Native Title Newsletter
May/Jun 2005 No. 3/2005
Contents
News from the Native Title Research Unit 2 WHAT’S NEW WITH THE NTRU! What’s New 3 Feature - Plenary Address by Aboriginal Native Title Conference Papers now and Torres Strait Islander Social Justice available at: http://www.aiatsis.gov.au/rsrch/ntru/conf2 Commissioner Tom Calma from the 005/papers/papers.html Native Title Conference 4
Regular items Native Title in the News 13
Applications Lodged with the NNTT 17 Registration Test Decisions 17 Notifications 18 Recent additions to the AIATSIS Library 19
Native Title Research Unit Publications 23
The Native Title Newsletter is published every second month. The newsletter includes a summary of native title as reported in the press. Although the summary canvasses media from around Australia, it is not intended to be an exhaustive review of developments. The Native Title Newsletter also includes contributions from people involved in native title research and processes. Views expressed in the contributions are those of the authors and do not necessarily reflect the views of the Australian Institute of Aboriginal and Torres Strait Islander Studies.
The Newsletter is also available in ELECTRONIC format. This will provide a FASTER service for you, and will make possible much greater distribution. If you would like to SUBSCRIBE to the Native Title Newsletter electronically, please send an email to [email protected], and you will be helping us provide a better service. Electronic subscription will replace the postal service, please include your postal address so we can cross check our records. The same service is also available for the Issues Papers series. ISSN 1447-722X
WORLD KNOWLEDGE AND UNDERSTANDING OF AUSTRALIAN INDIGENOUS CULTURES, PAST AND PRESENT 1 NEWS FROM THE NATIVE TITLE RESEARCH UNIT
Research Activities recommendations and issues raised in the Bauman, T. and R. Williams. 2005. Report All Unit staff contributed to the running on Native Title Representative Body of the Native Title Conference 2005 in Workshops: Directions, Priorities and Coffs Harbour from the 01-03 June. In Challenges, which has now been published addition to logistical and administrative and distributed. Toni Bauman also tasks, several staff also presented papers, chaired a session on Friday, 3 June, at the convened or chaired conference sessions. Conference on The use of traditional law in resolving overlaps: Speer Creek case Treaty, co-authored by Dr Lisa Strelein, study. Sean Brennan, Prof. Larissa Behrendt and Prof. George Williams (2005, The Visitors Federation Press) was launched at the Sydney Writers Festival on Friday 27 May Dr Morgan Brigg, trainer and mediator, 2005. currently working with the Centre for Peace and Conflict Studies at University Dr Bradfield has a chapter titled of Queensland, spent several weeks with ‘Principles of a Treaty Relationship’ IFaMP during May 2005. During this time published in Balayi: Culture, Law and he delivered a joint presentation with Mr Colonialism, Vol 7, June 2005. Patrick McIntyre, Barrister and Co-Chair of the Mawul Rom Cross-Cultural Mediation & Toni Bauman finalised an Australian Leadership Program, as part of the Journal of Anthropology (TAJA) paper: AIATSIS Seminar Series. The presentation Bauman, T. 2005. Nations and tribes focused on issues associated with the ‘within’: Aboriginal ‘nationalisms’ in development of appropriate training in Katherine. the cross-cultural context with prospects for improved practice. Morgan made Glen Kelly finalised and submitted an valuable contributions to current research Indigenous Natural Resource Management efforts undertaken by the Project. Chapter for the Kimberley Natural Resource Management Strategy to the IFaMP/AIATSIS Seminar Series Kimberley Land Council. The Seminar Series convened by IFaMP has Indigenous Facilitation and Mediation concluded, with many requests for papers Project (IFaMP) Update and transcriptions having been received. Papers and transcriptions for publication Native Title Conference, 2005: the human are being prepared, and are expected to face of Native Title be on the AIATSIS website by the end of July. The IFaMP team, as part of the AIATSIS Native Title Research Unit, attended and To view the program go to: assisted with the coordination of the 2005 www.aiatsis.gov.au/rsrch/seminars.htm Native Title Conference. Toni Bauman and for the Program. Jess Clements ran a workshop, ‘Implementing the NTRB Report – Check the IFaMP Web Site Indigenous Facilitation and Mediation Project’ on Thursday, 2 June. The The following additions can be now be Workshop focused on exploring the accessed on the IFaMP website. Feedback
2 or comments are most welcome and can Practice Issues in Mediation and be sent to [email protected] Facilitation section, of the IFaMP site: Indigenous Facilitation and Mediation The IFaMP bibliography has now been Project, 2005. Making a Complaint published in hard copy. It contains about Native Title Mediation. Briefing readings on Indigenous decision making Paper No. 5. Native Title Research and conflict management, broader Unit, Australian Institute of Aboriginal alternative dispute resolution readings and Torres Strait Islander Studies, and some practice manuals. The Canberra. Bibliography and section links to the http://www.aiatsis.gov.au/rsrch/ntru Bibliography can be found under the /ifamp/practice/practice_frameset.ht Emerging Bibliography sub-section of the ml Research and Publications section of the IFaMP site: The workshop that IFaMP held in February Brockwell, S. Eggerking, K. Morphy, R. with Indigenous native title mediation and Bauman, T 2005. Culture, Conflict practitioners around best practice issues Management and Native Title: An has now produced a comprehensive Emerging Bibliography. Indigenous report, which is located under the Facilitation and Mediation Project. Workshops and Reports sub-section of the Report No. 4. Native Title Research Research and Publications section of the Unit, Australian Institute of Aboriginal IFaMP site: and Torres Strait Islander Studies, Kingham, F. and T. Bauman. 2005. Canberra. Report on proceedings of Indigenous http://www.aiatsis.gov.au/rsrch/ntru Native Title Mediation Practitioners /ifamp/research/research_frameset.h Workshop 17 - 18 February 2005. tml Indigenous Facilitation and Mediation Project, Native Title Research Unit, IFaMP has prepared an informative, two- Australian Institute of Aboriginal and page, back to back briefing paper on how Torres Strait Islander Studies, to make a complaint about native title Canberra. mediation processes. The paper is http://www.aiatsis.gov.au/rsrch/ntru located under the Decision Making and /ifamp/research/research_frameset.h Dispute Management section, as well as tml the Complaints Processes sub-section of
WHAT’S NEW
Publications The Office of Native Title (WA), Edition 5, June 2005 e-Newsletter is available at: The June 2005 quarterly issue of Talking http://www.nativetitle.dpc.wa.gov.au/d Native title in now available on the ocs/Junenewsletter.pdf National Native Title Tribunal website: It contains a feature article on the http://www.nntt.gov.au/metacard/files/ Ngarluma Yindjibarndi claim TNT15/TNT_Issue_15_2005.pdf determination. This issue pays particular attention to Indigenous Land Use Agreements.
