DOCSLIB.ORG

Power, Culture, Economy Indigenous Australians and Mining

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Power, Culture, Economy Indigenous Australians and Mining Power, Culture, Economy Indigenous Australians and Mining Jon Altman and David Martin (Editors) THE AUSTRALIAN NATIONAL UNIVERSITY E P R E S S Centre for Aboriginal Economic Policy Research College of Arts and Social Sciences The Australian National University, Canberra Research Monograph No. 30 2009 Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at: http://epress.anu.edu.au/c30_citation.html National Library of Australia Cataloguing-in-Publication entry Title: Power, culture, economy : indigenous Australians and mining / editors Jon Altman, David Martin. ISBN: 9781921536861 (pbk.) 9781921536878 (pdf) Series: Research monograph (Australian National University. Centre for Aboriginal Economic Policy Research) ; no. 30. Notes: Bibliography. Subjects: Aboriginal Australians--Economic conditions. Aboriginal Australians--Social conditions. Mineral industries--Australia. Mineral industries--Environmental aspects--Australia. Mineral industries--Social aspects--Australia. Other Authors/Contributors: Altman, Jon C., 1954- Martin, D. F. (David F.) Australian National University. Centre for Aboriginal Economic Policy Research. Dewey Number: 305.89915 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design by ANU E Press. Printed by University Printing Services, ANU This edition © 2009 ANU E Press Contents List of Figures v List of Tables vii Foreword ix John Nieuwenhuysen AM Notes on contributors xi Abbreviations and acronyms xv Acknowledgements xvii 1. Contestations over development 1 Jon Altman 2. Indigenous communities, miners and the state in Australia 17 Jon Altman 3. Data mining: Indigenous Peoples, applied demography and the 51 resource extraction industry John Taylor 4. Aboriginal organisations and development: 73 The structural context Robert Levitus 5. The governance of agreements between Aboriginal people and 99 resource developers: Principles for sustainability David F. Martin 6. Corporate responsibility and social sustainability: 127 Is there any connection? Katherine Trebeck 7. Indigenous entrepreneurialism and mining land use agreements 149 Sarah Holcombe 8. Mining agreements, development, aspirations, and livelihoods 171 Benedict Scambary References 203 Key Project Publications 241 List of Figures 2.1 The location of the three case studies 34 2.2 The hybrid economy framework 45 3.1 The potential recognition space for indicators of Indigenous well-being 60 3.2 Indigenous population projections 1996–2016 in selected 67 mining regions 5.1 Gulf Communities Agreement structure 105 5.2 Key agreement governance arenas 116 7.1 The Pilbara region, Western Australia 150 v List of Tables 2.1 Social indicator outcomes at mine site and some other jurisdictions, 32 2001 Census 2.2 Social indicator outcomes in eight mining regions, 2001 Census 33 3.1 Data items available for the Thamarrurr region from Commonwealth, 56 Northern Territory and local government agencies 3.2 Extra Indigenous jobs required in the West Kimberley by 2021 68 3.3 Summary indicative proxies of Indigenous labour force exclusion, 69 Pilbara region, 2006 vii Foreword Twenty-five years ago, in 1984, the then Chairman of the Aboriginal Development Commission, Charles Perkins, referred to the tensions between mining interests and Aboriginal opinion. These, he said, `¼ date back to those times of notoriety, not so long ago, when certain Aboriginal groups resisting European pressures on their land were simply swept aside ¼ The deep and degrading cultural disruption, the assault of noise, dust and lost privacy, the loss of social integrity of Aboriginal groups, and the outrageously low return in the way of royalties, employment and other benefits, have all formed part of the picture of the Australian development ªfrontierº' (Cousins and Nieuwenhuysen 1984: xii±xiii). Despite the great rise in mining's share of Gross Domestic Product from 1.7 per cent in 1960±61 to 6.1 per cent in 1980±81, a study in 1984 found that Aboriginals then played only a small part in the operations of major mining companies; occupied mainly unskilled or semi skilled blue collar jobs; and had available to them only limited training opportunities, almost all of which were restricted to narrow job