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FIGHTING OVER COUNTRY: Anthropological Perspectives
FIGHTING OVER COUNTRY: Anthropological Perspectives Edited by D.E. Smith and J. Finlayson Centre for Aboriginal Economic Policy Research The Australian National University, Canberra Research Monograph No. 12 1997 First published in Australia 1997. Printed by Instant Colour Press, Canberra, Australia. © Centre for Aboriginal Economic Policy Research, The Australian National University. This book is copyright Apart from any fair dealings for the purpose of private study, research, criticism or review as permitted under the Copyright Act 1968, no part may be reproduced by any process without written permission. Inquiries should be directed to the publisher, Centre for Aboriginal Economic Policy Research, The Australian National University, Canberra ACT 0200, Australia. National Library of Australia. Cataloguing-in-publication entry. Fighting over country: anthropological perspectives ISBN 07315 2561 2. 1. Aborigines, Australian - Land tenure. 2. Native title - Australia. 3. Torres Strait Islanders - Land tenure. 4. Land use - Australia. I. Finlayson, Julie, n. Smith, Diane (Diane Evelyn). ID. The Australian National University. Centre for Aboriginal Economic Policy Research. (Series: Research monograph (The Australian National University. Centre for Aboriginal Economic Policy Research); no. 12). 306.320899915 Acknowledgments A number of people assisted in the organisation and conduct of the workshop Fighting Over Country: Anthropological Perspectives held in Canberra in late September 1996. The workshop was the latest in a series sponsored by the Australian Anthropological Society focusing on land rights and native title issues. Diane Smith, Julie Finlayson, Francesca Merlan, Mary Edmunds and David Trigger formed the organising committee, and ongoing administrative support was provided by the Centre for Aboriginal Economic Policy Research (CAEPR). The Native Titles Research Unit of the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) provided modest but very helpful financial assistance towards catering for the workshop. -
Early Texts and Other Sources
7 Early texts and other sources Introduction In order to demonstrate that native title has survived, the court will require that the laws and customs of the claimant society be shown not only to have survived substantially uninterrupted but also to have remained ‘traditional’1 in their content. What exactly is to be understood by the use of the term ‘traditional’ has been subject to extensive debate.2 Most, if not all, of the ethnography relevant to a native title inquiry will demonstrate the fact of some form of change. This is unsurprising since few anthropologists would argue for an unchanging society. It is the degree and measure of the change against customary systems that is subject to contestation. In short, 1 ‘A traditional law or custom is one which has been passed from generation to generation of a society, usually by word of mouth and common practice. But in the context of the Native Title Act, “traditional” carries with it two other elements in its meaning. First, it conveys an understanding of the age of the traditions: the origins of the content of the law or custom concerned are to be found in the normative rules of the Aboriginal and Torres Strait Islander societies that existed before the assertion of sovereignty by the British Crown. It is only those normative rules that are “traditional” laws and customs. Second, and no less important, the reference to rights or interests in land or waters being possessed under traditional laws acknowledged and traditional customs observed by the peoples concerned, requires that the normative system under which the rights and interests are possessed (the traditional laws and customs) is a system that has had a continuous existence and vitality since sovereignty. -
Report of the Select Committee on Native Title Rights in Western Australia
REPORT OF THE SELECT COMMITTEE ON NATIVE TITLE RIGHTS IN WESTERN AUSTRALIA Presented by the Hon Tom Stephens MLC (Chairman) Report SELECT COMMITTEE ON NATIVE TITLE RIGHTS IN WESTERN AUSTRALIA Date first appointed: 17 September 1997 Terms of Reference: (1) A Select Committee of five members is hereby appointed. Three members of the committee shall be appointed from among those members supporting the Government. (2) The mover be the Chairperson of the Committee. (3) The Committee be appointed to inquire into and report on — (a) the Federal Government’s proposed 10 Point Plan on native title rights and interests, and its impact and effect on land management in Western Australia; (b) the efficacy of current processes by which conflicts or disputes over access or use of land are resolved or determined; (c) alternative and improved methods by which these conflicts or disputes can be resolved, with particular reference to the relevance of the regional and local agreement model as a method for the resolution of conflict; and (d) the role that the Western Australian Government should play in resolution of conflict between parties over disputes in relation to access or use of land. (4) The Committee have the power to send for persons, papers and records and to move from place to place. (5) The Committee report to the House not later than November 27, 1997, and if the House do then stand adjourned the Committee do deliver its report to the President who shall cause the same to be printed by authority of this order. (6) Subject to the right of the Committee to hear evidence in private session where the nature of the evidence or the identity of the witness renders it desirable, the proceedings of the Committee during the hearing of evidence are open to accredited news media representatives and the public. -