3 Books/Journals Additional papers will be added as they are received. A number of monographs are available from Oceania Publications, including ‘The Training Karajarri claim: a case-study in native title anthropology’ by Geoffrey Bagshaw. A Native Title Law and Policy Short Course Order forms are available at: will be held at James Cook University http://www.arts.usyd.edu.au/publication from Saturday 18 s/oceania/OceaniaMonos.pdf June to Wednesday 22 June, 2005.
Conferences If you are interested in attending please complete and return the attached form. AIATSIS – Native Title Conference 2-3 June 2005. Papers from the conference are Further enquiries can be directed to Katie available at: Kiss ph: 07 40421198 email http://www.aiatsis.gov.au/rsrch/ntru/co ([email protected]). nf2005/papers/papers.html
FEATURE
Plenary Address by Aboriginal and were (and still are) involved in the Torres Strait Islander Social Justice Yarmirr and Ors v Northern Territory (1998) sea rights claim. I understand the Commissioner Tom Calma nd processes, triumphs and frustrations of Thursday 2 June 2005 native title as I see my communities work for the common law recognition of our The Human Face of Native Title, traditional rights. Challenges and Opportunities In Times Of Change Professionally, native title is a central Native Title Conference focus of my role as Aboriginal and Torres Coffs Harbour, NSW Strait Islander Social Justice Commissioner. This position was created I would like to begin by acknowledging in 1993 in response to the Royal the traditional owners, [the Gum-bay-ngg- Commission into Aboriginal Deaths in irr people] whose land we are meeting on Custody and the National Inquiry into and thank them for welcoming us to their Racist Violence. It was created to ensure country. I congratulate AIATSIS and NSW an ongoing, national monitoring agency Native Title Services on organising this for the human rights of Indigenous conference and thank everyone gathered Australians. here for your efforts to make this a successful conference. I am honoured to The Social Justice Commissioner has be invited to address you today. responsibility for promoting awareness of, and compliance with, the human rights of My commitment to native title is both Indigenous peoples. As part of this role, personal and professional. Personally, as a my office prepares two annual reports, member of the Kungarakan tribal group I the Social Justice Report to the federal am involved in a native title claim over parliament and the Native Title Report to the township of Batchelor in the Northern the Attorney General. The Social Justice Territory and my Iwaidja countryman Report looks at the enjoyment and
4 exercise of human rights by Indigenous There are 3 key issues I want to talk about Australians and makes recommendations today in light of this new and shifting on what should be done to ensure that landscape: these rights are observed. The Native Title Report looks specifically at the First, I will outline the government’s new impact of the Native Title Act on arrangements for Indigenous affairs and Indigenous peoples’ enjoyment and the particular issues emerging out of exercise of human rights. I recently these that I see for native title parties tabled my first Social Justice and Native and traditional owners. Title Reports in federal parliament and will refer to their conclusions in this Second, I will talk about economic speech. development from Indigenous land and touch on the topical issue of alienability. My speech today is about challenges and opportunities in times of change. ‘Times And third, I will briefly consider the of change’ certainly describes our present challenges and opportunities in this new situation where the dismantling of landscape for NTRBs. government and Indigenous structures and policies has occurred at an unprecedented What the new arrangements are and what rate. These changes present a window of I will be monitoring? opportunity to put in place structures that will represent and assist our communities First, the new arrangements. At the over the next generation. But these outset let me assure you that I am not changes are also embedded with here to promote the changes or substantial risks. The risk that what has encourage you to sign on to them, or not been learnt (both the successes and sign on to them. But I will let you know failures) over the past 30 years could be what I understand the new arrangements lost and the risk that the rights that we are and how they may impact on native have fought hard for, and have gained, title claimants, holders and traditional will continue to be eroded as the owners. enthusiasm for transformation takes hold. So, what are ‘the new arrangements’? We need to think carefully about what opportunities and alternatives for change In April 2004 the federal government we want to create, or seize, as the announced substantial changes to the way landscape shifts. We also need to decide it will deliver services and how it intends what is worth holding on to and to engage with Indigenous people and protecting and how we will do that. While communities from 1 July 2004. The new there are lots of problems that linger in changes include: our communities as a result of a long history of dispossession, marginalisation • The abolition of ATSIC; and discrimination, we remain strong, • Mainstreaming of Indigenous powerful and visionary. But, we need to specific services previously be organised and vocal about our goals, managed by ATSIC and ATSIS; our aspirations and how we need to be in • The creation of the Office of the driver’s seat to achieve these Indigenous Policy Coordination outcomes. (OIPC) and regional Indigenous Coordination Centres (ICCs); • An emphasis on whole of government activity; and
5 • The establishment of shared coordinate and improve service responsibility agreements and delivery by mainstream agencies, regional participation agreements. which has been a longstanding problem. Together, these changes are referred to • There are also a number of as ‘the new arrangements’ and are potential benefits in the new reportedly based on lessons learned from arrangements. These include the the COAG trials. movement to three year funding cycles – a simple recommendation So what I will be monitoring? of the Royal Commission into Aboriginal Deaths in Custody that Since commencing in the Social Justice has taken nearly 15 years to Commissioner role the key priority of my implement. As well as the office has been to closely monitor the simplification of grant procedures roll-out of the new arrangements. It is with the proposal to introduce a important to remember that the new single submission for the different arrangements began just 11 months ago. programs that currently exist for Key aspects have just been introduced or Indigenous communities and are still to be introduced. Accordingly, groups. the Social Justice Report 2004 identifies a number of challenges that the new But - and this is the crucial point - the arrangements raise, as well as some issues commitments made through these new where I am concerned about the direction arrangements need to translate into of the government. action on the ground. Indigenous people have suffered at the hands of good At this stage, most activity has been at intentions and worthy commitments from the federal government level and so my governments of both persuasions, for primary engagement has been at that many decades. The Social Justice Report level. I expect that this will change over highlights those critical issues that must the coming years as the new processes be properly addressed for the new spread across different levels of arrangements to provide benefits and not governments. to repeat or make worse any mistakes of the past. There should be no doubt that these new arrangements will form the basis of most, In broad terms, these challenges include, if not all, service delivery at all levels of although they are not limited to, ensuring government over the coming years. that:
So we must make sure that we do not • Indigenous people are informed and have our heads in the sand about these empowered to effectively and developments as they are going ahead equitably participate in the regardless. Indigenous peoples and agreement making process; communities need to learn about the new • Indigenous people are able to processes and think about how we can participate fully in decision engage in them to address our needs. making, including through regional structures; As I note in the Social Justice Report: • Government does not introduce punitive funding models where • In theory, these new arrangements communities are negotiating for have much to offer – they aim to the delivery of basic services and
6 citizenship entitlements enjoyed by In explaining the operations of the new all Australians; and arrangements, the government describes • Appropriate performance the RPA process as setting the priorities monitoring and evaluation for each region. It is thought that this will processes are put into place so we involve assessing Indigenous needs by know if the changes will have a mapping it against demographic factors positive impact on our people. such as projected growth of the population and mobility within the There are particular challenges and regions. These findings will then be opportunities in the new arrangements for mapped against the government native title claimants, holders and expenditure and potential capital within traditional owners. the region.