classifications (Cousins and Nieuwenhuysen 1984: 12±13). What has happened in the quarter of a century since those findings were made? In Power, Culture, Economy: Indigenous Australians and Mining, edited by Jon Altman and David Martin, an excellent set of chapters enriches and broadens our understanding of this issue. A specially pleasing aspect of the project has been that PhD scholars have been included, and guided not only to completion of their degrees but also to the attainment of a prestigious publication. It is however disappointing to learn that, after yet another major mineral boom in Australia, when in the five years to 2006 mining export revenues rose by over $100 billion (or around 70 per cent), Indigenous people still do not share equitably in the vast incomes which are generated from their lands in the remote regions of Australia. The words of Minister Jenny Macklin in 2008 that the potential of `¼ millions of dollars to be harnessed for economic and social advancement of native title holders, claimants and their communities ¼' remained to be realised are also a sorry reflection on events in the last twenty-five years. In this comment, Minister Macklin was echoing former Minister Amanda Vanstone, who asked why land rich Indigenous people were `dirt poor', and why the traditional owners of the land were the most disadvantaged living upon it. If way to the better there is, it exacts a good look at the worstÐafter Thomas HardyÐand the authors provide a sobering set of analyses of difficulties and uncertainties in the path ahead. They also ponder the classic question of the development economics literature: does economic growth in poorer societies automatically require a new social and cultural order, or can transformation to prosperity co-exist with at least some traditional ways of living? ix The answers to the questions are intractable, and a theme of the volume is the contestation of ideas and possible policy paths. Whereas a simple solution or proposal, if accepted, is presumably easier for communities and governments to act on, the scholarly review provided in this book is essential in canvassing the various options. This is the major contribution of the volume, coupled with the immense amount of new information and the broadening of the topics rightly considered relevant to the outcome. It is a special pleasure to welcome the publication of this book, since plans for it were hatched by my former colleague at the University of Melbourne, Professor Jon Altman, in association with Rio Tinto, through the redoubtable Bruce Harvey, and the Committee for Economic Development of Australia (CEDA) where I was employed at the time. With CEDA's enthusiastic support, Jon and Bruce succeeded in arranging a successful combined Linkage Grant application to the Australian Research Council (ARC), which was coupled with substantial, generous matching funding from Rio Tinto. There can be no doubt that the ARC Linkage Grant system, which provides incentives for industry to back up research funds from the Commonwealth, is an excellent vehicle for furthering essential enquiry effort and output. This project, under the leadership of Professor Jon Altman and the prodigiously productive Centre for Aboriginal Economic Policy Research at The Australian National University, is a prime example of the importance of the ARC Linkage Grant scheme. It is also a very favourable reflection on the enlightened attitude to funding of research by Rio Tinto, which showed absolute respect for the independence of the scholars in designing and undertaking their work and in reaching conclusions. I therefore warmly congratulate the editors and authors on their work. They have provided material and analysis which is essential to consider in improving the longstanding unsatisfactory relationship between mining activity and the plight of the Indigenous people from whose lands the mineral wealth is being extracted. Professor John Nieuwenhuysen AM Director, Monash Institute for the Study of Global Movements x Power, Culture, Economy Notes on contributors Jon Altman Jon Altman has a disciplinary background in economics and anthropology. He has been involved in research in relation to Indigenous Australians since the late 1970s. In 1990 he became the inaugural director of the Centre for Aboriginal Economic Policy Research at The Australian National