Beyond Fictions of Closure in Australian Aboriginal Kinship
MATHEMATICAL ANTHROPOLOGY AND CULTURAL THEORY: AN INTERNATIONAL JOURNAL VOLUME 5 NO. 1 MAY 2013 BEYOND FICTIONS OF CLOSURE IN AUSTRALIAN ABORIGINAL KINSHIP WOODROW W. DENHAM, PH. D RETIRED INDEPENDENT SCHOLAR [email protected] COPYRIGHT 2013 ALL RIGHTS RESERVED BY AUTHOR SUBMITTED: DECEMBER 15, 2012 ACCEPTED: JANUARY 31, 2013 MATHEMATICAL ANTHROPOLOGY AND CULTURAL THEORY: AN INTERNATIONAL JOURNAL ISSN 1544-5879 DENHAM: BEYOND FICTIONS OF CLOSURE WWW.MATHEMATICALANTHROPOLOGY.ORG MATHEMATICAL ANTHROPOLOGY AND CULTURAL THEORY: AN INTERNATIONAL JOURNAL VOLUME 5 NO. 1 PAGE 1 OF 90 MAY 2013 BEYOND FICTIONS OF CLOSURE IN AUSTRALIAN ABORIGINAL KINSHIP WOODROW W. DENHAM, PH. D. Contents Abstract ...................................................................................................................................... 2 Dedication .................................................................................................................................. 3 Acknowledgements ................................................................................................................... 3 1. The problem ........................................................................................................................ 4 2. Demographic history ......................................................................................................... 10 Societal boundaries, nations and drainage basins ................................................................. 10 Exogamy rates ...................................................................................................................... -
Traditional Indigenous Games
Yulunga Traditional Indigenous Games ausport.gov.au/isp Yulunga Traditional Indigenous Games Traditional Indigenous Games The games outlined in this resource are considered primarily as a contribution towards the implementation of Indigenous Australian perspectives across the education curriculum, from Kindergarten to Year 12 (K–12). It is recommended that local elders are consulted and invited to be involved in some way prior to undertaking any unit of work or special event using the Traditional Indigenous Games. Examples of statements that might be acceptable to local elders and that can be made in association with the use of the games in this resource are: ‘We pay our respect to the traditional custodians of this land.’ ‘We acknowledge that we are on the traditional lands of the … peoples and pay our respects to the traditional custodians.’ In the language of the Kamilaroi (Gamori) people of north‑western New South Wales, Yulunga means ‘playing’. Acknowledgments The Australian Sport Commission acknowledges Ken Edwards for the extensive and thorough research undertaken to collate the Yulunga: Traditional Indigenous Games. To create this resource, Ken Edwards with the assistance of Troy Meston reviewed almost every available account of Australian Aboriginal and Torres Strait Islander games from all parts of Australia. The Australian Sports Commission recognises the traditional owners of the games and activities that formed the basis of this resource. This resource is dedicated to all Australian Aboriginal and Torres Strait Islander people. Traditional Indigenous Games Consultants Ken Edwards (PhD) is a former physical education teacher and academic in the Faculty of Health (School of Human Movement Studies) at Queensland University of Technology (QUT) in Brisbane. -
National Native Title Tribunal
NATIONAL NATIVE TITLE TRIBUNAL ANNUAL REPORT 1996/97 ANNUAL REPORT 1996/97 CONTENTS Letter to Attorney-General 1 Table of contents 3 Introduction – President’s Report 5 Tribunal values, mission, vision 9 Corporate overview – Registrar’s Report 10 Corporate goals Goal One: Increase community and stakeholder knowledge of the Tribunal and its processes. 19 Goal Two: Promote effective participation by parties involved in native title applications. 25 Goal Three: Promote practical and innovative resolution of native title applications. 30 Goal Four: Achieve recognition as an organisation that is committed to addressing the cultural and customary concerns of Aboriginal and Torres Strait Islander people. 44 Goal Five: Manage the Tribunal’s human, financial, physical and information resources efficiently and effectively. 47 Goal Six: Manage the process for authorising future acts effectively. 53 Regional Overviews 59 Appendices Appendix I: Corporate Directory 82 Appendix II: Other Relevant Legislation 84 Appendix III: Publications and Papers 85 Appendix IV: Staffing 89 Appendix V: Consultants 91 Appendix VI: Freedom of Information 92 Appendix VII: Internal and External Scrutiny, Social Justice and Equity 94 Appendix VIII: Audit Report & Notes to the Financial Statements 97 Appendix IX: Glossary 119 Appendix X: Compliance index 123 Index 124 National Native Title Tribunal 3 ANNUAL REPORT 1996/97 © Commonwealth of Australia 1997 ISSN 1324-9991 This work is copyright. It may be reproduced in whole or in part for study or training purposes if an acknowledgment of the source is included. Such use must not be for the purposes of sale or commercial exploitation. Subject to the Copyright Act, reproduction, storage in a retrieval system or transmission in any form by any means of any part of the work other than for the purposes above is not permitted without written permission. -