First, it is crucial that native title holders Although it appears that SRAs are being and traditional owners consider whether negotiated by government first, it is you wish to participate in the new expected that RPAs will follow. This may arrangements, and if you do make this be a positive approach; that is, building clearly known to government, through the regional agreements from the ground up. Indigenous Coordination Centres. However, it could also mean that if native title holders and traditional owners are The abolition of ATSIC has lead to an not engaged in the negotiation of SRAs for increased focus by the federal their area, they may be left out of the government on direct engagement with RPA process and any related regional Indigenous peoples and communities. To structure that may emerge. facilitate this process, government has committed to engage with Indigenous If a regional structure is to have any peoples at a local and regional level, legitimacy and sustainability, native title through Shared Responsibility Agreements holders and traditional owners must be (or SRAs) and Regional Participation included in the decision making process Agreements (or RPAs). These agreements for their communities and regions. will set out the priorities of Indigenous Traditional owners need to get involved to people at a local and regional level and make sure their unique identities and outline what obligations both the concerns within Indigenous communities government and the relevant Indigenous are recognised and reflected in SRAs and group agree to in pursuit of these RPAs. priorities. They are based on the principle of shared responsibility and involve So, what about SRAs and native title mutual obligation or reciprocity for the agreements delivery of services. Depending on how the government plans to develop RPAs, Native title claimants, holders and there might be an opportunity for the traditional owners should also think recognition or emergence of regional carefully and strategically about what governance structures. they can negotiate through an SRA.
Now let me turn to regional participation While native title is about recognising agreements existing rights in land, and not about mutual obligation for the discretionary RPAs may raise important issues for native benefits provided by government through title holders and traditional owners. SRAs, there may be things that traditional
7 owners want to do on their land that title claimants a say about what takes could be achieved by using an SRA. place on their land.
I am not proposing that native title be This type of negotiation gives limited resolved through an SRA. The legal expression to important human rights recognition of traditional rights, as well as standards such as the right to protection statutory procedural rights like the right of culture, prior informed consent and to negotiate, is an important asset of the right to self determination. recognition and opportunity for Indigenous development. Legal rights Despite the limitations of the native title ensure that meaningful negotiation occurs system - the rights basis that it with Indigenous people and not simply establishes for agreement making is an consultation. important principle that we must insist upon in the context of SRAs. Rights must Rather, I am suggesting that once native underpin the process and outcomes of title rights have been recognised through SRAs if SRAs are to achieve their a determination, or an ILUA has been objective; that is, of a community that is reached, SRAs may be a useful tool for self reliant and capable of directing its native title holders to obtain funds and own economic and social development. support from government to do things on their land. Knowing your rights could help traditional owners and native title holders negotiate Equally, the process of negotiating SRAs with ICCs to get meaningful and could benefit from the lessons learned sustainable outcomes through SRAs. through native title agreement making. The second issue I wanted to address The catch cry of the native title system is today is economic and social development – negotiate not litigate. As a result, for traditional owners and their agreements through consent communities through native title. This is determinations and ILUAs have become the focus of my 2004 Native Title Report the principal way of settling native title and one of the major themes of this issues. Just a few weeks ago the 100th conference. It is also becoming an native title ILUA was negotiated in important issue in political and public Queensland. The experience and debate. Given this attention I would like knowledge gained by Indigenous people to discuss the framework that underpins and native title practitioners and experts the type of economic and social negotiating agreements could provide development set out in my report. In important guidance on how shared doing so it is necessary to first consider responsibility agreements should be one question - who is this model for reached. economic and social development intended to benefit? Importantly, one of the key features of the native title agreement making process In addressing this question I would like to are the legally enforceable rights that begin by reflecting on some of the history give Indigenous parties a seat at the that has emerged through native title table, bargaining power, and remedies for claims. infringements. It means that native title agreements are based on negotiation, not Justice Olney summarised in the Yorta just consultation, and they give native Yorta decision that by the 1850s Aboriginal resistance to settlement had
8 ceased. The Yorta Yorta population had ideology it has been used to justify the been drastically reduced: while the white worst possible treatment of Indigenous population had grown dramatically - Australians. So it is with some caution and attracted by pastoral lands and gold. in good faith that I have used this term. Government inquiries were held into the Good faith that strategies for economic condition of Aborigines and addressing and social development will not become a their ‘absolute wants’, so missions and smokescreen for reducing Indigenous land reserves were established to address rights or imposing social and cultural these needs. Later, ‘half castes’ were change on communities. Because, I dispersed from missions and stations and believe that economic and social families were split up or forced to move development, based on and tied to human away from areas that had been their rights, can lead to better outcomes for homes for millenia. In the twentieth Indigenous Australians. century most of the reserve land had been leased to white farmers and employment Human rights encourages a social and for Aboriginal people became harder to economic development agenda. find as the white population grew and International human rights treaties state soldiers returned home. Funding for that: reserves was reduced and Aboriginal peoples living on reserves were not All peoples have the right to self eligible for unemployment benefits, nor determination. By virtue of that right they were able bodied people, eligible for freely determine their political status and rations. freely pursue their economic, social and cultural development. Indigenous peoples throughout Australia experienced similar events on our lands. In 1986 the UN made a declaration on the These stories demonstrate how industry, right to development which expressly agriculture and mining contributed to the states that development is a fundamental growth of the Australian economy while at human right that focuses on the human the same time, deprived Indigenous person who is the central subject and the Australians of our economic resources and active participant and beneficiary of the disrupted social, cultural and political right. structures. History suggests that economic growth in the broader economy does not The declaration states that development translate into greater social and economic is a comprehensive economic, social, outcomes for Indigenous peoples. cultural and political process aimed at the constant improvement in the wellbeing of It is on this basis that I have argued in my the entire population and the fair report that if the commonwealth distribution of benefits. Development in government has a genuine commitment to Australia has not been enjoyed by the addressing Indigenous disadvantage, then entire population as Indigenous Indigenous social and economic Australians have been, and continue to development should be a priority for be, marginalised from development government. outcomes on their lands. Prior to Mabo, Indigenous people had no rights to the fair But what does this amorphous term – distribution of benefits. Following Mabo economic and social development mean? we have limited rights but still no access It can mean different things to many to fair distribution. different groups. In the past, under other names and with an assimilationist
9 Economic and social development is also rights. Indigenous Australians will now aimed at the full realisation of all human have an opportunity to test, through the rights and fundamental freedoms. In negotiation of SRAs, whether the relation to Indigenous Australians these government’s words are underpinned by rights include: the substance of rights. Indigenous Australians must now test if the • The right to self determination government is genuinely committed to • The right to protection of culture partnerships and participation that • Economic, social and cultural rights includes the right to prior, informed • The right to prior informed consent consent and self determination. Test • And equality whether the government is genuinely committed to building capacity in Economic and social development based communities and supporting Indigenous on human rights would aim for a broad governance and test whether the type of range of outcomes: economic and social development that the government is promoting will respect • It would ensure Indigenous people culture, allow Indigenous people to control their own development control the process and outcomes and goals and agenda. allow Indigenous people to say no to • That development is not strategies that they do not agree with. inconsistent with culture or ignorant of cultural issues. It has been reported this week that the • That better health, access to food, mining industry is engaging in the process housing and a stable meaningful of SRAs. The rights I have just described job would be just as important as apply equally to the activities of the increased incomes. mining industry. This should come as no • That Indigenous people would be surprise to the industry, particularly given active participants in the process their commitment to sustainable of building economic and social development which recognises and outcomes in their communities, supports a strong commitment to human and rights standards. Along with monitoring • If Indigenous communities don’t other SRAs, I will be taking a keen agree with government strategies interest in the development of these or they don’t want mining on their agreements. land – they would be able to say no. I believe it is necessary at this point, to • That Indigenous rights in land stress the importance of rights to land would be recognised as being of within a human rights framework for equal importance and as a result, economic and social development. Let me have equal protection, and be very clear, when I talk about economic • That the life chance indicators of development for Indigenous communities, Indigenous people would be better, I am talking about development that much better, and closer to that of builds on and preserves rights to land, the rest of Australia, hence, a fair whether these rights come from land distribution of benefits. rights claims, native title legislation or traditional laws and customs. In many ways what I have just said echoes comments from the commonwealth This brings me to the recent debate on government – with one exception: alienating Indigenous traditional lands. because what I have said is based on