University, where he is still located. Professor Altman divides his research effort between a focus on national economic and policy issues and a specific regional focus on western Arnhem Land where he has worked with communities for 30 years. Professor Altman was Chief Investigator on the Indigenous Community Organisations and Miners: Partnering Sustainable Regional Development? ARC Linkage project. He is currently an ARC Australian Professorial Fellow. Sarah Holcombe Sarah Holcombe worked at the Centre for Aboriginal Economic Policy Research at The Australian National University for six years, to early 2008. Dr Holcombe was a part-time Research Associate on the ARC Linkage project while also working
Load more

Recommended publications
  • A Submission to the Nuclear Fuel Cycle Royal Commission
    Roman Oszanski A Submission to the Nuclear Fuel Cycle Royal Commission Preamble I have chosen not to follow the issues papers: their questions are more suited to those planning to expand the nuclear industry, and many of the issues raised are irrelevant if one believes that, based on the evidence, the industry should be left to die a natural death, rather than being supported to the exclusion of more promising technologies. Executive Summary The civil nuclear industry is in decline globally. [Ref charts on existing reactors, rising costs]. It is not an industry of the future, but of the past. If it were not for the intimate connection to the military industry, it would not exist today. There is no economic advantage to SA in expanding the existing industry in this state. Nuclear power does not offer a practical solution to climate change: total lifetime emissions are likely to be (at best) similar to those of gas power plants, and there is insufficient uranium to replace all the goal fired generators. A transition to breeder technologies leaves us with major problems of waste disposal and proliferation of weapons material. Indeed, the problems of weapons proliferation and the black market in fissionable materials mean that we should limit sales of Uranium to countries which are known proliferation risks, or are non- signatories to the NNPT: we should ban sales of Australian Uranium to Russia and India. There is a current oversupply of enrichment facilities, and there is considerable international concern at the possibility of using such facilities to enrich Uranium past reactor grade to weapons grade.
    [Show full text]
  • Kimberley Land Council Submission to the Australian Law Reform Commission Inquiry Into the Native Title Act: Issues Paper 45 General Comment
    Kimberley Land Council Submission to the Australian Law Reform Commission Inquiry into the Native Title Act: Issues Paper 45 General comment The Kimberley Land Council (KLC) is the native title representative body for the Kimberley region of Western Australia. The KLC is also a grass roots community organisation which has represented the interests of Kimberley Traditional Owners in their struggle for recognition of ownership of country since 1978. The KLC is cognisant of the limitations of the Native Title Act (NTA) in addressing the wrongs of the past and providing a clear pathway to economic, social and cultural independence for Aboriginal people in the future. The KLC strongly supports the review of the NTA by the Australian Law Reform Commission (Review) in the hope that it might provide an increased capacity for the NTA to address both past wrongs and the future needs and aspirations of Aboriginal and Torres Strait Islander people. The dispossession of country which occurred as a result of colonisation has had a profound and long lasting impact on Aboriginal and Torres Strait Islander people. Country (land and sea) is centrally important to the cultural, social and familial lives of Aboriginal people, and its dispossession has had profound and continuing intergenerational effects. However, interests in land (and waters) is also a primary economic asset and its dispossession from Traditional Owners has prevented them from enjoying the benefits of its utilisation for economic purposes, and bestowed those benefits on others (in particular, in the Kimberley, pastoral, mining and tourism interests). The role of the NTA is to provide one mechanism for the original dispossession of country to be addressed, albeit imperfectly and subject to competing interests.
