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Living with Native Title: the Experiences of Registered Native Title Corporations

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Living with Native Title: the Experiences of Registered Native Title Corporations Living with native title: the experiences of registered native title corporations Living with native title: the experiences of registered native title corporations Edited by Toni Bauman, Lisa M Strelein and Jessica K Weir First published in 2013 by AIATSIS Research Publications © Australian Institute of Aboriginal and Torres Strait Islander Studies, 2013 © in individual chapters and updates as follows: Chapter 1, AIATSIS and Jessica Weir; Chapter 2, AIATSIS and Lara Wiseman; Chapter 3, AIATSIS; Chapter 4, AIATSIS and Hanz Spier; Chapter 5, AIATSIS and Jessica Weir; Chapter 6, Patrick Sullivan and John Hughes; Chapter 7, Paul Memmott and Peter Blackwood; Chapter 8, Manuchia Barcham and Francesca Merlan; Chapter 9, Ciaran O’Faircheallaigh All rights reserved. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act 1968 (the Act), no part of this paper may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without prior permission in writing from the publisher. The Act also allows a maximum of one chapter or 10 per cent of this paper, whichever is the greater, to be photocopied or distributed digitally by any educational institution for its educational purposes, provided that the educational institution (or body that administers it) has given a remuneration notice to Copyright Agency Limited (CAL) under the Act. Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) GPO Box 553, Canberra ACT 2601 Phone: (61 2) 6246 1111 Fax: (61 2) 6261 4285 Email: [email protected] Web: www.aiatsis.gov.au National Library of Australia Cataloguing-in-Publication entry: Author: Bauman, Toni, author. Title: Living with native title : the experiences of registered native title corporations / Toni Bauman, Lisa M Strelein and Jessica K Weir. ISBN: 9781922102201 (paperback) 9781922102119 (ebook) Subjects: Native title (Australia) Land tenure--Law and legislation--Australia. Aboriginal Australians--Land tenure--Australia--Management. Land use--Law and legislation--Australia. Other Authors/Contributors: Strelein, Lisa, author. Weir, Jessica K., author. Australian Institute of Aboriginal and Torres Strait Islander Studies, issuing body. Dewey Number: 346.940432 Typeset in 10.5/14.5 pt Plantin Std by Bookhouse, Sydney Cover images: Barron Gorge National Park in Djabugay country (Photo: Hanz Spier); low tide, West Kimberley coast near Bidyadanga, Karajarri country (Photo: Jessica Weir); water tower, Bidyadanga, Karajarri country (Photo: Jessica Weir); Mer Island, Torres Strait (Photo: Lisa Strelein); Poruma Island, Torres Strait (Photo: Lisa Strelein); sandy tracks, Bidyadanga, Karajarri country (Photo: Jessica Weir) AIATSIS acknowledges the funding support of the Department of the Prime Minister and Cabinet (PM&C). Contents List of figures vii List of tables viii Abbreviations and acronyms ix Notes on contributors xii Acknowledgments xvii Preface xviii Chapter 1 Navigating complexity: living with native title 1 Toni Bauman, Lisa M Strelein and Jessica K Weir Chapter 2 An overview of the Registered Native Title Bodies Corporate regime 27 Pamela Faye McGrath, Claire Stacey and Lara Wiseman Chapter 3 Native Title Bodies Corporate in the Torres Strait: finding a place in the governance of a region 65 Lisa M Strelein Update: Torres Strait Native Title Bodies Corporate 2013 109 Lisa M Strelein Chapter 4 The Djabugay native title story: getting back in town 111 Toni Bauman Update: Djabugay Native Title Corporation 2013 142 Hanz Spier Chapter 5 Karajarri: native title and governance in the West Kimberley 147 Jessica K Weir Update: Karajarri Traditional Lands Association 2013 175 Claire Stacey Chapter 6 The Ord River Stage 2 Agreement and Miriuwung Gajerrong native title corporations 181 Patrick Sullivan Update: Miriuwung Gajerrong Corporation and Registered Native Title Bodies Corporate 2013 208 John Hughes Chapter 7 Managing mixed Indigenous land titles — Cape York case studies 217 Paul Memmott and Peter Blackwood Update: Cape York Registered Native Title Bodies Corporate 2013 248 Paul Memmott and Peter Blackwood Chapter 8 Working with Indigenous and western corporate structures — the Central Arrernte case 253 Manuhuia Barcham Update: Lhere Artepe Registered Native Title Body Corporate 2013 271 Francesca Merlan Chapter 9 Registered Native Title Bodies Corporate and mining agreements: capacities and structures 275 Ciaran O’Faircheallaigh Update: Registered Native Title Bodies Corporate and mining agreements 2013 290 Ciaran O’Faircheallaigh RNTBC selected reading list 293 List of figures Figure 1.0: Determinations and Native