in Manchester, focusing on YMAC is run by an Aboriginal Board of to Aboriginal people exercising and immigration and humanitarian programs Directors and represents 24 native title NOLAN HUNTER, maintaining their native title rights as well as the Australian embassy in claims through its officers in Geraldton, BRIAN WYATT, and interests. Vienna, Moscow, Edinburgh and Dublin. South Hedland, Tom Price and Perth. On returning to Australia, Mr Hunter SIMON HAWKINS Nolan Hunter is the CEO of the As CEO, Simon has also overseen has worked as the Director of several Kimberley Land Council – a not-for‑profit the largest native title negotiations Indigenous organisations. organisation that assists Aboriginal in Australia’s history, including the The Closure of Aboriginal people to secure land rights. He is also Through his role with the Kimberley multi‑billion dollar agreements between Communities the Chairman of the National Native Land Council, Mr Hunter is an active Pilbara traditional owners and Rio Tinto Title Council and a member of the campaigner for Indigenous native title Iron Ore. In addition to this, YMAC has Since late 2014 there has been much Western Australian State Government rights and management of country. He negotiated hundreds of agreements confusion and debate about the future Kimberley Regional Planning Committee. strongly supports the development of with national and international bodies, of funding for Aboriginal communities The Kimberley Land Council, as the sustainable business enterprises based on behalf of the traditional owners and homelands/outstations, particularly representative body of Kimberley on Aboriginal cultural values as a way to represented by the organisation, including in Western Australia and South Aboriginal people, works with Traditional generate wealth in remote communities, securing a National Heritage Listing and Australia. Arguments over the financial Owners to look after country through ignite social change and create positive Indigenous Protected Area partnerships. responsibilities of Commonwealth and state/territory governments has occurred conducting strategic conservation futures for Kimberley Traditional Owners. alongside ideological arguments over and land management activities while Mr Hunter has recently presented at a the rights of Aboriginal and Torres creating sustainable cultural enterprises number of International conferences on Strait Islander peoples to reside on or to promote social change and build the development of environmental and near their country and to have access positive futures. cultural enterprises and the KLC’s work to connect Indigenous land managers to basic services there. This represents Mr Hunter is a Bardi man with strong links from across the world. He has presented the latest episode in a long-running to his people and culture across saltwater at both the Thirteenth and Fourteenth debate in Australian Indigenous Affairs country in northern Western Australia. United Nations. about homelands/outstations and the In keeping with Aboriginal traditions, Mr movement of Aboriginal and Torres Strait Hunter has been taught by his senior Brian Wyatt is a Churchill Fellow who Islander people into larger, centralised elders the stories of, and knowledge about has had nearly 40 years of experience communities. The recent debate around his people, language, law and culture. His in administration of Aboriginal affairs. the closure of Aboriginal communities expertise in traditional knowledge has He held the position of CEO with the raises important questions in relation to been further advanced in his role as CEO Goldfields Land and Sea Council for 11 native title. Living on and having access of the KLC, which represents and brings years and was the inaugural Chairperson to traditional country is fundamental to together about 25 different Aboriginal of the National Native Title Council (an maintaining an ongoing connection to tribal groups from across the region. alliance of Native Title Representative country which is central to native title. Bodies and Native Title Service Mr Hunter has a professional background Rather than a lifestyle choice, Aboriginal Providers from around Australia). Brian in strategic management and staffing participates regularly in the United million square kilometres, across the of the legal framework issues that PBCs Michael also represents a number of Nations Permanent Forum on Indigenous resource-rich Pilbara, Murchison and will need to overcome, focussing on ongoing native title and compensation Issues as well as the Expert Mechanism Gascoyne regions of Western Australia. rule books. claims and is regularly involved with on the Rights of Indigenous Peoples. the negotiation of land access, cultural YMAC is run by an Aboriginal Board of The presentation will firstly provide This has led to him being invited to heritage and community development Directors and represents 24 native title context of the status of PBCs in South represent the Pacific Region at various agreements. Prior to joining SANTS, claims through its officers in Geraldton, Australia and identify some of the key UN Permanent Forum Workshops on Michael was a solicitor at DLA Piper South Hedland, Tom Price and Perth. issues for those structures. Second, the Mining and Indigenous Communities in (formerly DLA Phillips Fox). He holds discussion will attempt to unpack some Siberia and the Philippines as well as As CEO, Simon has also overseen an Honours degree in Laws and Legal of the regulatory frameworks that PBCs Conferences on Climate Change in Alaska the largest native title negotiations Practice and a degree in International need to navigate, focussing on some of and Copenhagen. He attended Rio+20 in Australia’s history, including the Studies from Flinders University. the traps that PBCs in South Australia in Brazil in 2012 and the 2014 UN World multi‑billion dollar agreements between have needed to overcome in drafting Conference on Indigenous Peoples in New Pilbara traditional owners and Rio Tinto and implementing their rule books. York representing the Indigenous People Iron Ore. In addition to this, YMAC has Third, the presenters will propose some DAVE JOHNSTON Network of Australia. negotiated hundreds of agreements practical tips in address issues with PBC with national and international bodies, Brian took up the role as CEO with the rule books. on behalf of the traditional owners Addressing Australia’s National Native Title Council in March represented by the organisation, including Dr Tom Jenkin is the Manager for 2010. Among other committees, working Indigenous Cultural Heritage securing a National Heritage Listing and Capacity Development at South Australian groups and dialogues involving extractive Site Management Crisis: stop Indigenous Protected Area partnerships. Native Title Services Ltd (SANTS). Tom industries, he is a member of the First joined SANTS (then the Native Title Unit the destruction! Peoples Water Engagement Council, Before joining YMAC in 2003, Simon of Aboriginal Legal Rights Movement) Chair of the Murray Darling Basin worked for the Department of Indigenous Indigenous Australian’s, are increasingly in 2005 to undertake a review of the Commission National Cultural Flows Affairs as a director, where he managed speaking out in anger and exasperation in South Australia state-wide negotiation Research Committee, and a member of a regional network of officers across the attempting to exert our right to manage process which formed part of his doctoral the Indigenous Science Review Panel of state. He has also held senior positions in and protect our significant heritage research entitled ‘Negotiating Indigenous- the National Climate Change Adaptation local and state government. sites and places in this era of deliberate Settler Geographies’. Tom has since Research Facility. weakening and ‘dumbing down’ of the worked across a range of native title nations’ Indigenous cultural heritage site Since his appointment as CEO of the related matters including implementation management policies and legislation. National Native Title Council he has also DR TOM JENKIN, initiatives, legislative and policy reviews, With no public debate nor adequate spread his network through to areas such MICHAEL PAGSANJAN and heritage and caring for country Indigenous consultations occurring in as the National Congress of Australia project. Tom is a human geographer with this era of Indigenous heritage policy First Peoples, Indigenous Water Advisory applied research interests in achieving and management erosion, the situation Council, Extractive Industry Transparency Tips and traps for PBC just and sustainable outcomes through has become a national travesty, with Initiative with the Department of rule books building on native title. Internationally recognised Indigenous Resources, and Indigenous Leaders Michael Pagsanjan is a Senior Legal core human rights issues, very much, Dialogue with the Minerals Council Prescribed Body Corporates (PBCs) are an Officer at SANTS. Michael represents at the fore. of Australia. essential part of the structures for native title communities post determination. several Aboriginal Corporations and This paper explores some key Simon Hawkins is Chief Executive However, a number of key structural Prescribed Body Corporates throughout management issues that have become Officer of the Yamatji Marlpa Aboriginal issues persist for PBCs in their efforts South Australia and has assisted with clearly identifiable in this national Corporation (YMAC), the native title to achieve sustainable nations. This the development of corporate and trust heritage crisis. representative body covering almost one presentation will seek to address one structures for Aboriginal communities. The paper also promotes base level We cannot effectively influence the Hands-on in a number of Indigenous- and wish to make an application for a Indigenous cultural heritage management government decisions which affect led organisations, Fiona is a Leader of determination of native title in response considerations that could apply to a future our lives. We are the three% ‘mouse’ Empowered Communities, Board Member to the non-claimant application they have National Indigenous Heritage Policy struggling to be heard by the 97% of Bama Services and Djarragun College, four months from the date of notification Charter – one based on internationally ‘elephant’. Others continue to devise and and Chairperson of Jawun Advisory Group. of the non-claimant application to recognised best practice cultural heritage implement ‘solutions’ to our problems become registered. Fiona’s enthusiasm, dedication and policies and one also adhering to the largely without our input and absent expertise were recognised when the Three months or less is a totally ‘United Nations’ Declaration on the Rights any accountability to Indigenous people. Australian Institute of Management inadequate time to prepare an application of Indigenous Peoples’. Such a Charter We live the Indigenous predicament. named her Queensland Not-for-profit for a determination of native title in would particularly need to recognise No one is better placed to solve the Manager of the Year in 2012. Fiona cases where there has not been any and respect the rights of Indigenous challenges that confront our people. We was also a State Finalist in the Telstra anthropology carried out, which will be Australian's to speak for and protect our have the knowledge, but not the power. Business Women’s Awards. most cases, and it may be unknown which important heritage sites as well as to Government have all the power, but little group is the correct applicant. Although ensure economic aspirations don't cloud of the knowledge. This paper will discuss the non-claimant process is available decision making regarding the protection the Empowered Communities initiative: under the NTA in these circumstances of the nations' significant heritage. collaboration between Indigenous leaders JENNIFER JUDE, it works very unfairly against native title nation-wide to develop recommendations Dave Johnston is an Indigenous claimants which will be elaborated upon. for national structural and institutional MARTIN DORE archaeologist and Director of Aboriginal reforms aimed at enabling Indigenous Jennifer Jude is a senior solicitor Archaeologists Australia and a Director of empowerment, responsibility and Is the non-claimant process at the NQLC and was formerly the the Boon Wurrung Foundation. For over 20 self-determination. Our aim is to Director Crown Lands Legal, Native years Dave has worked as the community unfair to native title holders create a structure and system which Title and Aboriginal Land Claims, at appointed archaeologist for many when used to freehold pastoral allows Indigenous people to take the Department of Lands (NSW) and its Traditional Owner groups throughout responsibility for our economic, social and agricultural term leases in successors in title, prior to taking up Queensland, NSW, Victoria and the ACT. and cultural determination. the position with the NQLC. Jennifer has He is Chair of the Australian Indigenous Queensland worked in native title since its inception. Archaeologists Association a member of Fiona Jose is an Indigenous leader Changes to the Land Act 1994 (Qld) permit the AIATSIS Research Ethics Committee. dedicated to education, reform the conversion of agricultural and pastoral Martin Dore commenced practice as a and empowering change for term leases to freehold. Government fact solicitor in Port Augusta, South Australia Indigenous Australia. sheets have informed Queensland term in 1981 and has wide experience in various fields of law including native title. Martin FIONA JOSE A proud Aboriginal and Torres Strait lessees that they can proceed down the joined the NQLC as Principal Solicitor Islander, Fiona’s love for her family, non-claimant path if their leases are not (PLO) in 2000. Empowered communities: culture and heritage shaped her subject to a registered claim. creating a structure for career in empowering local