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September/October 2003 No.5/2003 September/October 2004 No. 5/2004 Contents The Native Title Newsletter is published News from the Native Title every second month. The newsletter includes Research Unit 2 What’s New 3 a summary of native title as reported in the Upcoming Events 5 press. Although the summary canvasses media September/OctoberFeatures 2003 from around Australia, it is not No.5/2003intended to be From the Fringes to Economic an exhaustive review of developments. Advancement 6 The Kimberley Land Council Native The Native Title Newsletter also includes Title Update 8 contributions from people involved in Regular items Native Title in the News 11 native title research and processes. Views ex- Applications Lodged with the NNTT 17 pressed in the contributions are those of the Registration Test Decisions 17 authors and do not necessarily reflect the Notifications 18 views of the Australian Institute of Aboriginal Recent additions to the AIATSIS Library 18 and Torres Strait Islander Studies. Native Title Research Unit Publications 21 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 WorldwidePromoting knowledge and understanding of Australian Indigenous cultures, past and present NEWS FROM THE NATIVE TITLE RESEARCH UNIT Staff Movements Trigger participated in a roundtable debate on the topic, ‘Is Historical Residence the Funda- Lisa Strelein will be in Canada from mid- mental Basis of Rights in Place?’. David Trig- October to late November on a Visiting Fel- ger also convened a session on the topic lowship with the University of Victoria, British ‘Challenges for anthropology in native title Columbia. The University of Victoria is well practice’ during which David Martin presented regarded for its Indigenous governance pro- the findings of his report for the National Na- gram. tive Title Tribunal, ‘Capacity of anthropolo- gists in native title practice’. Discussants for Lara Wiseman has been appointed the Project this session were: Ari Schipf and Sarah Bell Officer within the Unit. She will be continuing (Ngaanyatjara Council), David Mearns (North- her work on the Native Title Resource Guide, ern Land Council) and John Morton (Latrobe with additional projects. Katherine Szabo has University). For further program details refer commenced work with the IFaMP as a part- to the Conference website time research assistant. http://www.anthropology.unimelb.edu.au/AA S/index.html Research Activities Sept-Oct Grace Koch was invited to participate in a A one day conference on Indigenous Health working group on ethics in media archives fol- and the Treaty Debate: Rights, Governance lowing from the IASA Conference. Grace also and Responsibility was held at the University presented a talk on the work of the NTRU to of New South Wales on 11 September 2004 as the Australian Society of Archivists during part of the ARC Treaty Project. AIATSIS their visit to AIATSIS on 16 September. contributed to the organisation of the confer- ence, along with the Gilbert and Tobin Centre Lara Wiseman is co-convening a session at the of Public Law, the Jumbunna Indigenous AIATSIS Conference 2004 with Peter Veth House of Learning, HREOC, ANTAR and and Dave Johnston on National and World Reconciliation Australia. Heritage Nominations and the impact of Na- tive Title and Agreement Making. Lisa Strelein presented a paper as part of the ANU Law Faculty series, her paper was on Stuart Bradfield is co-convening a session at Native Title and Indigenous Politics: Authori- the AIATSIS Conference 2004 with Colin Tatz sation and the Construction of ‘Indigenous on Sharing Land and the Politics of Property. Societies’ in the Native Title Process. Lara Wiseman participated with Lynley Wallis Stuart Bradfield met with members of and Dave Johnston in the preparation of The SWALSC to discuss work assisting in progress- 'cultural heritage industry' and Indigenous communi- ing settlement of the Single Noongar native ties: A working paper. The paper was presented title claim. as part of the Semester 2 Seminar Series ‘Pro- filing AIATSIS Research: Current themes of Lara Wiseman attended the Australian An- AIATSIS staff, grantees and members’. thropological Society (AAS) Annual Confer- ence which was held at the University of The Indigenous Facilitation and Mediation Melbourne from 28 September to 1 October Project’s (IFaMP) Reference Group met on 2004. The Conference theme was ‘Moving An- the 6 September 2004 at AIATSIS in Canberra. thropology: Motion, Emotion and Knowl- The Group discussed the IFaMP’s research edge’. On the opening day of the Conference agenda for the next 12 months. IFaMP is call- Ghassan Hage, Marcia Langton and David ing for expressions of interest in commis- - Native Title Newsletter No.5/2004 2 sioned research on identified themes, and for tion and facilitation. These