    [Show full text]
  • Dollars for Death Say No to Uranium Mining & Nuclear Power
    Dollars for Death Say No to Uranium Mining & Nuclear Power Jim Green & Others 2 Dollars for Death Contents Preface by Jim Green............................................................................3 Uranium Mining ...................................................................................5 Uranium Mining in Australia by Friends of the Earth, Australia..........................5 In Situ Leach Uranium Mining Far From ‘Benign’ by Gavin Mudd.....................8 How Low Can Australia’s Uranium Export Policy Go? by Jim Green................10 Uranium & Nuclear Weapons Proliferation by Jim Falk & Bill Williams..........13 Nuclear Power ...................................................................................16 Ten Reasons to Say ‘No’ to Nuclear Power in Australia by Friends of the Earth, Australia...................................................................16 How to Make Nuclear Power Safe in Seven Easy Steps! by Friends of the Earth, Australia...................................................................18 Japan: One Year After Fukushima, People Speak Out by Daniel P. Aldrich......20 Nuclear Power & Water Scarcity by Sue Wareham & Jim Green........................23 James Lovelock & the Big Bang by Jim Green......................................................25 Nuclear Waste ....................................................................................28 Nuclear Power: Watt a Waste .............................................................................28 Nuclear Racism .................................................................................31
    [Show full text]
  • Karajarri Literature Review 2014
    Tukujana Nganyjurrukura Ngurra All of us looking after country together Literature Review for Terrestrial & Marine Environments on Karajarri Land and Sea Country Compiled by Tim Willing 2014 Acknowledgements The following individuals are thanked for assistance in the DISCLAIMERS compilation of this report: The views and opinions expressed in this publication are those of the Karajarri Rangers and Co-ordinator Thomas King; author and do not necessarily reflect the official view of the Kimberley Land Council’s Land and Sea Management unit. While reasonable Members of the Karajarri Traditional Lands Association efforts have been made to ensure that the contents of this publication (KTLA) and IPA Cultural Advisory Committee: Joseph Edgar, are factually correct, the Land and Sea Management Unit accepts no responsibility for the accuracy or completeness of the contents. To the Mervyn Mulardy Jnr, Joe Munro, Geraldine George, Jaqueline extent permitted by law, the Kimberley Land Council excludes all liability Shovellor, Anna Dwyer, Alma Bin Rashid, Faye Dean, Frankie to any person for any consequences, including, but not limited to all Shovellor, Lenny Hopiga, Shirley Spratt, Sylvia Shovellor, losses, damages, costs, expenses, and any other compensation, arising directly or indirectly from using this publication (in part or in whole) and Celia Bennett, Wittidong Mulardy, Jessica Bangu and Rosie any information or material contained in it. Munro. This report contains cultural and intellectual property belonging to the Richard Meister from the KLC Land and Sea Management Karajarri Traditional Lands Association. Users are accordingly cautioned Unit, for coordination, meeting and editorial support as well to seek formal permission before reproducing any material from this report.
    [Show full text]
  • Newsletter May Contain Images of Deceased People Looking Back on the KLC
    KIMBERLEY LAND COUNCIL APRIL 2018 • GETTING BACK COUNTRY • CARING FOR COUNTRY • SECURING THE FUTURE PO Box 2145 | Broome WA 6725 | Ph: (08) 9194 0100 | Fax: (08) 9193 6279 | www.klc.org.au KIMBERLEY LAND COUNCIL CELEBRATES 40 YEARS Photo: Michael Gallagher WALKING THE LONG ROAD TO JUSTICE This year we celebrate 40 years since the Kimberley Land Council was formed. In our fortieth year we are as strong as ever. Kimberley Aboriginal people still stand together as one mob, with one voice. Since 1978 there have been challenges and triumphs. From the pivotal days of Noonkanbah to the present we have been walking the long road to justice. It is this drive to improve the lives of the Kimberley mob and fight for what is rightfully ours that makes the KLC what it is today. Read more on page 13. Aboriginal people are warned that this newsletter may contain images of deceased people Looking back on the KLC DICKY SKINNER ADDRESSES TOM LYON PHOTOS: MICHAEL GALLAGHER 1978 - 40 years ago 1998 - 20 years ago The locked gates of Heritage under threat Noonkanbah The Federal Government has introduced a Bill into Parliament outlining the Unpublished letter to the editor of changes to the Aboriginal and Torres the West Australian Newspaper from Strait Islander Heritage Protection Act. If Yungngora Community, Noonkanbah the changes go through it will mean that Station Aboriginal people will depend on state laws to protect culture and heritage. It The government said we will benefit from will be very hard to get protection from this mining. How can we if our people’s the Federal Government, such as the lives are in danger from our people and protection given in 1994 to a special spirits? The white man does not believe Yawuru place under threat from a our story, or tribal law.