change in A non-claimant application permits the Indigenous communities. lessee to seek s24FA protection under the Indigenous empowerment Fiona first joined the Cape York Institute Native Title Act 1993 (Cth) (“NTA”) which The fundamental challenge we face in 2010 and has since held a number provides validity for the conversion of the in closing the gap on Indigenous of executive positions as Director of term lease to freehold, or alternatively to disadvantage is our extreme minority Leadership for the Cape York Leaders proceed to a determination that native title status as Indigenous peoples within the Program, Chief Executive Officer of Cape does not exist. Australian nation. Being only three% of York Institute, and now, General Manager If native title holders oppose the the population, we hardly get a say in of Cape York Partnership. conversion to freehold of the term lease the democratic processes of Parliament. FRANCIS JUPURRURLA He is well known for co-directing the organisations in Australia, Mr Ross has development initiatives and in building documentaries Coniston and Aboriginal played a significant role on national the capacity of Aboriginal groups in KELLY, DAVID ROSS, Rules, as well as the Bush Mechanics Indigenous issues, particularly those development planning and management. DANIELLE CAMPBELL television series. Mr Kelly has been a relating to land rights, native title, and The importance of ongoing reflection, strong voice for Aboriginal media since economic development. More recently his adaptation and context specific 1984. There is hardly an Aboriginal media leadership at the CLC has resulted in the approaches is also highlighted. Learning from an evaluation initiative in Central Australia that he has rapid expansion of the community ranger of the CLC’s Community not helped set up or run. program and the creation of the CLCs innovative community development unit. Development Program He currently chairs Pintubi Anmatjere GLEN KELLY Warlpiri (PAW) Media and sits on the board Danielle Campbell joined the Central Since 2005 the CLC has supported of Imparja TV, another media success Land Council in 2005 when the Community Aboriginal people in Central Australia Nation Building through story he helped to start. He is also a Development Unit was established. in developing an innovative community member of Yuendumu’s Granites Mine Danielle came to the CLC with experience the Native Title development model which has achieved Affected Areas Aboriginal Corporation in facilitating, researching and evaluating Settlement: reflections on lasting community benefits from income (GMAAAC) committee which uses community development processes in from land use agreements. the agreement how and why compensation income from Newmont Aboriginal Australia communities and This presentation will focus on the Australia’s Granites mine for community in Sri Lanka. As the CLC’s Community it came about, what's in it and findings and broader implications of an benefit projects. Development Manager she oversees the what it will do independent evaluation of the CLC model organisation’s innovative CD Program in David Ross was born in Alice Springs The Noongar people recently approved a for applying royalties, rents and affected Central Australia and works at a national and is of Arrernte/Kayteye descent. Mr global Noongar Native Title Settlement area payments for sustainable community and territory level to share lessons Ross joined the Central Land Council through 6 ILUA Authorisation meetings benefit. The 2014 evaluation built on four learned on effective development practice. in 1979 and undertook an Associate worth in excesses of $1.3 billion in land, years of annual monitoring to review this Among a number of significant milestones Diploma in Business Management at the programmes and funds. First discussed in $33 million program. in community development at the CLC, South Australian Institute of Technology the late 1990's, the Noongar Native Title she has played a critical role in the Key findings include that CLC supported in 1986‑87. From that time Mr Ross Settlement is a vision and strategy almost design and implementation of the CLC’s projects has: produced a diverse range of progressed rapidly to the position of 20 years in the making. Based on the Community Development Framework, social, cultural and economic outcomes Deputy Director in 1988 and Director (CEO) ideas of nation building for the Noongar managed the rapid expansion of the CD valued by Aboriginal people; empowered of the CLC in 1989. nation, the agreement is constructed program since 2010 and coordinated the Aboriginal people within a broader in a way that maintains the important Mr Ross left the CLC in 1994 when he was establishment of partnerships with a policy context of disempowerment; and, cultural and recognition aspects of native appointed to the Aboriginal and Torres substantial number of Government and generated greater longer term collective title while overcoming it's very serious Strait Islander Commission (ATSIC). The Non-Government Organisations which are benefits that individual payments. The limitations as a type of title. It creates following year Mr Ross was appointed now involved in supporting Aboriginal-led model was also found to be cost effective. a substantial Noongar land estate and development in Central Australia. the inaugural Executive Chairman of the what is in effect a Noongar bank, both Francis Jupurrurla Kelly is a Warlpiri Indigenous Land Corporation (ILC). After The CLC’s experience over the last of which are aimed at providing a host man who was born on Mt Doreen Station a four year term as Executive Chairman 10 years highlight the importance of opportunities for Noongar people be near Yuendumu. He has been a health Mr Ross returned to Alice Springs and of Aboriginal control and informed it through cultural, social or economic worker, mechanic, machine operator, was once again appointed Director of the decision-making on local issues and means. This presentation reflects on the council supervisor and community advisor. Central Land Council in 2000. Mr Ross solutions. It points to the significant role strategies, the processes, the moments of A former deputy chair of the CLC, as well remains in that role today. Land Councils can play in supporting joy and the extreme difficulties of bringing as a CLC delegate for 12 years, Mr Kelly In addition to running one of the most strong governance arrangements that the agreement together. became the CLC chair in 2014. respected and long-standing Aboriginal assist groups to allocate resources to Glen Kelly is a Noongar whose Native Title (NT) Determinations than any CEO of the Land Council since August BILLY LANDY, family's country is the lower south west other region in the country, with a total 2012 to present day. of WA. Glen comes from a farming of 27 Prescribed Bodies Corporate (PBC) LINDSAY ROBINSON, Brad Foster is the PBC Coordinator at background, given that his Grandfather operating in the NQLC region of varying the NQLC, and has been in this role since MCLEAN WILLIAMS, was one of the very few Noongar people capacity levels. 2013. Previously Brad worked at CLCAC as to secure a war settlement property near It became imperative for the NQLC a Project Officer (1995 – 2000) and as the SLIM WILLIAMS, Pemberton after his service in WWII. to develop innovative strategies to CEO (2000-2005). ANDREW MINYARDIE, Glen possesses a Bachelor of address capacity development issues Claire Stacey has a background Environmental Science and first worked for Registered Native Title Bodies STEWART WATSON, in community development and in the Noongar community in 1994 Corporate (RNTBC) and improve anthropology and holds a Masters in TIM SCHNEIDER in National Park management and their ability to manage their often Applied Anthropology and Participatory has since worked in a number of land complex responsibilities. Development from the Australian National management and rights based capacities. Martu Leadership Program The NQLC has commenced a partnership University. Claire has worked in the Glen has gained much local, national and This program operates in remote Martu with AIATSIS to develop 20 Modules that private, not-for-profit and government international experience in these fields. communities in the Western Desert. It will assist PBCs in all areas of their of sectors, and has experience working builds on the Martu Ranger Program. It is Glen has held the position of Chief RNTBC operations. It is further proposed on community development projects designed for everybody, not a select group. Executive Officer of the South West to have these modules accredited for in both urban and remote areas of The program combines parallel learning Aboriginal Land and Sea Council since delivery to PBCs in our region, via an Australia, as well as internationally. streams: learning in the whitefella world 2006. Since this time, he has successfully alliance with Queensland TAFE. Claire has worked at AIATSIS since 2010 and learning in the Martu world. guided the organisation and native title across a number of research projects Although these modules were primarily claimants through a series of Federal focused on the post determination The first of these aims to build developed to address capacity issues Court trials and subsequently into a landscape for native title holders. This confidence and capacity in essential within the NQLC’s region, the NQLC is negotiation with the Government of has included joint management, caring areas of technical Western knowledge: happy to share the materials nationally Western Australia aimed at resolving all for country, and community development government, corporations law, native after a suitable trial in our own region. native title claims in the south west of and housing. Claire manages the PBC title law, trust law, criminal law and WA, a settlement that has the potential Ian Kuch has had over 20 years’ Support Project, which aims to support sentencing, and the operations of to make significant changes for both experience working in Aboriginal the growing number of native title holders for‑profit and not-for-profit companies. the Noongar people and the community Communities in North Queensland to manage their traditional land and This includes coursework and study at large. from the Gulf, the Cape and to Yarrabah waters, and also contributes to a range trips to meet with, present to, learn from Community near Cairns. of research projects. and form networks with government staff, companies, lawyers and other He has a solid track record of success in professionals as well as with other IAN KUCH, BRAD FOSTER, achieving goals on a broad range of policy Aboriginal communities. CLAIRE STACEY and service delivery areas to Aboriginal people. Ian has acted as an advisor to The learning in the Martu world is cultural Indigenous Local Governments. advancement in the law. There is a limited Prescribed Bodies Corporate extent to which this can be discussed, but Former CEO of NQLC 2005. Ian was the it is critical. (PBC) Toolkit Program Transitional Manager for the NQLC to Partnership merge central Qld Land Council area The two streams make people into NQLC 2008-2009. Previously CEO and communities strong in the The North Queensland Land Council of Djunbunji Aboriginal Corp before contemporary world. Native Title Representative Body re‑joining NQLC where has been the Aboriginal Corporation (NQLC) has more Billy Landy (Butler) is a Martu man currently a board member for Kanyirninpa Aboriginal family resilience is the shield truth is that the Tasmanians have shifted residing in Nullagine community, Western Jukurrpa (KJ) and a participant in the KJ against generational government policy from being ‘extinct’ to recognised people. Australia. Language group Warnman/ Martu Leadership Program. failure and the spear through colonising Rights have been hard fought for, but Manyjilyjarra. Butler was formerly the bureaucratic structures. Understanding Tasmanian Aboriginal people are formally Stewart Watson is a Martu man residing chairman of the Martu Prescribed Body this agency, and generating new thoughts acknowledged through land returns and in Newman, Western Australia. Language Corporate. Nowadays he is the Martu about the spaces where Aboriginal traditional activity exemptions. There group Warnman/Manyjilyjarra. Stewart is mentor for the Kanyirninpa Jukurrpa (KJ) governance is created and vested, will are positive threads to weave through currently a board member for Kanyirninpa Martu Leadership Program. build towards reasonable western policy new spaces of engagement for the next Jukurrpa (KJ) and a participant in the KJ shifts for Aboriginal benefit. generation of rights. Lindsay Robinson (Lefty) is a Martu Martu Leadership Program. man residing in Parnngurr (Cotton An Indigenous talking circle will lead Emma Lee is a trawlwulwuy woman from Tim Schneider is currently residing in Creek) Community, Western Australia. discussion around concepts, issues and tebrakunna country, now known as Cape Newman, Western Australia and has Language Group Manyjilyjarra. Lindsay is experiences of demonstrating Aboriginal Portland, north-east Tasmania. Emma been working in partnership with Martu currently a board member for Kanyirninpa governance through family structures. is studying a PhD at the University of for the past five years. Nowadays Tim is Jukurrpa (KJ) and a director for the Tasmania, looking at how Aboriginal and the coordinator of the Martu Leadership Puntukurnu Aboriginal Medical Service The paradox of the Tasmanians other Tasmanians can jointly manage Program that works with Martu men from (PAMS). He is a former Chairman of protected areas such as National Parks. across the desert region. There are critical knowledge gaps Parnngurr Community. He is also in native title and cultural heritage Emma’s experience is informed by currently a participant in the KJ Martu protection in Tasmania that contributes working as an archaeologist in NSW, Vic, Leadership Program. to exclusion for Tasmanian