10 The very public and political discussion Indigenous land will not improve about how to achieve economic outcomes in these areas. development has centred on the idea that the removal of traditional rights to land is However, even in urban areas like Darwin necessary to kick-start economic and coastal regions like the cape and the development. In particular, there have NSW central coast – it is unlikely that the been various proposals to shift the creation of capital alone will transform ownership of Indigenous land from Indigenous communities. If the purpose of community to individual control, and alienating Indigenous land is to make a make it alienable, to further the difference to our high unemployment economic progress of Indigenous peoples. rates, low incomes, poor health status and education participation, then capital I am concerned that this approach pre- must be used to produce ongoing, empts a focused, well-funded strategy to sustainable outcomes and these outcomes build economic and social development have to be linked to the community’s based on traditional rights in land. It needs. A comprehensive approach is relies on a singular view of economic needed, and this must include the development that focuses on the development of our capacity to manage individual and presumes the market will capital, to ensure effective governance deliver, no matter what. The idea of and to make informed decisions. making aboriginal land tradable assumes that there is a market for it in the first Without addressing these issues, many place. Given the history of Indigenous Indigenous communities may lose their dispossession in the pursuit of economic land to short-term gains or through development in Australia, it should be no foreclosure, and money generated by surprise that most Indigenous land has selling or mortgaging land won’t address limited commercial value in the the underlying social and economic mainstream economy. However, we can problems. be sure that developers will want coastal lands and islands, but highly unlikely that A better approach might be to build they will want desert lands. economic development from our existing assets without putting our land rights at There are also obstacles to economic risk; and would link community outcomes development that have nothing to do with to successful enterprises. This is not to the tenure of the land. say that at a future time we will not consider creative ways to alleviate poverty, but at this time, we must take In remote areas, the lack of basic small steps and walk together and not infrastructure like decent roads and have to run after another government telecommunications, limited economies of “good” idea. We have to do it on our scale and lack of Indigenous skilled or terms even semi-skilled workers undermines economic development. Many of these Many Indigenous communities have issues could be addressed by improved already devised imaginative ways of provision of services. Education, generating economic development from healthcare, good roads and sanitation are traditional land and resources. This necessary to support and underwrite demonstrates that entrepreneurialism is economic and social development. These not limited by communal ownership. are basic citizenship rights for which the Options include using traditional lands for government has responsibility - alienating tourism, natural resource management,
11 airstrips, animal husbandry, customary as a tool for meeting traditional owner harvesting and small enterprises. goals.
Commonwealth and state governments It has been said so often and by so many should explore opportunities to provide different organisations that NTRBs need commercial or special licences to more funding – even mining companies are traditional owners to utilise resources on saying this. In fact mining companies do their lands - in recognition of our go a step further and provide funding for connection to country and our rights at some rep bodies, while the international law to own, control and commonwealth continues to deny that dispose of our natural resources. NTRBs need extra funding. The recent budget has provided a slight increase in This brings me to my final point, the NTRB base level funding, and extended challenges and opportunities for NTRBs. the capacity building program that was due to end in 2004-2005 financial year. To support innovation and improved But slight increases are not sufficient to economic and social outcomes through address the shortfall in NTRB funding. native title and traditional ownership of land, NTRBs must be better equipped. The structure of NTRBs must also support a responsive, flexible and innovative They need more resources and flexible approach to native title through funding regimes that will allow them to representation and effective participation meet their statutory obligations and of traditional owners in the activities of support a holistic approach to land the NTRBs both at a regional and national related issues such as cultural heritage, level. land management and economic development. The representative structure of NTRBs is important to ensure Indigenous The same can be said for local, state and participation in the operation of these commonwealth government agencies organisations. Participation is crucial in dealing with native title. These agencies developing strategies for addressing need to explore strategies, in consultation broader outcomes. with NTRBs, for a ‘whole of government’ approach when it comes to land related Participation of Indigenous people is a issues. Cultural heritage, land recognised human right and an important management and third party use of the strategy for achieving community land will, in all instances, require native outcomes. The government has adopted title stakeholder participation. this approach in the new arrangements Governments need to consider ways in and should ensure that the ongoing which these matters, as much as possible, participation of Indigenous people is can be streamlined and managed through maintained through the NTRB structure. one agency, or at least, in close collaboration with departments and I see a great potential in this annual agencies who have a native title policy or conference for traditional owners and responsibility. their representative organisations to address Indigenous land issues. Following To effectively address land related issues the demise of ATSIC, this is one of the last through one agency or in a coordinated remaining forums for Indigenous groups to manner, bureaucrats and lawyers need to organise and speak with a single voice. I see native title not as a legal process but encourage conference organisers and
12 attendees to use the conference as a important for native title claimants, mechanism through which to set the traditional owners, PBCs, NTRBs and other Indigenous agenda on land issues and native title stakeholders. make recommendations to government. My office has made commitments to To close, I encourage traditional owners monitor the new arrangements and follow and claimants to think about whether you up problems with the government. We want to be involved in the new want to hear from you about how the new arrangements. If so, then you must step arrangements are working for you and forward and make this clearly known to how traditional owners are, or are not, government through the ICCs. The being included in representative government’s focus on developing SRAs structures. We also want to know how before RPAs means that traditional native title is being dealt with in this new owners need to be involved at the landscape – whether flexible, locally beginning of the process to ensure your driven outcomes are reflected in how the particular goals are reflected, and government deals with native title issues. concerns are addressed, in both You can make comments on our new mechanisms. Otherwise, traditional arrangements website or talk with me or owners risk being marginalised in this new my staff, Yvette and Sarah, over the mode of Indigenous service delivery. My coming days. message in the Native Title Report 2004 was that native title should not be closed I wish you all the best of success at the off from other Indigenous policy conference and in achieving positive initiatives that are directed at social and outcomes for you and your peoples, economic development for our through the native title system. communities. This was a message chiefly Thanks you directed at government, but it is equally
NATIVE TITLE IN THE NEWS
National Northern Territory
This year's National Native Title Native title issues have been settled over Conference co-organised by The 27 national parks and reserves in the Australian Institute of Aboriginal and Northern Territory, in the biggest Torres Strait Islander Studies (AIATSIS) simultaneous negotiations of Indigenous and the NSW Native Title Service will be Land Use Agreements (ILUAs) in Australia. in Coffs Harbour. Numerous Indigenous A total of 31 ILUAs will be negotiated leaders from across the country are paving the way for co-operative planning expected to attend and will include and co-management between Indigenous addresses from native title holders, groups and the Northern Territory claimants and researchers. The Government. The first four agreements conference will commence with a smoking will be notified by the National Native ceremony and dance performance by the Title Tribunal during mid May by form of local Gumbayngirr group. Senator Aden advertisement. NNTT Media Release. 17- Ridgeway will conclude the conference by May-05. giving a keynote address on the economic impacts of native title. ABC Online, ATSI Online - Message Stick. 02-Jun-05.