    [Show full text]
  • Gundjehmi Aboriginal Corporation Speech
    Medical Association for Prevention of War www.mapw.org.au Archived Resource: Paper from IPPNW XIIIth World Congress 1998 Gundjehmi Aboriginal Corporation Speech Author: Jacqui Katona Date: 1998 I speak here today on behalf of the Mirrar people, my family and my countryman who oppose the development of Jabiluka. I'd like to acknowledge the Wurundjeri people, traditional owners of this area, for their liberation is linked to our own and although is takes place in other forums we know their experienced is intimately linked with Aboriginal people across Australia. My people come from Kakadu. One of the best known destinations for many international visitors because of the important and visible connection between my people and the land, Kakadu is our home. It is the place which nurtures our families, and provides us with obligations to protect and maintain our heritage, our future, and our past. For us the threat of Jabiluka is an issue of human rights. Kakadu's unique cultural and natural properties are not only recognised by our people but also by the rest of the world in its inscription on the world heritage list. Even the World Heritage committee recognises that human rights are connected with it's own Convention. It has said: that human rights of indigenous peoples must be taken into account in the protection of world heritage properties; that conservation of country must take place with direction from indigenous people, and; that the continuing violation of human rights places properties in danger because of our integral relationship with the land. The continuing dominance of government and industry organisation over the authority of our people erodes our rights on a daily basis.
    [Show full text]
  • Chain-Reaction-#114-April-2012.Pdf
    Issue #114 | April 2012 RRP $5.50 The National Magazine of Friends of the Earth Australia www.foe.org.au ukushima fone year on • Occupy Texas Can we save the • Fighting Ferguson’s nuclear dump Murray-Darling? • A smart grid and seven energy sources • How low can uranium export policy go? 1 Chain Reaction #114 April 2012 Contents Edition #114 − April 2012 Regular items Publisher FoE Australia News 4 FoE Australia Contacts Friends of the Earth, Australia Chain Reaction ABN 81600610421 FoE Australia ABN 18110769501 FoE International News 8 inside back cover www.foe.org.au youtube.com/user/FriendsOfTheEarthAUS Features twitter.com/FoEAustralia facebook.com/pages/Friends-of-the-Earth- MURRAY-DARLING NUCLEAR POWER & FUKUSHIMA Australia/16744315982 AND RIVER RED GUMS Fighting Ferguson’s Dump 20 flickr.com/photos/foeaustralia Can we save the Natalie Wasley Chain Reaction website Murray-Darling Basin? 10 Global Conference for a www.foe.org.au/chain-reaction Jonathan La Nauze Nuclear Power Free World 22 Climate change and the Cat Beaton and Peter Watts Chain Reaction contact details Murray-Darling Plan 13 Fukushima − one year on: PO Box 222,Fitzroy, Victoria, 3065. Jamie Pittock photographs 24 email: [email protected] phone: (03) 9419 8700 River Red Gum vegetation Australia’s role in the survey project 14 Fukushima disaster 26 Chain Reaction team Aaron Eulenstein Jim Green Jim Green, Kim Stewart, Georgia Miller, Rebecca Pearse, Who is to blame for the Richard Smith, Elena McMaster, Tessa Sellar MIC CHECK: Fukushima nuclear disaster? 28 Layout
    [Show full text]
  • Sea Countries of the North-West: Literature Review on Indigenous
    SEA COUNTRIES OF THE NORTH-WEST Literature review on Indigenous connection to and uses of the North West Marine Region Prepared by Dr Dermot Smyth Smyth and Bahrdt Consultants For the National Oceans Office Branch, Marine Division, Australian Government Department of the Environment and Water Resources * July 2007 * The title of the Department was changed to Department of the Environment, Water, Heritage and the Arts in late 2007. SEA COUNTRIES OF THE NORTH-WEST © Commonwealth of Australia 2007. This work is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved. Requests and inquiries concerning reproduction and rights should be addressed to Commonwealth Copyright Administration, Attorney General’s Department, Robert Garran Offices, National Circuit, Barton ACT 2600 or posted at http://www.ag.gov.au/cca Disclaimer The views and opinions expressed in this publication are those of the authors and do not necessarily reflect those of the Australian Government or the Minister for the Environment, Heritage and the Arts or the Minister for Climate Change and Water. While reasonable efforts have been made to ensure that the contents of this publication are factually correct, the Commonwealth does not accept responsibility for the accuracy or completeness of the contents, and shall not be liable for any loss or damage that may be occasioned directly or indirectly through the use of, or reliance on, the contents of this publication.