Aboriginal Tasmania and the NT. Emma has been a EMMA LEE Natural and Cultural Resources Manager Mclean Williams is a Martu man people to enjoy the benefits of legislative at Uluru-Kata Tjuta National Park and residing in Kunawarritji Community mechanisms, such that there are no has served on several boards and advisory (Well 33), Western Australia. Language From boardroom to kitchen native title claims, ILUAs or formal joint councils for land management and the Group Manyjilyjarra. Mclean is currently a management agreements. A chronology of table: shifting the power seat environment in NSW and Tasmania. board member for Kanyirninpa Jukurrpa native title attempts and cultural heritage of Aboriginal governance Emma has authored several papers (KJ) and a director for the Puntukurnu protection has been developed to highlight and an award-winning book on Sydney Aboriginal Medical Service (PAMS). He Aboriginal governance is nested in the the historical and contemporary spaces Aboriginal culture and heritage, and is also currently a participant in the KJ commonality of recognising that the that Tasmanian Aboriginal people have has recently begun the long journey Martu Leadership Program. individual is unique, has agency and occupied to negotiate rights in. in learning how to string the iconic contributes key reflective moments to Slim Williams is a Martu man residing The seat of legitimacy for Tasmanian Tasmanian shell necklaces. the collective (Graham 1999). This agency in Parnngurr (Cotton Creek) community, Aboriginal people (within the confines of is often ignored, not well understood Western Australia. Language groups the Western view) is revealed through an or badly handled when government Kartujarra/. Slim is currently analysis of Tasmanian government policy, Aboriginal consultation policies, ADAM LEVIN, a registered claimant of the Gingirana Aboriginal land holdings and cultural particularly for native title, have entry Claim and an active board member with activity rights. Unfortunately, government GLEN KELLY points at the organisation level, such the Birriliburru Native Title Holders. He views of land return and cultural heritage as boards of management and local is currently a participant in the KJ Martu has been a duplication of colonial policies statutory corporations. Policy shifts Noongar Boodja Trust: a Leadership Program. aimed at shifting the places and terms are required to understand that the of Aboriginal engagement away from the historic settlement Andrew Minyardie is a Martu man legitimacy and durability of Aboriginal centre to the margins. residing in Bidgadanga community, governance is located within the family The southwest native title settlement of Western Australia. Language group and not organisations. While legitimacy is conferred to certain the combined Noongar Boodja native title Warnman/Manyjilyjarra. Andrew is forms of Aboriginality against others, one claims represents the single largest native title settlement in Australia’s history. on economic and business opportunities. DR ILLISAPECI LYONS, importance of considering climate change The settlement requires governance Adam is ranked in Chambers & Partners within wider institutional arrangements structure capable of embracing many for his native title expertise, with sources DR ROSEMARY HILL where impacts of historical legacies of challenges including: praising his combination of legal dislocation and disruption to Indigenous expertise and commercial perception custodianship can also be addressed. • large land holdings including cultural Making sense of climate and his ability to provide clients with lands, Dr Ilisapeci Lyons (Pethie) is a post- ‘thoughtful, sensible and helpful’ advice. change and its impacts with doctoral social scientist with CSIRO. Her • 20,000 Noongar people, Adam has also been recognised by Best Indigenous people in the research title is ‘Scientific and Indigenous Lawyers for his work in corporate law, six distinct regions with distinct groups Mackay Whitsunday region knowledge integration: testing conditions • trusts and estates, tax law and wealth and unique composition, for effective biodiversity management’. management/ succession. Increasing scholarship in the Indigenous Prior to joining CSIRO she worked with one central services corporation field of research on climate change • Glen Kelly is a Wardandi Noongar whose state government on natural resource delivering a common platform with a confirms that environmental change is family’s country is the lower south west management programs and undertook unique capacity building requirement impacting livelihoods on country. Despite of WA. Glen comes from a farming research in the Pacific and South East build around programed redundancy, this, climate change is not the immediate background, given that his Grandfather Asia on community level governance and and concern for many Indigenous peoples was one of the very few Noongar people whose lives are impacted by other ongoing community engagement and development. cultural governance and corporate to secure a war settlement property near • environmental and socio-economic Dr Rosemary (Ro) Hill is a human governance structures. Pemberton after his service in WWII. concerns that are deeply embedded in geographer dedicated to collaborative As the lead author of the governance Glen possesses a Bachelor of a colonial history, and that frame how environmental governance, indigenous documents, working closely with the state Environmental Science and first worked climate change is considered. This peoples and social-ecological of WA and the SWALSC, I’d like to share in the Noongar community in 1994 research, undertaken with the sustainability. Ro is a principal research the common governance challenges in National Park management and and Koinmerburra Aboriginal groups, on scientist Australia’s national applied within the governance documents that has since worked in a number of land climate adaptation planning, adopted an science organisation CSIRO and an constitute the NBT (www.noongar.org.au). management and rights based capacities. Indigenous-driven process that involved: Adjunct Associate Professor with James Glen has gained much local, national and mapping sites of value and knowledge Cook University. She has experience in Adam Levin is a partner at Jackson international experience in these fields. recording; discussions of climate cross-cultural collaborative research McDonald with over 20 years experience projections and considerations of risk; with indigenous people and with other Glen has held the position of Chief in commercial and taxation law. Jackson and development of response strategies. transdisciplinary research partnerships, Executive Officer of the South West McDonald is a leader in the WA market Observations and semi-structured and has received numerous awards. Ro Aboriginal Land and Sea Council since for many years in the native title space. interviews were conducted throughout leads social science teams in CSIRO 2006. Since this time, he has successfully The firm has been invited to work the research. Key considerations for the investigating issues of adaptation and guided the organisation and native title closely with various stakeholders on the traditional owner groups in planning transformation in landscape conservation, claimants through a series of Federal majority of major native title settlement for climate adaptation were capacity Indigenous-managed areas and through Court trials and subsequently into a packages in Western Australia. Adam is building and access to country to: multiple knowledge platforms. She negotiation with the Government of well regarded nationally for his expertise speak for country and strengthen their has more than forty peer-reviewed Western Australia aimed at resolving all and forward‑thinking on tax effective knowledge and management of country; publications on these topics. She is native title claims in the south west of trust structures for managing native protect connection to country and the a Member of the IUCN Commission WA, a settlement that has the potential title benefits. socio-cultural fabric of the groups; and on Environment Economic and Social to make significant changes for both be recognised and involved in decision- Policy, the World Commission on The focus for native title has shifted the Noongar people and the community making about their country as custodians. Protected Areas, the Expert Taskforce towards the successful management of at large. financial benefits within new Aboriginal This research with traditional owners in for Indigenous and Local Knowledge controlled organisations, and capitalising the Mackay—Whitsunday highlights the of the Intergovernmental Platform on Biodiversity and Ecosystem Services. TROY MALLIE, Troy Mallie is an Eastern worked across a range of native title established Yawuru Conservation Estate and Mualgal man and is a consultant related matters including reviewing the (YCE) – joint management DAMEIN BELL, with Environmental Systems Solutions. South Australian state-wide negotiation Yawuru hold exclusive possession Troy has a background in geographical process, implementation initiatives, DR TOM JENKIN, native title over the viable Roebuck information systems (GIS) and information legislative and policy reviews, and heritage Plains Station, adjacent to the YCE. technology and has worked with and caring for country projects. Tom is a JOANN SCHMIDER The Indigenous Land Corporation (ILC) many Indigenous groups and other human geographer with applied research divested the 280,000 ha lease to Yawuru in organisations in Australia and overseas interests in achieving just and sustainable Protecting and managing 2014. The lease carries 20,000 head and for over 12 years. Troy has extensive outcomes through building on native is a key West Kimberley integrated cattle native title information for experience in the development and title, including in the areas of natural and business. ILC will continue business for implementation of technical solutions for cultural resource management. traditional owners some years. the storage and protection of cultural and These presentations outline from Joann Schmider is a Millaa Millaa natural heritage information. Troy has Due to the cultural/ecologically significant different perspectives the experiences rainforest, Waribara clan woman of the worked on some major heritage projects springs and shallow freshwater and issues of managing, storing and Mamu native title holder group. She is including the World Heritage nomination on parts of Roebuck Plains Station, appropriately sharing cultural information a member of the Rainforest Aboriginal of the Chief Roi Mata’s Domain in Vanuatu Yawuru are developing an Indigenous for traditional owner groups. This peoples, which comprise eight language and Wet Tropics WHA cultural mapping Protected Area (IPA) over areas of lease involves the use of technologies and families, 20 tribal groups, over 120 clans project. Additionally Troy has experience including adjacent YCE. Planned IPA surrounding methodologies to assist and hundreds of family groups across in native title through his time as PBC dedicated mid-2015. native title representative bodies and the region recognised in 1988 as the Wet board director for Jabalbina Yalanji native title groups manage a range of Tropics of Queensland World Heritage Presentation focus Aboriginal Corporation. information including site locations and Area. She is working with the RAP • Zoning system of the IPA on Roebuck characteristics, oral histories, native Damein Bell is part of the Gunditjmara Cultural Values Project 2012–2015, a station including the logic and title reports, personal biographies nation in the south west of Director of Central Wet Tropics Institute application of the IUCN Cat 4 and and language. These technologies Victoria. Damein has nearly 25 years for Country and Culture AC Rainforest Cat 6 to differentiate management are also being utilised to drive other of experience in native title, cultural Aboriginal peoples’ quorum party, and a approaches. business and work flow practices to heritage and Aboriginal land management Director of Mamu AC RNTBC which is also assist these organisations to better and is the CEO of the Gunditj Mirring a Registered Cultural Heritage body. • Appling Grazing Land Management manage corporate responsibilities and Traditional Owners Aboriginal Corporation principles and Rangeland Condition deal and communicate with external RNTBC. Damein is a former member of Monitoring to the IPA, with reporting parties including mining companies the Parks Victoria Management Board, DEAN MATTHEWS, and integration into decision making and government. This presentation will the Indigenous Advisory Committee for process. be divided into four parts. Part one will the EPBC Act 1999 and the Victorian DR BRUCE DORAN Development of monitoring sites to provide a brief overview of projects aiming Human Rights and Equal Opportunity • establish baseline data for pastoral to map cultural information; in part Commission Board. Yawuru IPA: linking cultural and biodiversity/cultural values for two Gunditj Mirring provide a Victorian Dr Tom Jenkin is the Manager Community mapping and analysis over the Yawuru perspective; part three will see South and biodiversity management and Corporate Development at South seasons. Australian Native Title Services talk with pastoral objectives Australian Native Title Services Ltd about their experiences; and part four (SANTS), where he has worked since Case study of multi-tenured Indigenous • Develop tools and spatial outputs to will highlight the approach of Rainforest 2005. Tom currently works with PBCs to Protected Area, including as a precedent, support decision making across the Aboriginal peoples. assist them to manage native title and parts of a commercially viable cattle IPA, allowing for ongoing evaluation develop and implement initiatives to station. Yawuru are Native Title Holders – and adaptive land management achieve their aspirations. Tom