13 Four claims in the Northern Territory have Island (Koey Ngurtai) ILUA: QI2004/002; been notified, calling for interested Dauan Island ILUA, QI2003/038. parties. The applications vary in size and are over land outside Katherine, Adelaide River, Alice Springs and 90 kilometres The Gangalidda and Garawa Peoples have south-east of Darwin. The claim names lodged a native title claim over almost are Edith River, McKinlay River, West Ban 14,000 sq km of land in Queensland's Ban #2 and South West Glen Helen. north-west. The claim area extends from Closing date for responses is 31 August the Queensland/Northern Territory border 2005. NNTT Media Release. 18-May-05. to Burketown in the Gulf region. The Edith River DC04/3, NTD20/04; McKinlay claim falls within the local government River DC04/4, NTD21/04; West Ban Ban #2 areas of Burke Shire and Doomadgee DC04/5, NTD24/04; South West Glen Council and excludes private freehold Helen DC05/1, NTD2/05. land. The claim includes some areas of sea. Any person or organisation with an interest in the claim has until 14 Queensland September 2005 to apply to the Federal Court to become a party. North West Star, The Western Queensland Wakka Wakka pg 7. 19-May-05. Gangalidda & Garawa people have signed an agreement which People #2: QC05/3, QUD66/05. will grant the Queensland Gas Company an exploration permit over 10,000 sq km of land and allow them to explore a coal Two native title applications near Cairns seam. Group Spokeswoman for the have reached notification. The Olkola Western Wakka Wakka Native Title People's application covers a 3,992 sq km applicant group Trish Hall said signing the area around 210 km north-west of Cairns agreement would allow Aboriginal people and falls within the areas administered by to participate in further deals and benefit the Cook and Mareeba Shire Councils. The from them. The agreement was signed claim includes the Pinnacle, King River under the Queensland Aboriginal Cultural and Kimba Pastoral Holdings and parts of Heritage Act 2003. Toowoomba Chronicle, the Mount Mulgrave and Yambo Pastoral pg 10. 14-May-05. Wakka Wakka People, Holdings. The second application is by the contacted NNTT on 20Jun. Western Yalanji People and covers a 753 sq km area around 160 km north-west of Cairns. The application falls within the Badu and Duaun Islanders in the Torres area administered by the Cook Shire Strait have negotiated ILUA's including the Council and comprises parts of the Department of Defence and the Australian Palmerville and Mount Mulgrave Pastoral Customs Service. These agreements will Holdings. Not all of the land and waters allow high-frequency surface wave radars within the application's external to be situated on the Islands which will boundaries are claimed. NNTT Media enable 24-hour wide-area surveillance of Release. 15-Jun-05. Olkola People & aircraft, ships and boats travelling in the Western Yalanji People. Strait. The radar receiver will be situated on Duaun Island, whilst the transmitter will be located on Koey Ngurtai (Pumpkin) The Queensland South Representative Island, administered by the nearby Badu Body (QSRB) based in Toowoomba has lost Island, in the middle of the Torres Strait. the funding and backing of the Federal Koori Mail, pg 27. 18-May-05. Pumpkin Government. Indigenous Affairs Minister Amanda Vanstone said alternative
14 arrangements for a new native title body Point. The group plan to re-lodge their for the southern Queensland region were claim in order to include a further 600 being put in place as a matter of priority. hectares of Crown land. The new claim Toowoomba Chronicle, pg 3. 24-Jun-05. will extend across Arthur Beach and in an easterly direction across Temma Road. Mr Le Sage stated that the State Government South Australia will face a compensation claim. Circular Head Chronicle, pg 1. Sundown Point The Full Court of the Federal Court Claim: TC00/1, TAD6001/00. yesterday overturned a 2002 decision by Justice Maurice O'Loughlin that the Yankunytjatjara People did not possess a Victoria spiritual connection with De Rose Hill Station. In the judgement, Justices The Gunditjmara native title claim is not Murray Wilcox, Ronald Sackville and likely to be resolved before a directions Ronald Merkel said that the requirements hearing ordered by Justice Tony North for of the Native Title Act had been satisfied. 08 June. This will see the claim enter The court ruled that the group should be litigation. In the interim, additional granted free access to the contested mediation meetings have taken place with area, except for parts where all parties asserting that progress is being improvements such as sheds, houses or made. The area covers 20,000 sq km of airstrips have been constructed. Adelaide land and waters from the South Australian Advertiser, pg 26. Independent Weekly, border along the coast to Yambuk, past pg 4. 09-Jun-05. De Rose Hill: SC 94/2, Hamilton in the north-east and to the SAD6001/96. southern perimeter of Casterton in the State's west. Not all of the area within the application's external boundaries are Two native title claims involving the Port claimed. Portland Observer, pg 5. 09-May- Lincoln City Council have been referred to 05. Gournditch-Mara Claim: VC99/7, the National Native Title Tribunal for VID6004/98. mediation. This is because the Kokotha Native Title Claim and Barngarla Native Title Claim have an overlapping boundary Western Australia dispute. Once resolved, the aim to achieve Indigenous Land Use Agreements A landmark native title ruling by the will continue. If the Tribunal is unable to Federal Court has brought an end to resolve the dispute, the Federal Court will almost 10 years of negotiations between hear the dispute during late 2006 or early two Pilbara Aboriginal groups and the 2007. Port Lincoln Times, pg 6. 28-Jun-05. Western Australian Government. Federal Kokotha Native Title Claim: SC99/2, Court Justice Robert Nicholson was SAD6013 and Barngarla Native Title Claim recently in Roebourne for the SC96/4, SAD6011/98. determination ceremony to finalise the claim involving the Ngarluma and Yindjibarndi peoples. The Court found Tasmania both groups possessed non exclusive rights over parts of the 25,000 sq km claim area Lance LeSage on behalf of the Manegin within the shires of Roebourne, Ashburton People has withdrawn his native title and East Pilbara. Pilbara News, pg 1. 04- claim originally lodged in September 2000 May-05. Ngarluma/Injibandi Claim: over 132 hectares of land at Sundown WC99/14, WAD6017/96.