    [Show full text]
  • Australian Aboriginal Verse 179 Viii Black Words White Page
    Australia’s Fourth World Literature i BLACK WORDS WHITE PAGE ABORIGINAL LITERATURE 1929–1988 Australia’s Fourth World Literature iii BLACK WORDS WHITE PAGE ABORIGINAL LITERATURE 1929–1988 Adam Shoemaker THE AUSTRALIAN NATIONAL UNIVERSITY E PRESS iv Black Words White Page E PRESS Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] Web: http://epress.anu.edu.au Previously published by University of Queensland Press Box 42, St Lucia, Queensland 4067, Australia National Library of Australia Cataloguing-in-Publication entry Black Words White Page Shoemaker, Adam, 1957- . Black words white page: Aboriginal literature 1929–1988. New ed. Bibliography. Includes index. ISBN 0 9751229 5 9 ISBN 0 9751229 6 7 (Online) 1. Australian literature – Aboriginal authors – History and criticism. 2. Australian literature – 20th century – History and criticism. I. Title. A820.989915 All rights reserved. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organization. All electronic versions prepared by UIN, Melbourne Cover design by Brendon McKinley with an illustration by William Sandy, Emu Dreaming at Kanpi, 1989, acrylic on canvas, 122 x 117 cm. The Australian National University Art Collection First edition © 1989 Adam Shoemaker Second edition © 1992 Adam Shoemaker This edition © 2004 Adam Shoemaker Australia’s Fourth World Literature v To Johanna Dykgraaf, for her time and care
    [Show full text]
  • The Mirarr: Yesterday, Today and Tomorrow
    The Mirarr: yesterday, today and tomorrow. A socioeconomic update. Prepared by the GUNDJEIHMI ABORIGINAL CORPORATION August, 2010 Published in Australia in 2010 by the Gundjeihmi Aboriginal Corporation, 5 Gregory Place, Jabiru, Northern Territory. Text: Andrew Masterson Additional contributions: Justin O’Brien, Geoffrey Kyle Editing: Andrew Masterson Design and layout: Tristan Varga-Miller/The Mojo Box Photography: Dominic O’Brien Additional photography: Craig Golding, Graphics: Sahm Keily Printed by Sovereign Press, Ballarat, Victoria All rights reserved. Copyright 2010, Gundjeihmi Aboriginal Corporation. Apart from fully credited brief excerpts used in the process of review or fair dealing, no part of this document may be reproduced in any form without the express written consent of the copyright holder. ISBN 978-0-9808312-0-7 Cover photo: Djabalukga Wetlands, Kakadu National Park 2 The Mirarr: yesterday, today and tomorrow Contents Executive Officer’s Report 8 Board of Directors 11 Acronyms 12 Closing the Gap 13 Our Past, Our Future 15 The Gudjeihmi Aboriginal Corporation, Past and Present 19 Staff Profiles 25 Cultural Development 29 Community Development 41 Healthy Lives 47 Economic Development 51 Land, Water, People 59 Looking to the Future 67 Financial statements 73 The Mirarr: yesterday, today and tomorrow 3 About this report The Mirarr: yesterday, today and tomorrow: a socioeconomic update sets out to summarise the activities of the Gundjeihmi Aboriginal Corporation in its mission to meet the needs and aspirations of its owners and constituents, the Mirarr people. The report traces the history of the Corporation. It describes its current holdings and business model, and outlines the exciting opportunities present in the next period of its operations.