has also Broom and surrounds. Yawuru Agreement balancing cultural, biodiversity, pastoral objectives. Dean Matthews, Yawuru traditional Australia that covered the entire land and Michael Ross is an Olkola man from the University of Notre Dame, Fremantle owner with over 20 years of experience inland waters of Cape York Land Council’s the region whose since 2001, teaching Indigenous Peoples working in the Kimberly including as a representative body area. traditional lands go along the Great and the Law. He was the Solicitor for Natural Resource Management Officer Dividing Range from Alice River to Lukin John Koowarta in the 1982 High Court The claim was registered in February 2015 (Department of Water) and Indigenous River in and to the Case of Koowarta v Bjelke Petersen which and means that the entire representative Water Facilitator (Kimberly Land Council North of the Mitchell River and South of held that the Racial Discrimination Act body area of Cape York is either covered by and NAILSMA). Dean has been employed the Palmer River. Michael is also a Native was valid as an exercise of the external a determination or a registered claim. with the Land and Sea Unit at Nyamba Title holder for the Strathgordon Native affairs power, and solicitor for the Meriam Buru Yawuru since September 2010 and The claim enables the CYLC to engage Title Claim. People in from 1981 is also a Yawuru PBC Director. His current with the state of Qld and other peak to 1992, appearing as Counsel for Eddie Michael was born in Coen in far North position is Senior Project Office with a bodies to develop a comprehensive Koiki Mabo in the High Court in 1991. He Queensland and spent his schooling years key role to monitor and contribute to the framework agreement. The framework is has appeared as Counsel in several native there until he left the area as a young strategic direction and development of the integrated with the regional agreements title cases, Racial Discrimination Act cases teenager. Michael now spends most of his Yawuru Protected Areas. being developed by other Cape York and Aboriginal Heritage protection cases time in the dry season at Kalpowar cattle Regional Organisations (who are also in the High Court, Federal Court and Dr Bruce Doran is a Senior Lecturer in station and encourages Aboriginal youth presenting complementary presentations Supreme Court. Geographic Information Systems (GIS) at to become involved in caring for their at the conference) and will enable one the Fenner School of Environment and traditional lands. of the most comprehensive settlements Society, Australian National University in Australia to date. The common theme (ANU). Over the last 10 years, he has MATTHEW MOHARICH, of the integrated regional agreements is established a reputation as a recognised to empower traditional owners to make ADJUNCT PROFESSOR CHARLES GREGORY experience the social applications of decisions concerning their own land mapping technology. Dr Doran started GREG MCINTYRE SC and management. working with Nyamba Buru Yawuru (NBY) The SA Royal Commission into on mapping issues in 2011 when he coded Adam McLean is a barrister and the What does it take to occupy and nuclear: has the nuclear door and mapped elements of the Community current Principle Legal Officer of the Cape been opened and what does it Demographic Survey. Since that time York Land Council. Adam has represented exclude? he has worked closely with NBY staff to traditional owners over many years in This paper will address the issues raised mean? develop mapping techniques and outputs native title and related matters. Adam in the appeals relating to the Banjima In February 2015 South Australian Labour for different management issues across has negotiated numerous agreements Peoples case, in particular issues of Premier Jay Wetherill announced the the Yawuru estate. on behalf of traditional owners including the proof of exclusive occupation and Nuclear Fuel Cycle Royal Commission. the first Indigenous Land Use Agreement occupation for the purposes of section in Australia which also secured 47B of the Native Title Act 1993 (Cth). A The draft terms of reference focus on ADAM MCLEAN, part‑ownership of a mining company Full Court bench of five members of the aspects of the nuclear fuel cycle other (Tumut Brungle Area Agreement), the Federal Court sat to consider whether the than mining — enrichment (although MICHAEL ROSS first ILUA securing a national park previous Full Court decision in Griffiths v not for military purposes), storage of for traditional owners (Bundjalung Northern Territory on exclusive possession waste and power generation. The Royal Single native title claim for People of Byron Bay (Arakwal)), the first was correct and whether the Full Court Commission is being conducted by South Australia but the impacts may be Cape York and the Cape York comprehensive agreement under the decision of Moses relating to the issue of Victorian Framework process (Dja Dja occupation was correctly applied. far wider. Framework Wurrung), and is responsible for lodging From the moment it was announced the one of the largest native title claims over Greg McIntyre SC, Barrister, John Toohey In December 2014, after an exhaustive Royal Commission has gained attention the entire Representative Body Area of Chambers, Western Australia was authorisation process, lodged one of from people across the political spectrum. Cape York Land Council. appointed Senior Counsel in 2002 and the largest single native title claims in has been an Adjunct Professor of Law at Liberal Prime Minister Tony Abbott described it as ‘a gale of common sense’. In those roles Charles worked across Kado is currently Chair of the Management Planning on MY exclusive Former Labour Prime Minister Bob Hawke administrative, native title, cultural Foundation which manages a number native title lands, partnering with industry called the Royal Commission a ‘hell of heritage, resource and mining, of community based research projects, and Qld government to deliver workforce a good idea’. Scott Ludlum a Greens discrimination, and carbon on including the Goldfields Aboriginal development, commercial authority over Senator from Western Australia said ‘[i] environment law, and appears in the Languages Project, Goldfields Indigenous tenure and the launch of the MYAC Eco f the Royal Commission brings a genuine Local, District, Supreme and Federal Heritage project and Traditional ecological Tourism enterprise which encapsulates spirit of independence and rigour, and is Courts and in the Land and Environment knowledge projects through the a combination of cultural and natural willing to take evidence on the nuclear Court. Charles completed a Masters Walkatjurra Rangers. values as pathways for socio economic sector’s performance in Australia and in International Law and International enhancement. Flexing autonomous Kado operates a number of businesses overseas, the report will provide a valuable Relations from the University of New ambitions, deployment of partnerships including an Aboriginal tour business, contribution to domestic energy and South Wales in 2011. with industry and government, creating a heritage research and community industry policy’. investment, activity generated income, development consultancy business. He is delivering sustainable environmental This talk will look at the risks and a long-time activist, currently engaged in economy that translates into opportunities for native title holders (and KADO MUIR campaigns to stop uranium mining and tradable equity. the holders of Aboriginal Land) arising promote alternative community based from the Commission. Which areas of the Sandalwood horticulture in enterprises. He brings to AIATSIS a strong Dale Mundraby is a traditional owner of country might be impacted, by what parts community-based Indigenous research the Mandingalbay Yidinji people, from the of the nuclear fuel cycle and what say the desert perspective and is interested in private Far North Queensland Wet Tropics region, might native title holders have? One of the many challenges facing sector funding for public collections who has worked for the North Queensland and research. Land Council for 10 years. He has been Matthew Moharich is a solicitor with Indigenous people, especially in remote previously employed as a primary teacher, the Goldfields Land and Sea Council areas, are creating culturally and having gained a Bachelor of Education in Aboriginal Corporation. Matthew has environmentally sustainable enterprises 1998, and has worked for the Wet Tropics worked in the native title field since 1999 that align with traditional responsibilities DALE MUNDRABY, Management Authority. Dale is currently including at the Cape York Land Council, and that build livelihoods. Regaining DEWAYNE MUNDRABY, working as Executive Director of Djunbunji and the Northern Land Council. While control of land through native title and Ltd, Land and Sea Program for the last at Cape York Land Council he was the similar means provides a resource VINCENT MUNDRABY 3 years. Dale assists the Mandingalbay instructing solicitor for the ultimately base but innovation, hard work and the Yidinji Aboriginal Corporation Prescribed successful challenge to Queensland’s Wild ability to negotiate complex market and Creating environmental Body Corporate in developing projects Rivers Act and has had carriage of native regulatory environments are required for on country with the goal of looking title claims which have been determined success. The sandalwood industry in the economy & sustainable land after country. To assist in improving in both the Northern Territory and western desert provides a good example development the wellbeing of the Mandingalbay Queensland. Matthew has also advised of balancing traditional responsibilities The Mandingalbay Yidinji people through Yidinji people and developing economic Aboriginal people on substantial mining with complex contemporary realities its Prescribed Body Corporate, has over development from country. and major infrastructure agreements. to generate livelihood options in the past two years laid the foundations remote areas. Dewayne Mundraby is a Mandingalbay Charles Gregory is a Barrister in Sixth for its emerging enterprise business to Kado Muir is an anthropologist/ Yidinji man, a traditional owner, Floor Windeyer Chambers in Sydney. enhance the vitality and protection of its archaeologist with many years of and native title holder following the Previously a solicitor Charles worked at country, people and culture. Mandingalbay Yidinji’s Determination DLA Piper, the Cape York Land Council, experience working in Aboriginal Heritage, This presentation is geared towards (2006) and Gunggandji/Mandingalbay McCullough Robertson Lawyers and the traditional ecological knowledge and exposure for producing viable outcomes Yidinji Determination (2012) in the Federal NSW Aboriginal Land Council. native title research. He has formerly been a member of the AIATSIS Research that translate into reality, such as securing Court of Australia. Dewayne has twelve Advisory and has a long association ILC funding to complete Eco Infrastructure (12) year’s experience in representative with AIATSIS. bodies. He was Chief Executive Officer VINCENT MUNDRABY, is interdependent and interconnected and She has made a commitment to at the North Queensland Land Council that the decisions we make and actions showing leadership within Indigenous for six years concluding with 17 native ELVERINA JOHNSON, we take have an impact on one another communities to inspire and motivate title consent determinations, 6 years SUE ANDREWS and the process as a whole. young people through music, art and of unqualified audits and numerous drama and to embrace education and life Stakeholders are to affirm mutual respect, high level agreements. Dewayne has a affirming opportunities. recognition and support of one another Bachelor of Arts degree, Justice Studies Our future, Yarrabah way and formalise a cooperative working Elverina has reached many of her goals with Majors in Intelligence and National Yarrabah is a discrete north Queensland relationship to politically represent the but says ‘I still have a lot more I want Security from the Queensland University community of 2409 residents; although interests of our People and develop the to achieve and work towards. I am my of Technology, Brisbane. He has also current attending clients at the health strategies and actions to bring positive biggest competitor. If I can overcome what obtained a Diploma in Human Rights centre far exceed the most recent census change in our Community. ME has to deal with, then that’s good for (Bachelor Institute, Sydney University data at 4200. The traditional owners me. I want to have an impact at all levels Law School). Vincent Mundraby is employed by the are the Gunggandji for the Northern possible for change to make things better Djunbunji Ltd/Mandingalbay Yidinji Vincent Mundraby is employed by the part of Yarrabah and jointly Gungandji for my people, my community, my nation. I People (PBC). Djunbunji Ltd/Mandingalbay Yidinji Mandingalby Yidinji peoples for the am here to impact the world.’ People (PBC). Sourthern part of Yarrabah. Vincent has been involved with Native Sue Andrews was appointed CEO of Title/Land and Sea Management for Vincent has been involved with Native We welcome the organisation of our Gurriny Yealamucka Health Services in some years now, having experienced Title/Land and Sea Management for people for political, economic, social and early November 2013. Previous to this role community consultations regarding rights some years now, having experienced cultural advancement. Yarrabah people she was the Finance Manager for many and interests of the rightful people or community consultations regarding rights will drive our community developments years. Her first appointment as a director Traditional Owners since 1994. and interests of the rightful people or in accordance with our aspirations for QAIHC began with her nomination Traditional Owners since 1994. and needs. Serving as Mayor of Yarrabah 2004-2008, through the Northern Aboriginal and being instrumental in transiting from the Torres Strait Islander Health Alliance Serving as Mayor of Yarrabah 2004-2008, Today a group of like-minded community Deed Of Grant In Trust Act To the Local (NATSIHA). being instrumental in transiting from the people are committed to putting a Government Act Queensland whilst Mayor Deed Of Grant In Trust Act To the Local new arrangement in place which will Sue is a proud Aboriginal woman with a of Yarrabah. Government Act Queensland whilst Mayor contribute to long term “Essential Service rich & valued Christian upbringing. Her of Yarrabah. Delivery” to create a healthy, smart, safe, More recently Vincent has been working family connections are from Western sustainable, employed and economically on the Yarrabah DOGIT Transfer of Title Australia’s North West Kimberley area as More recently Vincent has been working participating community. Deeds to the Gungandji Mandingalbay well as the North Queensland region. on the Yarrabah DOGIT Transfer of Title Yidinji People Prescribe Body Corporate. Deeds to the Gungandji Mandingalbay The intent is to build a stronger, resilient She grew up in Yarrabah after her family This will be finalised by December 2015 Yidinji People Prescribe Body Corporate. community through a resurgent of moved back there when Sue was in her This will be finalised by December 2015. invested social capital, market economy Elverina Johnson is a Kunganji Woman early teens. She has held numerous jobs and individual economic independence. A of Yarrabah, and her parents are from the within Yarrabah and Cape York as well Reciprocal Accountability Framework will Murgha and Fourmile families. A writer, as several executive Board positions define shared responsibility across service artist, curator, researcher, and community on organisations within Yarrabah & the providers and Government Departments leader, Elverina is currently curator for Cairns area. to achieve common goals in a Yarrabah the Yarrabah Museum and also manages Sue is a firm believer in our people Community Model. the Dirringhi Aboriginal Corporation, having a greater say and responsibility which she co-founded, and specialises in Stakeholders involved must be responsible over the management of their health and developing arts and education activities for their commitments and for their part says it is only then we will be able to see within schools and health. of the process, recognising that each part improved health outcomes for the people of Yarrabah. MALUWAP NONA, (b) How traditional laws can be Strait Islander, as his Grandfather Child Health worker at the Queensland exercised to protect sites of was traditionally adopted by the Health Department where she has been JERRY STEPHEN, cultural significance in the seas. Tribe. for 7 years. She has a strong passion for improving the health of her people. NAZARETH FAUID (c) Most importantly, how traditional Mr Stephen has over twenty years of laws can be used to achieve experience working delivering various Nazareth has volunteered in the position Torres Strait Native Title Sea economic development outcomes programs throughout the Torres of PBC Chair of Garboi (TSI) RNTBC for Torres Strait Islanders. Strait, Papua New Guinea, Indonesia Corporation as well as a Treasurer of Rights and Malu Lamar and Australia. Mr Stephen has been Porumalgal (TS) RNTBC Corporation Maluwap Nona is a descendant of the volunteering his time working within the since 2008. 1.1 Native Title and Torres Strait Sea: Gudamalulgal Nation in the Torres native title sphere advocating for fisheries The Torres Strait is the home of native Strait. His clan is Dhamway, totem is reform and funding for PBCs. title in Australia. Although many the Thiturthabu and is a Naigai Gubalaig Australians think that native title (Northeasterly Wind Person). Mr Stephen is a member of the Torres GARRY PAPPIN, began with the High Court’s Mabo Strait Regional Authority Board. As an Maluwap is an advocate for Native Title CYNTHJA PAPPIN decision on 3 June 1992, native title elected representative of the region, Mr with 22 years’ experience volunteering is in fact the traditional laws and Stephen has the opportunity to directly his time in various roles in the Torres customs of Australia’s Indigenous address issues affecting Aboriginal and Consistent failure: why an ever Strait. He is a member of the Expert people. Those traditional laws and Torres Strait Islanders to Government. changing government policy is customs have existed since time Indigenous Working Group through COAG immemorial. who is conducting an investigation into ‘Since Colonisation of Australia our First detrimental to native title Indigenous land administration and use. Nations people have been struggling So it began in the early days with Mabo 1.2 The Akiba Case: How the ‘Torres Strait for their rights and after numerous Maluwap was instrumental in the Court anos winning their inherent birth rights Regional Sea Claim’ commenced and battles and resilience we now have many case of Queen v Nona & Gesa 1999 Qld for their people... And so began the native proceeded through the Court process opportunities to implement those Rights.’ DC (CJ), where it was determined that title surge right across the country by all to the High Court’s Akiba decision Jerry Stephen 2015 traditional owners to attempt to win their in 2013. traditional owners of the Torres Strait had the customary marine rights as well as Nazareth Fauid lives on Poruma (Coconut birthrights and country back from the 1.3 Post Determination: Many people rights under the Torres Strait Treaty. This Island) and is a Kulkalgal woman. Her colonisers. They still refuse to yield and think that when a native title claim in resulted in major changes in policy and clan group is Samu (cassowary) and blood recognise the traditional rights and the the Courts is finally decided, that is the law in the Torres Strait. ties stretch to Mua, Mabuiag and the sovereign rights of all tribal groups of the end of the matter. Nothing could be nation. First Nations people. further from the truth. Overview of the Maluwap was active in the Torres Strait This paper will address the issues faced whole world of opportunities as well Sea Claim Determination which was Nazareth has strong cultural knowledge from that period of time up to the present as some disappointment which often historic in recognising Native Title rights and values which instil her with the and the failure of those policies and of the follows. including commercial rights over the seas aspiration to represent her people in in the Torres Strait. Maluwap continuously Torres Strait. failure of those government instruments 1.4 The Future: Working through the advocates for positive change in the Native that were designed to assist and further Nazareth’s role model was her late father. challenges of turning aspirations Title sphere. native title claims/applications. This paper The knowledge he taught her has given into reality. Real outcomes involve presents an overview of the native title Maluwap is Chair of the Malu Lamar her a holistic understanding and approach the following: recognition process through the examples RNTBC. to her work and life. of the Muthi Muthi people #1, #2, and #3 (a) How traditional laws comprising as well as other nearby claims. These are native title can be exercised with Jerry Stephen (Jnr) is an Ugaram Le Nazareth has worked at the Australian the people from whose recognition and minimal restriction from outside from Ugar (Stephen Island) was born Quarantine and Inspection Service (AQIS) birthrights continue to be denied and for laws and authorities. and educated on . Jerry and the Poruma Island Local Council. identifies as both Aboriginal and Torres Nazareth is currently in the position of whom valuable resources squandered. Gary Pappin is a Muthi Muthi traditional FNF works with both the community of Aboriginal society in south-eastern DARREN PERRY owner from outback New South Wales and the financial services sector by Australia. Trevor brings over 30 years of his traditional lands encompass Lake developing and leading, evidence-based experience working for and within the Mungo and the Willandra Lakes World policy frameworks to guide community, Aboriginal community at local, state and Victorian Traditional Owner Heritage Area as well as the Nimmie Caira corporates and government. national levels. Committed to achieving Water Policy Framework wetlands and everywhere in between. Gary excellence his various roles have required FNF has partnered with the Financial Victorian traditional owners have invested has long been an advocate for the rights a high level of responsibility for the Services Council (FSC), who represents significant effort to engage government on of people both in Australia and overseas. social and cultural development of the Australia’s retail and wholesale funds water reform in recent years. Our vision Gary was instrumental in the WHIPCOE Aboriginal community and have given him management businesses, superannuation is for an equitable and sustainable water foundation of the United Nations and the opportunity to be an active member funds, life insurers, financial advisory management regime which recognises the has represented Indigenous Australia at on a number of boards and committees. networks, trustee companies and public rights of Victorian traditional owners to UNESCO and other international forums. In 2006 Trevor received the Victorian trustees. FSC promotes best practice for use, develop and control water resources Gary has been an applicant on all three Indigenous Leadership Fellowship, the financial services industry by setting on and under our country. In practice this Muthi Muthi native title claims extending Emerging Leader Award (previously mandatory Standards for its members means having access to the consumptive from 1996 to the present day. the Sir Douglas Nichols Fellowship) for and providing guidance notes to assist in and non-consumptive pools, enabling outstanding contribution to Indigenous Cynthja Pappin is an archaeologist operational efficiency. us to fulfil our cultural responsibilities community capacity building within and environmental scientist who has a and to provide cultural, spiritual, social The FSC Standard: Cultural Capability in Victorian Indigenous communities. long history of working with Indigenous and economic well-being for current and Native Title Services has been developed communities across Australia. Cynthja Christian Gergis is Senior Policy future generations, while at the same with Indigenous leaders in order to has lived and worked in remote north- Manager, Trustees & Legal Counsel at time promoting the conservation of water promote good practice in the provision eastern Western Australia and western the Financial Services Council (FSC). resources and delivering benefits to the of tailored, culturally appropriate native New South Wales. Cynthja is currently He leads the FSC’s policy agenda and wider community. title services to communities. The undertaking historical and archaeological advocacy to Commonwealth & state and Standard will only be mandatory for FSC Whilst we understand that overcoming research for the Muthi Muthi People #3 territory governments on issues affecting full members who are licensed trustee current inequities will take time, we Native Title Claim. trustee companies and public trustees. companies or public trustees with other believe that a focus on the following four Christian also has carriage of matters FSC members encouraged to adhere to core and two supporting policy areas will before the FSC’s Standards, Oversight the Standard, where appropriate. be critical in making progress towards our & Disciplinary Board Committee, and TREVOR PEARCE, vision. The outcomes we are seeking in Key issues covered by the Standard engages with key financial services each of these areas area as follows: CHRISTIAN GERGIS include: appropriate plain English regulators on behalf of all FSC members. disclosure of services/fees; supporting Prior to joining FSC, Christian worked • Legislative recognition of Aboriginal The FSC Standard: cultural capacity-building; strengthening FSC at the Department of Foreign Affairs & rights and values. trustee members’ cultural capability; Trade (DFAT) in Canberra and served as a Water allocation and use: water for capability in Native Title and promoting inclusive decision-making diplomat in the Middle East. Before DFAT, • culture and development. Services and values. Christian was a commercial lawyer at Freehills (now Herbert Smith Freehills). Physical access to water. First Nations Foundation (FNF) is a Trevor Pearce, CEO, First Nations • Christian has also worked as Senior not-for-profit organisation that works Foundation. A Kamilaroi man form Policy Officer, Department of Attorney • Participation in water resource to empower First Australians to north‑western New South Wales, Trevor General & Justice, NSW Government. governance. achieve financial independence through has strong ties to both the New South Christian holds Bachelor of Economics education and leadership. We operate Wales and Victorian Aboriginal community. • Capacity building and resources. (Social Sciences) and Bachelor of Laws from a strength-based community He comes from a strong Aboriginal (First Class Honours) degrees from the • Research and community education. development approach, promoting the family that have always contributed to University of Sydney, and a Master of Laws values of social justice, collaboration and the development and strengthening (International Law) with Merit from ANU. self‑determination. Darren Perry is a traditional owner Act for research practice include a representatives of 22 Indigenous is a Trustee of the Australian Museum, from north-west Victoria. He has heightened focus on methodological organisations formed an Indigenous Chair of Westpac’s RAP Indigenous affiliations with the Ngintait, Jardwajali rigour and documenting the research led Working Group and Drafting Group Advisory Committee and a member of the and Gunditjmara Peoples of western process. Reflecting on this prompts to develop an agreed a set of voluntary Indigenous Law Bulletin’s Editorial Panel. Victoria and eastern South Australia. exploration of methodological questions investment principles specifically David Murray joined the Commonwealth Darren has been involved in the field relevant to the practice of anthropology designed for Indigenous circumstances. Bank in 1966, was appointed Chief of Cultural Heritage Management for (and other research disciplines) in the David Murray AO, Chair of the Executive Officer in June 1992, and retired the last 24 years. He is a member of native title arena, particularly in relation International Forum of Sovereign Wealth from this position in 2005. the Federation of Victorian Traditional to developing attestable findings from Funds has provided invaluable support for Owner Corporations Natural Resource limited data. this process. In November 2005 the Australian Management Committee, a Director of Government announced that Mr. Murray Dr Timothy Pilbrow is Research Manager The Principles are presented in two Native Title Services Victoria and the would be Chairman of the Future Fund. at Native Title Services Victoria Ltd, and parts. The first articulates the key design Chair of the Murray Lower Darling Rivers His statutory term ended in April 2012. was Senior Anthropologist there from elements of the Principles and a summary Indigenous Nations. 