modules were iden- papers for the IFAMP Seminar Series to be tified thought the recent NTRB workshops. held in the first semester 2005. For more in- formation see the ‘Opportunities’ section of IFaMP is concerned to support a culture of this Newsletter. evaluation in the native title context. Indige- nous people have often had training ‘thrown’ IFaMP held a workshop at AIATSIS on 18 at them without appropriate evaluation of its October 2004, involving a range of evaluation use in the workplace or of its flow-on effect to specialists, to identify best practice approaches ‘end-users’ such as native title applicants. in evaluating pilot training for NTRB staff in a range of training modules in native title media- WHATS NEW Publications November 2004. The Issues Paper, and more information on the review, is available from Issues Paper No. 29 is now available. Katie www.nrm.qld.gov.au/nativetitle/land/ilar.html Glaskin’s paper, ‘An Anthropological Perspective on Writing for the Courts’ was Ausanthropos has released its report on the originally presented at the Native Title Pilot Mentoring Program for Junior Conference 2004. It is available through the Anthroplogists. The report, written for the NTRU website www.aiatsis.gov.au/rsrch /ntru NNTT, is available from www.anthropos. /ntru_issuespprs.htm com.au/Publications.htm. Transcripts from the Semester 1 2004 Seminar ‘Our Tracks’ are online stories available Series Regionalism, Indigenous Governance and Deci- through Aboriginal Studies Press, the sion Making are available on the AIATSIS web- publishing arm of AIATSIS. The short stories site www.aiatsis.gov.au/rsrch/smnrs/smnr_ are excerpts from full length works and each regionalism.htm of the writers are from different ages and backgrounds. The stories, powerful and AIATSIS Research Discussion Paper No 15 by moving, and are a good read. Visit ‘Our Chris Cunneen and Julia Grix, ‘The Limita- Tracks’ through www.aiatsis.gov.au/asp/ tions of Litigation in Stolen Generation Cases’ onlinestories/content.htm is available through the AIATSIS website www.aiatsis.gov.au/rsrch/rsrch_dp/DP15.pdf Determinations of Native Title The National Native Title Tribunal has pub- Wik Peoples v State of Queensland [2004] lished a guide to help applicants complete the FCA 1306 (13 October 2004). More informa- application form for a determination of native tion is available from title. Preparing your Application for the Registration http://www.austlii.edu.au/au/cases/cth/feder Test is available from www.nntt.gov.au/ al_ct/2004/1306.html whatsnew/publications.html Nangkiriny v State of Western Australia [2004] The Aboriginal Land Act 1991 (Qld) and the FCA 1156 (8 September 2004) More Torres Strait Islander Act 1991 (Qld) are being information is available from reviewed to make them consistent with State http://www.austlii.edu.au/au/cases/cth/feder Indigenous policies and the Native Title Act al_ct/2004/1156.html 1993 (Cth). As part of this review, an Issues Paper has been released for discussion and submissions are invited concerning the Land Acts. Submissions should be in by 30 - Native Title Newsletter No.5/2004 3 Neowarra v State of Western Australia [2004] ACT. The Indigenous Facilitation and Media- FCA 1092 (27 August 2004) More information tion Project (IFaMP) in the Native Title Re- is available from search Unit plans to convene the AIATSIS http://www.austlii.edu.au/au/cases/cth/feder seminar series during Semester 1 of 2005, al_ct/2004/1092.html commencing 28 February. Opportunities Expressions of interest in giving papers ad- dressing a wide range of issues relating to In- Native Title Experts digenous decision-making and conflict- management are sought. Papers may explore The Department of Justice, Victoria, is theoretical, ethnographic and linguistic con- compiling a ‘List of Experts’ in the field of cerns as well as ‘best practice’ issues in the na- native title to be involved in upcoming tive title arena and policy development. It is research projects. Projects are aimed at proposed that select papers will form the con- improving the understanding of connection tent of an edited volume for publication. In- issues in a native title context. Research digenous researchers in particular are projects fall broadly into four groups – encouraged to contribute. compilation of archival material and relevant publications, interpretation of archival material A draft program will be made available on the and relevant publications, oral history research IFaMP website in early 2005 with claimant groups, and, assessment of (www.aiatsis.gov.au/ifamp). connection material submitted by claimant groups. For further information about this Seminar Series please contact Toni Bauman at For further information, contact Dr Elizabeth [email protected] or phone (02) 6246 1195.
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