15 Argyle Diamonds which is owned by Rio Tinto. The ILUA located in the East The Amangu and Widi Binyardi native title Kimberley region of Western Australia will claims in the mid-west of Western provide employment along with other Australia are in notification. The Amangu economic opportunities for the Indigenous People's application covers about 27,390 groups. The agreement will allow for an sq km of land and water near Geraldton underground mine at Argyle to be and falls within the City of Geraldton and developed. NNTT Media Release. 08-Jun- the Shire Councils of Carnamah, Chapman 05. Argyle Diamonds ILUA: WI2002/003. Valley, Greenough, Irwin, Mingenew, Morawa, Mullewa, Northampton, Perenjori, Three Springs and Yalgoo. The Federal Court Judge Robert French ruled Widi Binyardi application covers broadly in favour of a native title approximately 27,290 sq km and sits determination for the Bardi and Jawi about 100 km east of Geraldton. It People. The outcome ended over 10 years extends from the towns of Pindar, of debate over the 1037 sq km of land at Mingenew, Three Springs and Pithara in the northern end of Dampier Peninsula. the west to the boundary of the Balimia The claim primarily comprises Aboriginal People's native title application in the reserves and unallocated Crown Land and east. Those with an interest in the claim contains a 5.5 km sea boundary. Justice area have until 31 August 2005 to respond French ruled that the Bardi and Jawi by writing to the District Registrar of the People had exclusive rights to the whole Federal Court. For further information of the mainland as well as the right to contact the NNTT on freecall 1800 640 hunt turtle and dugong in waters in the 501. NNTT Media Release. 18-May-05. claim area and to take pearl shell for Amangu People WC04/2, W6002/04 & cultural purposes. West Australian, pg 16. Widi Binyardi WC04/8 & WAD286/04. 11-Jun-05. Bardi Jawi Claim: WC95/48, WAD49/98.
The Federal Court decision in relation to the Wongatha Native Title claim has been The Tjurabalan Native Title Aboriginal further delayed, and is not expected Land Corporation represented by the before 10 June 2005. The claim which was Kimberley Land Council has signed a lodged more than a decade ago, covers landmark agreement with mining approximately 160,000 sq km in the company Tanami Gold. The agreement Goldfields region. A spokesman for the covers mining and exploration over the Federal Court said all parties involved had 26,000 sq km of land located south-east been informed that Justice Kevin Lindgren of Halls Creek in Western Australia's intended to publish his judgement on the Kimberley. Central to the agreement is a eight native title claims involved in the commitment to employment, training and Wongatha matter in instalments. The first business development opportunities for 100 pages of the reasons for judgement the Tjurabalan people. Koori Mail, pg 60. will be made public on June 10 2005. 15-Jun-05. Tjurabalan Claim: WC95/74, Kalgoorlie Miner, p. 3. 26-May-05. WAD160/97. Wongatha Claim: WC99/1, WAD6005/98.
Australia's largest native title settlement The Miriwung, Gidja, Wularr and Malgnin will be finalised during late June by People represented by the Kimberley Federal Court Chief Justice Michael Black. Land Council have signed an ILUA with Justice Black will ratify the agreement in
16 an open-air Federal Court hearing in represents about 250 holders. Sunday Jameson, about 120km north-east of Times, pg 20. 26-Jun-05. The Warburton. The 188,000 sq km region Ngaanyatjarra Lands Native Title Claim: near the South Australian border WC04/3, WAD6004/04. encompasses six smaller claims and
APPLICATIONS LODGED
The National Native Title Tribunal posts summaries on their website of applications that are lodged with them, www.nntt.gov.au. The following applications were lodged in May/June 2005.
Claimant Applications Date Filed Application Name State/ Tribunal Federal Court Territory File No. File No. 01/06/05 Puutu Kunti WA WC05/4 WAD126/05 Kurrama and Pinikura 2 27/06/05 Wondunna Clan, QLD QC05/10 QUD169/05 Badjala People
Non-Claimant Applications
Date Filed Application Name State/ Tribunal Federal Court Territory File No. File No. 23/06/05 The Council of the NSW NN05/10 NSD1037/05 City of Shoalhaven
REGISTRATION TEST DECISIONS The National Native Title Tribunal posts summaries of registration test decisions at www.nntt.gov.au . The following decisions are listed for May/June 2005. If an application has not been accepted, this does not mean that native title does not exist. The applicants may still pursue the application for the determination of native title. If an application does not pass the registration test, the applicant may seek a review of the decision in the Federal Court or re-submit the application. Decision Application Name State/ Tribunal Federal Court Decision Date Territory File No. File No. 05/05/05 Wiluna #2 WA WC04/7-1 W241/04 Not Accepted 10/05/05 Ballardong People WA WC00/7-1 WG6181/98 Not Accepted 11/05/05 Napperby NT DC05/3-1 NTD6/05 Accepted 11/05/05 Mount Doreen NT DC05/2-1 NTD5/05 Accepted
17 12/05/05 Rubibi WA WC99/23-2 WG6006/98 Accepted 19/05/05 Rubibi #17 WA WC04/6-2 W223/04 Not Accepted 20/05/05 Badjuballa People QLD QC99/37-2 Q6029/99 Accepted 20/05/05 Ugar (Stephen QLD QC96/61-4 QG6076/98 Accepted Islanders) #1 08/06/05 Ngarlawangga WA WC05/3-1 WAD78/05 Accepted People 15/06/05 Paddy Carlton obo NT DC95/1-2 NTD6008/98 Accepted the MGW
APPLICATIONS CURRENTLY IN NOTIFICATION
Closing Date Application Number Application Name 08/06/05 NN04/12 Peter Hillig as Administrator of Worimi Local Aboriginal Land Council 08/06/05 NN05/1 The Awabakal Local Aboriginal Land Council 08/06/05 NN05/2 Woromi Local Aboriginal Land Council and Administrator Peter Hillig 08/06/05 NN05/3 Anthony Kelly MLC Minister assisting the Minister for Natural Resources (Lands) for the State of NSW as the State Minister under the Native Title Act 1993 (Cwth) 22/06/05 WC03/6 Single Noongar Claim (area 1) 05/07/05 NN05/4 Brady 19/07/05 NN05/5 Anthony Bernard Kelly, MLC, Minister for Lands for the State of NSW as the Minister under the Native Title Act (Cth) 19/07/05 NN05/6 Anthony Bernard Kelly, MLC, Minister for Lands for the State of NSW as the State Minister under the Native Title Act 1993 (Cth) 03/08/05 NN05/7 Worimi Local Aboriginal Land Council 17/08/05 NN05/9 The Hon. Bob Debus MP, Minister for the Environment for the State of NSW 31/08/05 WC04/2 Amangu People 31/08/05 DC04/3 Edith River 31/08/05 DC05/1 South West Glen Helen 31/08/05 DC04/5 West Ban Ban #2 31/08/05 DC04/4 McKinlay River 31/08/05 WC04/8 Widi Binyardi
For further information regarding notification of any of the applications listed contact the National Native Title Tribunal on 1800 640 501 or www.nntt.gov.au.