Western Australia Skr Issuing Authority Based on Indigenous Peoples of Western Australia
WESTERN AUSTRALIA SKR ISSUING AUTHORITY BASED ON INDIGENOUS PEOPLES OF WESTERN AUSTRALIA CONSTRUCTIVE NOTICE TO THE GOVERNMENT OF AUSTRALIA 1. BE ADVISED that We, the Indigenous Tribal Peoples mentioned hereunder, as law-abiding Peoples, are invoking the Homestead principle and the Bill of Bracery (32 Hen. VIII, c.9) to stake lawful and legitimate claims upon all the gold and other precious metals present in the land and soil that we first occupied and owned for over 40,000 years prior to colonial settlements; 2. TAKE NOTICE that we did not invite European colonizers upon our land and soil. Europeans set foot upon our land and soil without valid visas and without our consent. They are yet to receive formal immigrant recognition from us as mentioned hereunder; 3. TAKE NOTICE that under customary international law and the disadvantages posed by Section 25 and Section 51(xxvi) of the Constitution of Australia, and despite the Act of Recognition of 13 February 2013 formally recognizing the Aboriginals and Torres Strait Islander Peoples, our land and resources’ rights were pre-ordained prior to uninvited colonization; 4. TAKE NOTICE that there are 66 operating gold mines in Australia including 14 of the world's largest, 11 of which are in Western Australian making it the country's major gold producer, accounting for almost 70 per cent of Australia's total gold production. 5. TAKE NOTICE that the six biggest gold mines are Boddington (two million ounces have been mined and extracted since 2012) Fimiston, Jundee, Telfer, and Sunrise Dam. 6. TAKE NOTICE that none of us mentioned hereunder received one penny of the wealth that has been mined off our lands. -
GOLDFIELDS-ESPERANCE Regional Planning Strategy
CONTENTS Page No. Minister’s Foreword.................................................................................................................................................................................................iii Foreword by the Steering Committee Chairman..................................................................................................................................................iv Executive Summary .................................................................................................................................................................................................ix Summary of Recommendations ..............................................................................................................................................................................x PART 1 – BACKGROUND .......................................................................................................................................................................1 1.0 INTRODUCTION ......................................................................................................................................................................................2 1.1 THE GOLDFIELDS-ESPERANCE REGION..............................................................................................................................2 1.2 THE NEED FOR THE STRATEGY .............................................................................................................................................2 -
[2008] NNTTA 38 (3 April 2008)
NATIONAL NATIVE TITLE TRIBUNAL Australian Manganese Pty Ltd/Western Australia/David Stock and Others on behalf of the Nyiyaparli People, [2008] NNTTA 38 (3 April 2008) Application No: WF07/26 IN THE MATTER of the Native Title Act 1993 (Cth) - and - IN THE MATTER of an inquiry into a future act determination application Australian Manganese Pty Ltd (grantee party/Applicant) - and - The State of Western Australia (Government party) - and - David Stock and Others on behalf of the Nyiyaparli People (WC05/6) (native title party) FUTURE ACT DETERMINATION Tribunal: Hon C J Sumner, Deputy President Place: Perth Date: 3 April 2008 Catchwords: Native title – future act – application for determination for the grant of mining lease – s 39 criteria considered – limited effect on enjoyment of registered native title rights and interests – worse case scenario rejected – no effect on sites of particular significance – no power to impose a condition for payment of compensation – bank guarantee condition not justified – Government party’s regulatory regime and conditions a relevant consideration – determination that the act may be done without conditions. Legislation: Native Title Act 1993 (Cth), ss 24MD, 25-44, 31, 35, 36(2), 38, 39, 109(3), 146(b), 150, 151 Mining Act 1978 (WA) ss 24, 82, 84, 85, 123 Aboriginal Affairs Planning Authority Act 1972 (WA), ss 23, 26-32, Part III Aboriginal Heritage Act 1972 (WA) ss 5, 6, 17, 18, 57, 62 Land Administration Act 1997 (WA), Part 4 2 Cases: Evans v Western Australia [1997] 741 FCA; (1997) 77 FCR 193 Gulliver -
Stretch Reconciliation Action Plan 2017-2021 Summary 2 Stretch Reconciliation Action Plan 2017-2021 Summary Stretch Reconciliation Action Plan 2017-2021 Summary 3
