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 Yawuru 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 Queensland 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 Australia 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 (North Queensland 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 Ngarluma 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