2006–2014. Prior to that, Timothy taught of their development. The second sets In November 2013, Mr Murray was anthropology at tertiary institutions in the out the principles and explanatory across appointed to head the Government’s USA, including the University of Illinois, three primary themes: inquiry into Australia’s financial system. DR TIMOTHY PILBROW George Washington University, and The inquiry made recommendations to Georgetown University. Timothy received (a) Community Circumstance and foster an efficient, competitive and flexible Reflections on research his doctorate from New York University for Purpose; financial system, consistent with financial ethnographic research on the negotiation (b) Mandate and Governance; and stability, prudence, integrity and fairness. practice: implications of the of cultural identities under rapid social Mr Murray is a member of the Oliver Victorian Traditional Owner change in Bulgaria. (c) Investment and Risk Management Framework. Wyman Senior Advisory Board and Senior Settlement Act Advisor to Credit Suisse, Sydney. He has Robynne Quiggin The Traditional Owner Settlement Act 2010 is a Wiradjuri lawyer, previously served as a member of the (Vic) provides Victorian traditional owner ROBYNNE QUIGGIN, based in Sydney. She is currently Finance Sector Advisory Council and was groups a framework for negotiating an DAVID MURRAY the inaugural CEO of the Australian the inaugural Chair of the International out-of-court settlement of native title Indigenous Governance Institute (AIGI). Forum of Sovereign Wealth Funds. without the need for the lengthy and During the 2000s, Robynne ran a legal Indigenous investment and consulting firm for seven years In 2001, he was awarded the Centenary costly processes that are usually required Medal for service to Australian Society in under the Native Title Act 1993 (Cth). The principles before commencing as senior manager of ASIC’s Indigenous Outreach Program. banking and corporate governance and in process is initiated by the traditional The Indigenous Investment Principles 2007 he was made an Officer in the Order owner group lodging a Threshold She worked previously as a senior policy (Principles) are an Indigenous led initiative officer (Human Rights Commission, of Australia (AO). Statement. This is structured around the developed to support greater economic Native Title Unit), senior researcher Mr. Murray holds a Bachelor of Business traditional owner group’s explanation in participation, development and resilience (Jumbunna IHL, UTS) and lecturer in and a Master of Business Administration. their own voice of their association with for Indigenous Peoples. The Principles Indigenous legal issues at a number of He holds an honorary Ph.D. from their country. Research findings have draw on the Santiago Principles, Sydney universities and solicitor with Macquarie University and the University of a key but structurally separate place international voluntary guidelines for in this. Implications of the Settlement Terri Janke & Co. Robynne has served Technology, Sydney. Sovereign Wealth Funds (SWFs). on a number of boards including the Development began at the ‘Growing with Arts Law Centre of Australia and Gadigal Governance’ Forum hosted by IBA in Information Services (incorporating Koori June 2014. Over 40 attendees including Radio). She is currently Deputy Chair of the board of Bangarra Dance Theatre, of Environmental Sciences, Macquarie measure to convince the Queensland University, on cross-cultural monitoring government of connection, and which and biodiversity research projects. eventually led to a consent determination. Pollyann Ponto is a 26 year old Ngalakan Diana Romano is currently a research traditional owner of Ngukurr. She officer for Queensland South Native Title is a part-time Yugul Mangi Ranger Services (QSNTS) and a PhD candidate and casual Research Assistant in anthropology at the University of working with Emilie Ens from the Queensland. Through her work at QSNTS Department of Environmental Science, over the last five years, Diana has worked Macquarie University. on a number of native title claims in south central and south west QLD, three of which have been determined by consent. DIANA ROMANO Her PhD work focuses on the economic and sociocultural effects of land claims in GAIL MARITZA ROBERTS, Cape York Peninsula. REYNOLDS‑ADAMSON, POLLYANN PONTO Diasporic connection to ANNIE DABB country and performing for the Mapping Ngukkur knowledge state: native title recognition NYAPARU The Esperance Nyungar ILUA For the Native Title Conference 2015, in remote South West MARGARET ROSE, Pollyann and Maritza Roberts will speak Queensland In 2014 the state of Western Australia DR PAMELA MCGRATH about the Yugul Mangi Rangers’ recent and the Esperance Nyungars negotiated Proving native title in southern Australia cross-cultural biodiversity research with an Indigenous Land use Agreement can be an arduous task. In some areas Emilie and funded by the Atlas of Living The work of rights: the (ENILUA) as a component of the of south west Queensland, the country Australia. They will present work on consent determination package. The was almost entirely vacated of Aboriginal ’s biodiversity surveys, taking old and young ENILUA provides benefits that include presence through the forced removal of journey to native title and people out on Country and how they and land holdings for economic, cultural entire families from camps on pastoral the Yugul Mangi Rangers are interacting independence and residential purposes. This paper, stations to government reserves. with the Atlas of Living Australia to presented by the Co-Chairs of the Aboriginal claimants often lament the Last year, AIATSIS collaborated with learn about and promote scientific and newly formed Esperance Nyungar ‘circus hoops’ they feel they are made Nyangumarta Warrarn Aboriginal Indigenous knowledge of the proposed PBC, considers how traditional owners to jump through in order to prove their Corporation and Yamatji Marlpa Aboriginal South East Arnhem Land Indigenous were involved in the negotiations and connection to the land and waters they Corporation on a case study to investigate Protected Area. sets out their aspirations for how land are claiming, to the very government that the amount of time and social capital that exchanged under the ILUA can be used for Maritza Roberts is 20 years old. She removed them in the first place. the Nyangumarta people have spent over community and economic development. is a Wandarrang traditional owner and the past 15 years on different aspects of In this paper, I explore these issues Jungayi of Manggarayi Country near their native title work. The Nyangumarta Gail Reynolds-Adamson is the Co-Chair of performance, authenticity, and Mataranka. She is a casual Yugul Mangi people, whose country is located in the of the Esperance Tjaltjraak Native Title (re) connection to country from the Ranger based in the remote community of east Pilbara/west Kimberly around Eighty Aboriginal Corporation. perspective of personal interactions Ngukurr, SE Arnhem Land. Since leaving Mile Beach, first started working on their between claimants, ‘the state’, and Annie Dabb is the Co-Chair of the high school in Ngukurr, Maritza has native title claim in the mid-1990s. In Queensland South Native Title Services Esperance Tjaltjraak Native Title also been a Research Assistant working 2009 they finally achieved recognition of staff made possible by a one-off meeting Aboriginal Corporation. with Emilie Ens from the Department their rights over 33,000 sq km of country, that occurred ‘on country’ as a final followed by a second joint determination title policy, Indigenous Cultural Heritage Justice (2012). He is writing a book about GRAEME SMITH, with their neighbours in 2012. Management and native title information Australia’s relationships with Indigenous The findings of the case study are a management strategies. Australians since 1900 and his paper to GORDON NOONAN, compelling illustration of both the this conference will report some work DR STUART PHILLPOT, amount and nature of the corporate work in progress. Nyangumarta people undertook to get PROFESSOR TIM ROWSE PROFESSOR their rights recognised, and what work KERRY JACOBS has since been necessary in order for GAVIN SINGLETON them to manage these rights through Imagining the Indigenous land their two PBCs. The findings also highlight owner: a history of sympathetic Who minds the miners the constantly changing identity of the Dawul Wuru enterprise speculation since 1966 An analysis of the events, stakeholders, outsiders whom the Nyangumarta people development roles and responsibilities and outcomes engage with as part of their corporate My paper is about the history of the associated with the desecration of the work, and point to some of the impacts arguments for creating an Indigenous At the conference, we hope to provide Sacred Site at Bootu Mine in 2012 from an of the ‘kaja karti marnti’ (long walk) of land and sea estate, since the 1960s. I will an insight into our programs including Aboriginal Corporations perspective. The native title on Nyangumarta people’s illustrate the variety of ways that those issues and challenges, strategies, paper will analyse the implications of the everyday lives. advocating land rights and native title aspirations and exploring other economic successful prosecution in 2015 of a mining have evoked the figure of the ‘traditional development opportunities for our people, Nyaparu Margaret Rose is a proud company for breaching the Northern owner’. All the projects to legislate forms country and community. Nyangumarta woman who is committed to Territory Sacred Sites Protection Act 1978. of Indigenous land title have had to say improving the health and wellbeing of her Gavin Singleton is from the something about the Indigenous entity As part of this analysis the paper will people and her country. She has worked () Traditional Owner Group of the (whether individual or group) in whose examine the roles, responsibilities and for Yamatji Marlpa Aboriginal Corporation coast between Cairns and Port Douglas, interests the law seeks act. My paper duties of the various stakeholders to the (YMAC) for many years and is currently North Queensland. I am currently would start with Dunstan in 1966 and Approval to a Mining Lease Agreement the Deputy Regional Manager for the employed as a Project Officer for the finish with the Senate debate on the ILC in for the Bootu Creek area, the obligations Pilbara Region. She played a key role in Dawul Wuru Aboriginal Corporation and 1995. From these and intervening debates, of specific parties under the NT Sacred the positive determination of native title we are administering the Yirrganydji my paper will would draw attention to the Site Protection Act 1978 and assess to for the Nyangumarta people in 2009, is Traditional Use of Marine Resources diverse terms in which the ‘traditional what extent the desecration of the site at a Director of the Nyangumarta Warrarn Agreement (TUMRA) as well as the owner’ has been evoked. Bootu Mine breached the Approval to a Aboriginal Corporation (NWAC), and Department of Environment and Heritage Mining Lease. volunteers in the role of NWAC CEO. Professor Tim Rowse is a Professorial Protection’s Crocodile Management Fellow in the Dean’s Unit, School of service for the Cairns Region. As part of this examination the paper will Dr Pamela McGrath is a Research Humanities and Communication Arts chronicle development a chronology the Fellow with the Native Title Research and a School-based member of the events that led up to the desecration of Unit at AIATSIS. She is an anthropologist Institute for Culture and Society, at the the sacred site at Bootu mine and the and historian and has had an ongoing University of Western Sydney. He has responses of the various stakeholders involvement with native title research for been writing about Australian Indigenous including those who were signatories 15 years. In 2010 she helped established Affairs since the early 1980s and to the Approval to the Mining Lease the Centre for Native Title Anthropology at teaching on these themes since 2003. Agreement. The paper will conclude the Australian National University, where His books include: After Mabo (1993), where policy and policy implementation she worked as a Research Fellow until her White flour, white power (1998), Obliged that may have prevented the desecration appointment to the AIATSIS team in late to be difficult (2000), Indigenous futures of the Sacred Site may have been 2012. Her current research projects are (2002), Divided Nation? (2007, co-author flawed and identify legal, policy and focussed on the social impacts of native Murray Goot) and Rethinking Social administrative options for ensuring that such incidents are prevented in the future. Graeme Smith is the General Manager of the number of State Government Audit their aspirations of self-determination. Queensland South Native Title Services, the Manungurra Aboriginal Corporation Committees and a major focus of this Regrettably, however, PBCs compete for an organisation providing statutory and formerly worked for the Central Land research is the accountability of agencies governance resources within a system services to Aboriginal traditional owners Council and the Northern Land Council to their owners and client groups. He has that is straining under the diverse and in the southern half of Queensland. Kevin on a range of land claims including the recently completed a major study of the complex workload associated with holds a Bachelor of Laws degree from Warumungu Land Claim. He was also accountability of Aboriginal Corporations claims resolution. The University of Queensland and was involved in the negotiations associated to Community and to Government. admitted as a solicitor to the Supreme This presentation explores the need for: with the finalisation of the Approval to the Court of QLD in 1994. Bootu Creek Mining lease. • A paradigm shift where sound Indigenous governance principles and Gordon Noonan is a Kunapa Elder and a KEVIN SMITH design are embedded at key points skilled bushman and through his father LEAH TALBOT, along the native title continuum – from and uncles was intimately involved in Good Indigenous governance claim formulation, to determination DR ROSEMARY HILL, the Warumungu Land Claim and the and beyond – and not as an after- subsequent negotiations leading up to and effective native title PROFESSOR thought whilst the ‘ink is drying’ on the the Approval to the Mining Lease which management: travelling court order. HURRIYET BABACAN enabled Bootu Mine to be established. companions on the road to Currently Mr Noonan is Chair of the • Appreciating that PBC governance Manungurra Aboriginal Corporation which Self Determination involves a complex interrelationship Knowing rights, knowing represents the interests of the traditional For many traditional owners, the between three dimensions – the country using Indigenous owners and acknowledges Native Title arduous pursuit of securing native title individual, the PBC and the community research methodologies Holders associated with the Bootu mine recognition has focused predominantly – and the need to build capacity area. Mr Noonan is currently representing on the determination with a common through integrated strategies Increasing numbers of Aboriginal and the Barkly region on the Northern Land refrain at the court ceremonial hearing cognisant of those dimensions. Torres Strait Islander researchers are Council and was a key witness in the being ‘what do we do now?’ This refrain using and promoting Indigenous research • Utilising NTRB/NTSP and broader Aboriginal Area Protection Authority echoes as a capacity issue that has been methodologies to strengthen and support to build PBC capability in prosecution of the owners of Bootu Mine heard at a macro level in the Deloitte promote Indigenous peoples’ roles, rights terms of compliance and performance. under the 1978 Northern Territory Sacred Review into Native Title Organisations, the and interests. Sites Protection Act. Australian Treasury Taxation of Native Kevin Smith is a descendant of the This presentation focuses on a novel Title and Traditional Owner Benefits and Meriam Peoples of the Torres Strait Dr Stuart Phillpot is a lecturer at application of these methods in doctoral Governance Report and the ALRC’s Review with traditional connections to Ugar University of New South Wales School research aimed at understanding the of the Native Title Act. As native title (Stephen Island) and Erub (Darnley of Business at the Australian Defence influences of Indigenous governance on determinations increase and economic Island). Kevin has nearly twenty years Force Academy and has been involved the application of Indigenous ecological development becomes more pressing, professional experience in Indigenous in Indigenous development land rights, knowledge in land management. We this capacity issue will gain even greater affairs including senior positions with social and economic development for highlight three important outcomes of prominence. PBC governance is thus the National Secretariat of Torres Strait over 40 years. He currently serves as an using Indigenous research methodology. clearly a national priority, as failed Islander Organisations, the Brisbane independent non-voting Director on the First, our Aboriginal and Torres Strait governance adversely impacts upon Aboriginal and Torres Strait Islander Manungurra Aboriginal Corporation. Islander communities and researchers ‘fragile’ native title rights and interests; Legal Service and the National Native Title are able to apply our own ways of doing, Professor Kerry Jacobs is currently the and conversely, good governance can Tribunal. Kevin is currently the Deputy knowing and believing about land, Professor of accounting at the University assist in securing, managing and Chair of the National Native Title Council overcoming the past ignorance from of New South Wales School of Business leveraging native title rights and interests and the Chairman of Aboriginal Hostels western research thinking. Second, at the Australia Defence Force Academy. for the benefit of current and future Limited (AHL). Since 2008 Kevin has held Indigenous research methodologies Professor Jacobs currently serves on generations of traditional owners and the position of Chief Executive Officer of empower Indigenous people to build our Leah has a Masters of Science (with an Australia relating to a range of issues. Although consultation by the PBC and own deeper understanding about why, Indigenous Land Management Techniques Her recent work has included community obtainment of consent of common law how and when to successfully engage. Thesis) and a Bachelor of Science in and environmental sustainability, cultural native title holders is justifiably mandated Such understanding builds opportunities Environmental Studies. heritage, community resilience in the face by the PBC Regulations in circumstances for appropriate collaboration to emerge of climate change and natural disasters involving high level future acts, the time Dr Rosemary Hill is a human geographer from engagement with external agencies. and human security. Hurriyet’s work has required and cost of complying with dedicated to collaborative environmental Third, Indigenous research methodologies been recognised in a number of ways Regulation 8 is overly burdensome when governance, Indigenous peoples and reflect our priorities and therefore ensure including the Bicentennial Medal by the the project is of low value. social-ecological sustainability. Ro is a a central role for research in supporting Prime Minister, Telstra Businesswomen’s principal research scientist Australia’s This paper critically examines the PBC sustainable pathways for our businesses Award, Premier’s Multicultural Award. national applied science organisation Regulations as they apply to native title on and for our country. We argue that Hurriyet has been a member of numerous CSIRO and an Adjunct Associate decision-making by PBCs in relation wider application of Indigenous methods ministerial advisory bodies. She has been Professor with James Cook University. to low level future acts; discusses in environmental research, applying a a member of a joint OECD/Council of She has experience in cross-cultural ways in which PBCs and their legal critical Indigenous lens perspective, will Europe expert working group on well- collaborative research with indigenous representatives have dealt with the highlight the deep impact of colonisation being and has published to invited papers people and with other transdisciplinary constraints imposed upon them in and empower the larger decolonisation for UNESCO. research partnerships, and has received practice; and proposes amendments to process, restoring both justice and numerous awards. Ro leads social the PBC Regulations to address the issue. the land. science teams in CSIRO investigating Kelly Thomas-Greer is a Legal Officer Leah Talbot is a descendant of the issues of adaptation and transformation KELLY THOMAS-GREER, with QSNTS, the native title service Kuku Yalanji People from Far North in landscape conservation, Indigenous- CRAIG REIACH provider for the southern half of Queensland, Australia. She is currently managed areas and through multiple Queensland. Kelly has recently been supported by CSIRO to undertake her knowledge platforms. She has more than working with QSNTS’s PBC Support PhD, in the integration of conservation forty peer-reviewed publications on these Native title decisions under the Unit providing legal support to PBCs. In and Indigenous knowledge, governance topics. She is a Member of the IUCN PBC regulations: unshackling addition to assisting PBCs, Kelly is also systems, rights and interests. Leah Commission on Environment Economic the constraints imposed the managing legal officer for the QSNTS has experience in conservation and and Social Policy, the World Commission Future Acts Unit. Kelly has worked in environmental management, high level on Protected Areas, the Expert Taskforce upon PBCs native title for five years, representing Indigenous negotiations and developing for Indigenous and Local Knowledge Regulation 8 of the Native Title (Prescribed native title claimants in claim work, collaborative Indigenous research of the Intergovernmental Platform on Body Corporate) Regulations 1999 requires future act negotiations, and future act methodologies, participative planning Biodiversity and Ecosystem Services. a prescribed body corporate (PBC) to arbitration. Kelly holds a Bachelor of Laws with Indigenous communities. She Professor Hurriyet Babacan is a social consult with and obtain the consent of and a Bachelor of Business (Management) also has experience in International scientist who has taught, researched common law native title holders before from Griffith University, and a Graduate forums particularly in environment and published extensively on cultural making a decision that would affect their Diploma in Legal Practice from the policy, community engagement and diversity, identity, racism, sustainability, native title rights or interests. College of Law. Indigenous involvement. Generally, her community development and governance. interests have always included social Regulation 8 aims to ensure that native Craig Reiach is a solicitor with She has held senior roles in government justice issues, Indigenous peoples rights title rights are not detrimentally affected Queensland South Native Title Services responsible for whole of government key and responsibilities, environmental by decisions made by the PBC without where he assists a number of native policy areas including cultural diversity, issues, protection of cultural and natural the full understanding and consent of the title claim groups in Southern, Central access and equity and community resources, and finding ways and methods common law native title holders. But the and Northwest Queensland. Over the outcomes. Prof Babacan has collaborated to develop a better future for our planet regulation has the potential to make it past three years, Craig represented the with Indigenous researchers and and people. Leah is also a Board Director unnecessarily time consuming and costly , Yulluna People, Pitta organisations over the last 20 years across with the Wet Tropics World Heritage Area. for PBCs to deal with some low-level Pitta People in their respective native future acts. title consent determinations. In addition about their places with people of other land into parcels of ordinary freehold. ALEXANDRA VICKERY, to claim work, Craig is also engaged in cultures through maps and journeys. Other reforms have instead involved the the negotiation of future act agreements. leasing and subleasing of Indigenous land. CLIFFORD WOODFORD John Tregea joined AIATSIS in 2013 as Craig holds a Bachelor of Laws (Honours) This includes earlier Queensland reforms, the Director of Knowledge Management. from the University of New England, and leasing remains an alternative option With more than 30 years of experience Caring for country and culture: a Bachelor of Arts (Economics) from for communities on Indigenous land as a software and database designer Queen’s University in Canada and a in Queensland. rock-hole rehabilitation and and developer, John has been involved Graduate Diploma in Legal Practice from feral goat control in many world leading projects including How should the people who will be called the College of Law. developing the language learning software upon to implement these reforms (the The rock-hole complexes throughout at Sydney University. John is undertaking trustees, native title holders) decide the Gawler Ranges of South Australia a Master of Information Sciences focused when freehold is preferable to leasing? are of cultural significance. They are JOHN TREGEA on the research and design of a new One issue is that freehold extinguishes associated with traditional mythology and mobile app framework that will allow native title. law, and capture rainfall that historically Indigenous Communities to create and afforded subsistence living for the Places and pathways: This paper considers the matter from the share tourism profiles for sites with Kokatha, Barngala and Wirangu peoples. perspective of residents and communities. capturing and sharing non-Indigenous people, publish them Rock-holes provide the only natural It draws on land reform theory from stories of who we are using through the Apple