Stretch Reconciliation Action Plan 2017-2021 Summary 2 Stretch Reconciliation Action Plan 2017-2021 Summary Stretch Reconciliation Action Plan 2017-2021 Summary 3 Acknowledgements Message from the Mayor I am pleased to present the Reconciliation Reconciliation Group and Reconciliation The City of Melville acknowledges the Bibbulmun people as the Traditional Owners of the land Action Plan (RAP) for 2017-2021 for the City of Australia. on which the City stands today and pays its respects to the Whadjuk people, and Elders both Melville. past and present. Following a number of key achievements This is the City’s second RAP, and is the next associated with the implementation of the The City of Melville would like to thank the Elders, members of the community, and staff stage in our RAP journey. The particular RAP 2013-2016 RAP, which you can read more from across the organisation who have provided valuable input to the second type we developed is called a Stretch RAP, a about on page 5, we can now focus on development of this plan through participation in the Reconciliation Action Stretch RAP aims at challenging organisations our next step. Plan (RAP) Continuous Improvement Team (CIT). and embedding tried and tested strategies through clear and measurable targets. Our Stretch RAP will involve greater The City of Melville would like to acknowledge the artwork by engagement with the community and Brenda Hill, Else Woods, Laurel Nannup, Tania Spencer, The 2017-2021 RAP is aligned with a range working relationships, and broadening our Jason Hirst, Kath Wheatley and Kaya Morrison. of community driven, corporate and strategic networks to advance the great opportunities plans including the Strategic Community already in place. -
Captured-State-Report.Pdf
KEY Current or former Labor politicians Link individuals to entities they Lobby groups or membership groups with WA’s revolving doors currently, or have previously, significant lobbying resources Current or former Liberal politicians worked for. Government agencies or departments Current or former Nationals politicians Fossil fuel companies Non Fossil fuel companies with strong ties to the oil & gas or resources sector. A map of the connections between politics, government Individuals who currently, or have previously, worked for entities they agencies and the gas industry, withafocus on WA are connected to on the map. IndependentParliamentary KEY Current or former Labor politicians Link individuals to entities they Lobby groups or membership groups with WA’s revolving doors currently, or have previously, significant lobbying resources Current or former Liberal politicians worked for. Government agencies or departments Current or former Nationals politicians Fossil fuel companies Non Fossil fuel companies with strong ties to the oil & gas or resources sector. A map of the connections between politics, government Individuals who currently, or have previously, worked for entities they agencies and the gas industry, withafocus on WA are connected to on the map. CapturedIndependentParliamentary State The influence of the gas lobby on WA KEY Current or former Labor politicians Link individuals to entities they Lobby groups or membership groups with WA’s revolving doors currently, or have previously, significant lobbying resources Current or former Liberal politicians worked for. Government agencies or departments Current or former Nationals politicians Fossil fuel companies Non Fossil fuel companies with strong ties to the oil & gas or resources sector. A map of the connections between politics, government Individuals who currently, or have previously, worked for entities they agencies and the gas industry, withafocus on WA are connected to on the map. -
Arthur Capell Papers MS 4577 Finding Aid Prepared by J.E
Arthur Capell papers MS 4577 Finding aid prepared by J.E. Churches, additional material added by C. Zdanowicz This finding aid was produced using the Archivists' Toolkit May 04, 2016 Describing Archives: A Content Standard Australian Institute of Aboriginal and Torres Strait Islander Studies Library March 2010 1 Lawson Crescent Acton Peninsula Acton Canberra, ACT, 2600 +61 2 6246 1111 [email protected] Arthur Capell papers MS 4577 Table of Contents Summary Information .................................................................................................................................. 4 Biographical note ........................................................................................................................................... 6 Scope and Contents note ............................................................................................................................... 6 Arrangement note .......................................................................................................................................... 7 Administrative Information ......................................................................................................................... 8 Related Materials ......................................................................................................................................... 8 Controlled Access Headings ......................................................................................................................... 9 Physical Characteristics