18 RECENT ADDITIONS TO THE AIATSIS COLLECTION CATALOGUES
The following list contains newly http://www.hreoc.gov.au/social_justice/ catalogued items that have just become ntreport03/index.htm available on Mura, the AIATSIS on-line catalogue. Some entries have web Australia. Human Rights and Equal addresses and you will be able to have Opportunity Commission access immediately to them. Please check Calma, Tom and Australia. Aboriginal and Mura for more information on each entry, Torres Strait Islander Social Justice including annotations. Commission Native title report 2004 AUDIOVISUAL MATERIALS: http://www.hreoc.gov.au/social_justice/ nt_reports.html#2004 Approximately 80 hours of oral history interviews in English, recorded at History – Exploration and accounts Daguragu, Kalkarindji, Timber Creek and Yarralin between 1997 and 2005 were Atkinson, Wayne R. deposited by Minoru Hokari. An important ‘Historical research into Cumeroogunga collection of historical photographs from and Coranderrk Aboriginal reserves, and all parts of mainland Australia spanning the recording of oral histories from the period 1850-1970 was deposited by Aboriginal people who lived on, and Aldo Massola. See the Mura catalogue experienced reserve life.’ [report on entry under MASSOLA.A.1CS for a full research project to Australian Institute of listing of people in the photographs and Aboriginal Studies, Canberra]. 1979. topics. Bannister, Saxe. PRINT MATERIALS: British colonization and coloured tribes. London : William Ball, 1838. In addition to the material listed below, the AIATSIS Library has recently obtained Beckett, Jeremy the papers of Aden Ridgeway. A study of Aborigines in the pastoral west of NSW. Sydney : Oceania Publications, Please note that a new section, 2005. Procedures and protocols – Archives and Libraries, has been added for recently Brock, Peggy acquired information on handling ‘Skirmishes in Aboriginal history.’ In Indigenous materials. Aboriginal History Vol. 28 (2004), p. [207]-225. Government reports - Australia and Dargavel, John States ‘Persistence and transition on the Wangites-Wagait Reserves, 1892-1976.’ In Australia. Human Rights and Equal Journal of Northern Territory History no. Opportunity Commission. 15 (2004), p. 5-19. Jonas, W. J. A.. and Australia. Aboriginal and Torres Strait Islander Social Justice Freycinet, Rose Marie de, Rivière, Marc Commission and National Library of Australia Native title reports 2002, 2003. A woman of courage : the journal of Rose http://www.hreoc.gov.au/social_justice/ de Freycinet on her voyage around the nt_reports.html#2002 world 1817-1820. Canberra : National Library of Australia, 2003.
19 Garde, Murray and A. Kohen ‘The use of history in proving native title: ‘Putting Herbert Basedow back in focus: a judge's perspective.’ In Journal of the the 1928 expedition to Arnhem Land.’ In Royal Western Australian Historical Australian Aboriginal Studies no.1, Society (Inc.) Vol. 12, part 3 (2003), p. (2004), p.26-36. 315-325
Greenberg, Harry, et. al., comps. Indexes, directories and guides: A history of Ebenezer Mission. [Melbourne] : Koorie Heritage Trust, Craig, Donna, comp., and East Kimberley c2005. Impact Assessment Project (Australia). Social impact assessment bibliography. Grey, Geoffrey Canberra City : East Kimberley Impact ‘'Mr Chinnery should be given the Assessment Project, [1987]. recognition he deserves': EWP Chinnery in the Northern Territory.’ In Journal of Houston, Carol and South Australia. Northern Territory History no. 15 (2004), Aboriginal and Historic Relics, et. al. p. 21-33. Aboriginal material culture of South Australia : a reading guide. Adelaide, S. Haynes, B. T. (Bruce T.) and History Aust. : S.A. Museum: Aboriginal & Historic Association of Western Australia. Relics Administration, 1976. W.A. Aborigines, 1622-1972 : an extract from Themes from Western Australian Houston, Carol. history; a selection of The Kaurna tribe of the Adelaide Plains : documents and readings. [Claremont, a selected bibliography. Adelaide : W.A.] : History Association of Western Aboriginal and Historic Relics Australia, 1972. Administration, 1976.
Peterson, Nicolas, et.al., eds. Pilbara Aboriginal Language Centre Donald Thomson: the man and scholar. Welcome home to the Pilbara, Western Canberra : Academy of the Social Sciences Australia :finding your Martu, Marlpa, in Australia Marlngu family. with support from Museum Victoria, [Port Hedland, W.A.] : Wangka Maya c2005. Pilbara Aboriginal Language Centre, [200- ]. Walker, James Backhouse and Royal Society of Tasmania Shnukal, Anna Early Tasmania : papers read before the Bibliography of Torres Strait. Brisbane : Royal Society of Tasmania during the Aboriginal and Torres Strait Islander years 1888 to 1899. Tasmania : T. J. Studies Unit, 2004. Hughes, Government Printer, 1973. State Records Authority of New South History and Native Title practice Wales. The Concise guide to the State Archives Genovese, Ann of New South Wales [electronic resource]. ‘The use of history in native title: [Sydney] : State Records Authority of New historical perspectives.’ In Journal of the South Wales, c2000. (CDs held in Library). Royal Western Australian Historical Society (Inc.) Vol. 12, part 3 (2003), p. State Records Office of Western Australia. 326-333. Nicholson, Robert
20 [Aboriginal records at the State Records Land rights: case studies Office of Western Australia] [electronic resource] Bartlett, Richard H. Perth, W.A. : State Records Office of ‘Extinguishment, deemed extinguishment Western Australia. ELECTRONIC ACCESS and suspension: Larrakia and the Native ONLY Title Amendment Act.’ In Australian http://www.sro.wa.gov.au/collection/ab mining & petroleum law journal, vol. 17 originalrecords.html no. 3 (special edition) October 1998, p. 228 – 241. Australian Institute of Aboriginal and Torres Strait Islander Studies. Library Gisbuhl, Geoff Victorian Protectors Reports [electronic ‘Native title and the sea - the Croker resource] [Produced by AIATSIS Library Island case.’ In Australian mining & Digitisation Program]. petroleum law journal, vol. 17 no. 3 2005: 025.8 AUS C-D Library 31 (special edition) October 1998, p. 311 – 321. Warburton, P. Egerton.et. al. Journey across the western interior of Legal issues Australia. [with an introduction and additions by Charles H. Eden] ; edited by Australia. Dept. of Aboriginal Affairs. H.W. Bates. ‘Synoptic summary of various sacred sites London : Sampson Low, Marston, Low, & legislation used in preparing draft Searle, 1875. instruction for N.T. Aboriginal Places and Objects Protection and Protection Indigenous rights – Overseas Ordinance.’ [1975, typescript].