and Android stores and surface water throughout these arid overseas to set out a framework for potentially create revenue streams. For landscapes and occur in granite outcrops mobile apps considering whether freehold or leasehold example, the mobile app would be able to which support a high level of plant and is preferable in a given situation. This is a The search for our ‘Place of Belonging’ in advise visitors when a permit or guide is habitat diversity. complex issue, and the paper concludes the world is intrinsic to human nature. The required to visit a particular site and direct by arguing that there is a need for Caring for Country and Culture – Rock-hole tools we have available to communicate them to contact the appropriate person/ more published research of a technical rehabilitation and Feral Goat Control is place and value have changed over time office. Indigenous communities can nature, to help native title holders decide restoring the traditional custodianship and now include mobile phones, apps and access the software for free and the app whether to agree to the extinguishment of of rock-holes, a sophisticated cultural computerised maps. This presentation can accommodate specialist audiences their title. practice that prior to white settlement was discusses the use of mobile phones and such as fishing advice, off-road/4WD an integral part of the social and cultural mobile apps and mapping tools to enable visitors and international tourists. Dr Leon Terrill is a lecturer in the fabric of Aboriginal life. The resurgence the recording of place and associated University of New South Wales Law School value, by Indigenous communities and of this cultural practice was identified and a Fellow of the Indigenous Law by the native title holders as important the subsequent sharing of selected Centre. He previously worked for several parts of the stored knowledge with wider DR LEON TERRILL to ensuring generational exchange of years as a senior lawyer with the Central cultural knowledge. audiences. The software being shown Land Council. He has published widely on establishes a data exchange standard Indigenous land reform: land reform, and his book on Indigenous Since 2011 the project has engaged for saving, communicating and mapping when is freehold better than Land Reform in Australia will be released Aboriginal youth to undertake rock- Indigenous place and value. The software leasehold? by Routledge in 2015. hole rehabilitation, using both cultural/ architecture will, in time, also provide a traditional and Western/science governance (security) model for rights Over the last decade, several Australian methodologies. Applying an asset based management including appropriate access governments have been engaged in approach the project identified feral goats control and access management based Indigenous land tenure reform. The recent as the primary threat, and has since on cultural principles. Set in the domain Aboriginal and Torres Strait Islander Land implemented management through an of tourism, the software being developed (Providing Freehold) Act 2014, however, is innovative and strategic trapping regime will enable any Indigenous community to unique in that it is the first reform that in partnership with Thurlga Pastoral create and share stories and experiences results in the partitioning of Indigenous Station. Funded through the Australian Government the project continues to Traditional owners on Cape York Peninsula Eric Wason is an Indigenous man from the controlling weeks and catching crocodiles train and mentor Aboriginal youth, and to and the Queensland Government have Kuku Djungan and Bar-Barrum groups of to writing park management plans with promote the significance of the rock-hole been converting state-owned properties to North Queensland. Indigenous partners. complexes in contemporary Aboriginal life. Aboriginal freehold and creating national Eric started working with Queensland Carol currently leads the Queensland parks (Cape York Peninsula Aboriginal Alexandra Vickery joined South Australian Parks and Wildlife Service (QPWS) in 1990 Parks and Wildlife Service (QPWS) land) (CYPAL) and nature refuges over Native Title Services (SANTS) in 2011 through a contract with the Aboriginal and Northern region Joint Management areas of high conservation significance. after completing a degree in International Torres Strait Islander Commission, and team. In this role she supports QPWS and Studies at Flinders University of South In addition, existing national parks then as a casual Ranger working directly Aboriginal Land Trusts/Corporations in Australia, with majors in Development are being converted to national parks with QPWS. He gained a permanent the management of national parks (Cape Studies and Politics. She is currently (CYPAL), with Aboriginal freehold as the position with QPWS in 1991 as a Ranger York Peninsula Aboriginal land). employed as a Project Officer in the underlying tenure. working in national parks in the Cairns Community and Corporate Development region. Eric’s skills progressed when Aboriginal landholders – that is, division. She was raised with a rich recruited to an Indigenous Liaison/ Aboriginal Corporations or Land Trusts RAELENE WEBB QC, sense of social and environmental Operation Ranger position in the QPSW – and the Queensland Parks and Wildlife justice and has followed in her father’s Cairns region. MARK MCINERNEY, Service are jointly managing the national and grandfather’s footsteps in working parks (CYPAL). Eric’s current role is Senior Project Officer alongside Aboriginal People throughout LISA EATON with the Cape York Peninsula Tenure South Australia to advocate for their rights These tenures and land management Resolution Program (CYPTRP) with the and interests. arrangements are negotiated and Historic tenure and native Department of Aboriginal and Torres agreed through Indigenous Land Use Clifford Woodford is a Working Strait Islander Partnerships. His role is title: sharing the knowledge, Agreements, Indigenous Management on Country ranger with the South to liaise with and understand the needs, sharing the future Agreements for national parks (CYPAL) Australian Government’s Department for issues and concerns of traditional owners and Conservation Agreements for The High Court of Australia first Environment and Natural Resources. He is involved in the national parks transfer nature refuges. recognised the existence of native title in based in the Gawler Ranges National Park process. Eric has been part of a team that Australia in 1992, many years after it was on the Central North Eyre Peninsula of To date, there have been: has successful transferred many National first acknowledged in some other settled South Australia. He recently commenced Parks to National Park (Cape York 21 Aboriginal freehold land transfers colonies. The slow progress of claims for in the role after being employed, trained • Peninsula Aboriginal Land) or (CYPAL). outside national parks (nearly 1.3 native title since that time has continued and mentored through the Caring million hectares); Carol Kinnaird grew up on a sheep farm to frustrate native title parties, as well as for Country and Culture – Rock‑hole in Western Victoria where she developed governments and third parties. rehabilitation and Feral Goat Control 16 existing national parks converted • a strong interest in native plants and project on Thurlga Station. to national park (CYPAL) (nearly 1.4 It is well documented that recognition managing habitat for wildlife. After million hectares); of native title and tenure certainty are studying in Melbourne she headed for the essential steps to empowering Indigenous 5 new national parks (CYPAL) bush, embarking on a park management • groups to participate in economic ERIC WASON, (approximately 560,000 hectares); and career that has thus far spanned 30 years activities to accord with their native title and three states. From the wetlands of the CAROL KINNAIRD rights and aspiration. • 17 nature refuges on Aboriginal Bellarine Peninsula to outback Central freehold (nearly 260,000 hectares). Australia, to Top End of the Northern This paper discusses a collaborative Cape York Peninsula This paper outlines the legal framework, Territory and Cape York Peninsula, Carol project which allows early access to Aboriginal freehold and the agreements, and the outcomes to has relished the opportunity to work historic tenure and other information national parks: agreements date, some challenges and some practical alongside traditional owners to conserve relevant to land rights and land ruse, to strategies to address these challenges. our natural and cultural heritage. This allow knowledge to be shared, providing and achievements work has involved everything from the opportunity for meaningful (and early) consultation between governments has presented at professional events MURRANDO YANNER, Garawa ranger program and is working and Indigenous groups and assisting in Australia and abroad, and has been to implement a plan for the growth of parties work towards a shared future with a member of a variety of national and TERRENCE TAYLOR, sustainable Indigenous tourism in benefits for all. international working groups dealing PAUL RICHARDSON the region. with interoperability and exchange of Raelene Webb QC. Prior to her Paul Richardson is a Gkuthaarn man geospatial information. Mark is an appointment as President of the National and a Ranger Coordinator with CLCAC advocate of the use of open data and From ranger to tour guide: the Native Title Tribunal in April 2013, Raelene based in Normanton. Paul’s work with standards to deliver effective outcomes for Webb QC was named as one of the leading Gulf experience shorebirds recently led to the Delta Downs the public good, and in using accessible native title silks in Australia. She has coast (South-East Gulf of Carpentaria) collaboration tools to assist in developing CLCAC has developed a plan that will appeared as lead counsel in many native being accepted into the Flyway Site common understandings of the nature of assist in the implementation of a range title and Aboriginal land matters and has Network of the East Asian–Australasian information about the world around us. of Aboriginal tourism initiatives in the advised upon and appeared in the High Gulf to deliver new visitor experiences Flyway Partnership. Court in most land-mark cases on the Lisa Eaton has practiced as a solicitor that provide insight into and an judicial interpretation and development in New South Wales, Queensland and appreciation of culture and country. In of native title since the decision of Mabo v Western Australia, and is currently practice this plan has had to rely heavily DAVID YARROW Queensland (No 2). admitted to practise in Western Australia on the skills and cultural knowledge and the Federal and High Courts Raelene is in great demand as a public of Indigenous Rangers. The transfer of of Australia. The extinguishment of native speaker on a range of topics, native title existing skills and the additional specific matters especially, and has presented at In her present role as Principal Advisor, training required for Rangers to develop title: a revolution in principle a successful a tourism product will be various conferences throughout Australia practice and legislation with the National In the seven month period between discussed, together with the challenges of and internationally including at the Annual Native Title Tribunal, Lisa works closely August 2013 and March 2014, the developing a commercial product without World Bank Conference on Land and with the President and members providing High Court of Australia delivered also turning culture into a commodity of Poverty held in Washington DC in March expert legal advice and support to three important judgments about the reconstructed ethnicity. 2015. In April, Raelene gave a number of the Tribunal. extinguishment of native title. Each public lectures at Canadian universities Lisa is a diversely experienced native Murrandoo Yanner is a Gangalidda altered the prior understanding of and was a guest speaker at the University title practitioner having acted for various man from the Gulf of Carpentaria. As extinguishment in significant ways. The of Northern British Columbia’s Global native title claimants (particularly a Director of CLCAC, he has been law of extinguishment is now different in Fridays Speakers Series. through her former role as Deputy instrumental in the development of important respects from that applied in Mark McInerney is the National Principal Legal Officer of Yamatji Marpla native title and land & sea programs, 2002 by the High Court. The paper will Geospatial Services Manager for the Aboriginal Corporation (YMAC)), grantee including CLCAC’s very successful identify how the law of extinguishment National Native Title Tribunal. parties (including for example Woodside Indigenous Ranger Program. He is known has changed, and what that means for the Energy Limited) and Government parties as a tireless advocate for Indigenous convention thinking of the past. Mark has over 20 years of experience rights in the Gulf of Carpentaria and in relation to a wide range of native David Yarrow is a member of the Victorian of professional experience in the has campaigned on a range of local title matters. Bar, and has extensive experience in geospatial field. This has included and national issues for more than native title matters throughout Australia. practical experience in field collection two decades. activities, topographic map production, He is also adjunct research fellow at geospatial analysis, system design, Terrence Taylor is a Gangalidda native the Monash University Faculty of Law, database systems and as an educator. title holder and a Ranger Coordinator with where he was a lecturer before coming to Mark has been involved in development CLCAC based in Burketown. Terrence the bar. various departmental geospatial has played a key leadership role in strategies, policies and standards. Mark the development of the Gangalidda &