Title Prescribed Bodies Corporate as at 30 June 2013 Figure 1.1: Location of RNTBC case studies 3 Figure 3.1: Native title determinations in the Torres Strait 68 Figure 3.2: Misrepresenting native title: the Department of Natural Resources and Water’s representation of native title as a layer of regulation, first meeting of PBCs of the Torres Strait, Waiben, December 2007 85 Figure 4.1: Djabugay native title determination 112 Figure 5.1: Karajarri native title determinations 148 Figure 6.1: Miriuwung Gajerrong native title determinations 182 Figure 6.2: Corporate structure of MG Corporation, 2006 187 Figure 6.3: Corporate structure of MG Corporation, 2009 210 Figure 7.1: Map of Queensland showing Coen and Wik regions (here labelled sub-regions) in relation to Cape York Land Council’s Native Title Representative Body (NTRB) area 219 Figure 7.2: Map of Wik and Wik Way Native Title Claim in the Wik region, as at 2013 225 Figure 7.3: Map of existing and likely future Aboriginal land tenures in the Coen region, as at 2008 230 Figure 7.4: Wik region model showing the proposed structural relationship between the Wik PBC and the Wik LSMA after the Chalco royalty flow allows a permanent RNTBC office to be established 235 Figure 7.5: Coen region model illustrating the proposed Coen LSMA, a set of tribal PBCs which also serve as land trusts, and a set of four tribal corporations for day-to-day business in the Coen region. This would result from an amalgamation and rationalisation of all existing land owning corporations, RNTBCs (here labelled PBCs) and land trusts. 237 Figure 8.1: Alice Springs native title determination 254 Published by AIATSIS Research Publications vii Living with native title Figure 8.2: Lhere Artepe corporate structures, 2008 262 Figure 8.3: Lhere Artepe corporate structures, 2010 264 Figure 9.1: Possible structure for a ‘mining agreement’ RNTBC 284 List of tables Table 2.1: Classification of PBCs under the CATSI Act 33 Table 2.2: Distribution of RNTBCs by state and size, June 2013 33 Table 2.3: Timeline of legislation, policy, case law and events relevant to RNTBCs 53 Table 3.1: Torres Strait Registered Native Title Bodies Corporate 98 Table 7.1: Model of harmonised rules for an RNTBC as trustee of a land trust 223 Table 7.2: Land trusts in the Coen region holding Aboriginal freehold land granted under the ALA, as at 2008 229 Table 7.3: Native title proceedings in the Coen region, as at 2008 229 viii Published by AIATSIS Research Publications Abbreviations and acronyms ABN Australian Business Number ACA Act Aboriginal Councils and Associations Act 1976 (Cth) ACHA Aboriginal Cultural Heritage Act 2003 (Qld) ACNC Australian Charities and Not-for-profits Commission AGD Attorney-General’s Department AGDSC Attorney-General’s Department Steering Committee AGM annual general meeting AIATSIS Australian Institute of Aboriginal and Torres Strait Islander Studies ALA Aboriginal Land Act 1991 (Qld) ALT Aboriginal Lands Trust ANU Australian National University ASEIA Aboriginal Social and Economic Impact Assessment ATNS Agreements, Treaties and Negotiated Settlement Project ATSI Act Aboriginal and Torres Strait Islander Act 2005 (Cth) ATSIC Aboriginal and Torres Strait Islander Commission ATSISJC Aboriginal and Torres Strait Islander Social Justice Commissioner AusAID Australian Government Overseas Aid Program BADA Buda:Dji Aboriginal Development Association Aboriginal Corporation CAEPR Centre for Aboriginal Economic Policy Research CAT Centre for Appropriate Technology CATSI Act Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) CBE Coen Business Enterprises CDC Commercial Development Corporation CDEP Community Development Employment Program CEO Chief Executive Officer Chalco Aluminium Corporation of China Ltd CLC Central Land Council CRAC Coen Regional Aboriginal Corporation CYLC Cape York Land Council Published by AIATSIS Research Publications ix Living with native title DBDAC Djabugay Business Development Aboriginal Corporation DCT Djabugay Country Tours DEC Department of Environment and Conservation (WA) DERM Department of Environment and Resource Management (Qld) DNRM Department of Natural Resources and Mines (Qld) DNTAC Djabugay Native Title Aboriginal Corporation DOGIT Deed of Grant in Trust Lands DOTARS Department of Transport and Regional Services (Qld) DTAC Djabugay Tribal Aboriginal Corporation DTGAC Djabugay Tour Guiding Aboriginal Corporation EDU Economic Development Unit EPA Queensland Government’s Environmental Protection Agency, now DERM FaHCSIA Commonwealth Department of Families, Housing, Community, Services and Indigenous Affairs FVTOC Federation of Victorian Traditional Owner Corporations HRSCATSIA House of Representatives Standing Committee on Aboriginal and Torres Strait Islander
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