    [Show full text]
  • Margarula V Rose [1999] NTSC 22 PARTIES
    Margarula v Rose [1999] NTSC 22 PARTIES: YVONNE MARGARULA v SCOTT ROSE TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY JURISDICTION: SUPREME COURT OF THE NORTHERN TERRITORY EXERCISING TERRITORY JURISDICTION FILE NO: JA79 of 1998 (9810168) DELIVERED: 12 March 1999 HEARING DATES: 15, 22 and 23 February 1999 JUDGMENT OF: RILEY J REPRESENTATION: Counsel: Appellant: D. Dalrymple Respondent: R. Webb; J. Whitbread Solicitors: Appellant: Dalrymple & Associates Respondent: Office of the Director of Public Prosecutions Judgment category classification: B Judgment ID Number: ril99005 Number of pages: 36 ril99005 IN THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA AT DARWIN Margarula v Rose [1999] NTSC 22 No. JA79 of 1998 IN THE MATTER OF the Justices Act AND IN THE MATTER OF an appeal against conviction and sentence handed down in the Court of Summary Jurisdiction at Darwin BETWEEN: YVONNE MARGARULA Appellant AND: SCOTT ROSE Respondent CORAM: RILEY J REASONS FOR JUDGMENT (Delivered 12 March 1999) [1] On 1 September 1998 the appellant was found guilty of having trespassed unlawfully on enclosed premises, namely a large storage container owned by Energy Resources of Australia (herein ‘ERA’), contrary to s5 of the Trespass Act. She was convicted and ordered to pay a $500 fine and $20 victim levy. She appeals against both conviction and sentence. The grounds of appeal, which were amended at the beginning of the hearing, appear in the document filed on 16 February 1999. 1 [2] At the hearing before the learned Magistrate many facts were agreed and the only witnesses called were Mr Holger Topp, an employee of ERA, and the appellant.
    [Show full text]
  • Chapter 9. Supporting Indigenous Protected Areas in the Kimberley Region
    Chapter 9. Supporting Indigenous Protected Areas in the Kimberley Region Jess Clements Department of Indigenous Affairs, Broome Abstract. The Western Australian Department of Indigenous Affairs has established a position to work in partnership with the Kimberley Land Council to support the planning and management of Indigenous Protected Ares (IPAs) in the Kimberley Region in northwestern Australia. This commitment recognises the multiple benefits of IPAs to Indigenous peoples, and conservation, and is an outcome of the Memorandum of Understanding between the land council, the department and the Aboriginal Lands Trust. The IPA support position, the only one of its kind in Australia, provides an example of how the Commonwealth government, State and Territory governments and Aboriginal organisations can work together in tripartite arrangements to support IPAs, as recommended by an independent review of the IPA Program in 2006 (the Gilligan Review). In this chapter, I summarise the roles of the IPA support position and some of the opportunities and challenges posed by expanding the network of IPAs in the Kimberley Region, including the inclusion of marine areas in Sea Country IPAs. 9.1 Introduction The Western Australian Department of Indigenous Affairs (DIA) established a staff position in 2007 to support the declaration and management of Indigenous Protected Areas (IPAs) 1 in the Kimberley region. This arrangement was made using agreements with the Kimberley Land Council 2 and the Aboriginal Land Trust 3. The position is based within DIA’s Kimberley West Office in Broome, northwest Australia, and works in close partnership with the KLC’s Land and Sea Management Unit (LSMU), which plays a major role in co-ordinating the management of IPAs in the Kimberley region.
    [Show full text]