Association of Iroquois and Allied Indians Davie, Chris and Law Commission of Canada. ‘Native Title Amendment Act 1998: In whom we trust : a forum on fiduciary validation of invalid Acts; renewal and "as relationships. Toronto, On. Irwin Law, of right" issue of mining and petroleum 2002. tenements; extinguishment of native title rights and interests.’ In Australian mining Land acquisition and land management & petroleum law journal, vol. 17 no. 3 (special edition) October 1998, p. 242 – Calma, Tom 250. Commissioner welcomes historic land use agreements in the Northern Territory . Denholder, Tony 2005. ‘Threshold standard and requirements for ELECTRONIC ACCESS ONLY making a native title claim and http://www.hreoc.gov.au/media_release registration - past and future s/2005/18_05.html claims’ in Australian mining & petroleum law journal, vol. 17 no. 3 (special edition) Worth, David and National Native Title October 1998, p. 273 – 283. Tribunal (Australia). Research Unit The Natural Heritage Trust and Edmunds, Mary Indigenous engagement in natural ‘'I just want my human rights' : Native resource management : research report. Title and public discourse in Australia.’ Perth : National Native Title Tribunal, Paper prepared for the Australian 2005. Institute of Aboriginal and Torres Strait Islander Seminar Series, 'Land, Rights,
21 Laws: issues in Native Title', Canberra, 7 Hagan, Denise and Lockhart River (Qld. : September 1998. Shire). Council Lockhart River Community Plan 2004-2008 Garnett, Merrilee and Ritter, D. : empowering the community - working ‘The application of the right to together. Lockhart River, Qld : Lockhart negotiate.’ In Australian mining & River Aboriginal Shire Council , 2005. petroleum law journal, vol. 17 no. 3 (special edition) October 1998, p. 284 – Martin, Michael 299. Livelihood on country - experiences with Indigenous Protected Areas on Cape York Hunt, Michael Peninsula. In Our place, No. 25, 2005, p 8- ‘Workability of the Native Title Act (as 10. ELECTRONIC RESOURCE. amended)’. Australian mining & http://www.icat.org.au/documents/op25 petroleum law journal, vol. 17 no. 3 ipascapeyork.pdf (special edition) October 1998, p. 330 – Sheehan, Anne and Mascher, S. 339. ‘Indigenous Land Use Agreements: a pathway for negotiating the future.’ In Marchetti, Elena Australian mining & petroleum law Indigenous courts and justice practices in journal, vol. 17 no. 3 (special edition) Australia. In Trends and Issues in Crime October 1998, p. 300 – 310. and Criminal Justice, No. 277 (May 2004), p. [1]-6 ELECTRONIC RESOURCE. Native Title – Mediation http://www.aic.gov.au/publications/tand i2/tandi277.html Brockwell, Sally, et.al. and Australian Institute of Aboriginal and Torres Strait Rose, David Islander Studies. Indigenous Facilitation ‘The 10-point plan – its constitutional and Mediation Project validity.’ In Australian mining & Culture, conflict management and native petroleum law journal, vol. 17 no. 3 title : an emerging bibliography. (special edition) October 1998, p. 216 – Canberra : AIATSIS 2005. 227. Lane, Patricia Margaret Legal training ‘Mediation under the Native Title Act.’ In Australian mining & petroleum law Potok, Richard journal, vol. 17 no. 3 (special edition) A report into the professional October 1998, p. 322 – 329. development needs of native title representative body lawyers : final Williams, Rhian and Australian Institute of Report. [Clayton, Vic. : Monash Aboriginal and Torres Strait Islander University], 2005 Studies. Indigenous Facilitation and Mediation Project. Native Title – Coexistence Native title mediation practice : the commonalities, the challenges, the Fisher, Steve contradictions : a survey of native title Connected, integrated and remote: mediators. Canberra : AIATSIS, 2005. constructive policy directions for Indigenous communities. In Our place, No. Procedures and protocols – Archives and 25, 2005, p 11. Libraries http://www.deh.gov.au/indigenous/ipa/ FATSIL
22 NATIVE TITLE RESEARCH UNIT PUBLICATIONS Land, Rights, Laws: Issues of Native Title The Native Title Research Unit Issues Papers are available through the native title link at www.aiatsis.gov.au or are available, at no cost, from the NTRU. Receive copies through our electronic service, email [email protected], or phone 02 6246 1161 to join our mailing list.
Volume 3 No. 01 Authorisation and replacement of applicants: Bolton v WA [2004] FCA 760 (15 June 2004) Lisa Strelein
Volume 2
No. 30 The Recognition Level of the Native Title Claim Group: A Legal and Policy Perspective Daniel Lavery No. 29 An Anthropological Perspective on Writing for the Court Katie Glaskin No. 28 Promoting Economic and Social Development through Native Title The Aboriginal and Torres Strait Islander Social Justice Commissioner No. 27 Practical Reconciliation, Practical Re-Colonisation? Professor John Borrows No. 26 Agreeing to Terms: What is a ‘Comprehensive’ Agreement? Dr. Stuart Bradfield
MONOGRAPHS
The following NTRU publications are published by Aboriginal Studies Press and are available from the AIATSIS Bookshop located at AIATSIS, Lawson Crescent, Acton Peninsula, Canberra, or telephone 02-6246 1186 for prices and to order.
Treaty: Let’s get it right! Aboriginal Studies Press, Canberra, ACT, 2003. Through the Smoky Mirror: History and Native Title edited by Mandy Paul and Geoffrey Gray, Aboriginal Studies Press, Canberra, ACT, 2003. Language in Native Title edited by John Henderson and David Nash, Aboriginal Studies Press, Canberra, ACT, 2002. Native Title in the New Millennium edited by Bryan Keon-Cohen, proceedings of the Native Title Representative Bodies Legal Conference 16-20 April 2000: Melbourne, Victoria, 2001, includes CD.
23 A Guide to Australian Legislation Relevant to Native Title two vols, lists of Acts summarised, 2000. Native Title in Perspective: Selected Papers from the Native Title Research Unit 1998– 2000 edited by Lisa Strelein and Kado Muir.
Earlier publications dating back to 1994 are listed on the Native Title Research Unit’s website at
ABOUT THE NATIVE TITLE RESEARCH UNIT AIATSIS acknowledges the funding support of the OIPC - Native Title and Land Rights Centre. For previous editions of this Newsletter, click on the Native Title Research Unit link at www.aiatsis.gov.au Native Title Research Unit Australian Institute of Aboriginal and Torres Strait Islander Studies GPO Box 553 Canberra ACT 2601 Telephone 02 6246 1161 Facsimile 02 6249 7714 ([email protected])
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