July/August 2004 No. 4/2004
Contents News from the Native Title The Native Title Newsletter is published Research Unit every second month. The newsletter includes
Staff Movements 2 a summary of native title as reported in the Research Activities 2 press. Although the summary canvasses media What’s New 3 from around Australia, it is not intended to be September/OctoberUpcoming Events 2003 5 No.5/2003 Features an exhaustive review of developments.
Yorta Yorta Co-operative Land 6
Management Agreement The Native Title Newsletter also includes Johnny Jango & ors v Northern Territory of contributions from people involved in Australia & ors 8 Book Review – Honour Among Nations 10 native title research and processes. Views ex- Regular items pressed in the contributions are those of the
Native Title in the News 11 authors and do not necessarily reflect the Applications Lodged with the NNTT 16 views of the Australian Institute of Aboriginal Registration Test Decisions 16 and Torres Strait Islander Studies. Notifications 17 Recent additions to the AIATSIS Library 17 Native Title Research Unit Publications 19
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 http://www.aph.gov.au/Senate/commitee /indigenousaffairsctte/submissions/sublist George Villaflor left the NTRU at the end of .htm June. Siv Parker has taken up her new posi- tion in Executive and is no longer the Native Toni Bauman attended the New Humanities Title Conference Co-ordinator. Craig Greene, conference in Prato, Italy. She presented a previously from the Indigenous Leadership paper, ‘Australian Indigenous ‘Cultures’, Con- Centre, is now Conference Co-ordinator for flict and Categorisation’, as part of a panel the both the 2004 AIATSIS Conference and titled ‘Culture and Conflict’ with Dr Patrick the 2005 Native Title Conference. Dr Lynley Sullivan, Michael Bissell (Minerals Council), Wallis has joined the Indigenous Facilitation Prof. Michael Dodson as discussant and Dr and Mediation Project for two and a half days Mary Edmunds (ANU Centre for Cross Cul- each week. tural Research) as chair. The Indigenous Fa- cilitation and Mediation Project would like to James Weiner has joined the NTRU for three thank Newmont Australia for their sponsor- months as a visiting fellow. James has been a ship of Toni’s participation in this panel, consultant anthropologist in native title since which also explored implications for the min- 1998. He has authored native title connection ing industry. reports on behalf of various applicant groups in Queensland, including the Butchulla and Lisa Strelein and Stuart Bradfield published an Wondunna clan of Fraser Island, and has article in the July/August edition of the Indige- acted as a peer reviewer for connection re- nous Law Bulletin, ‘The Single Noongar Claim: ports for the States of Queensland and Victo- Negotiating native title in the South West’. ria. Serica Mackay prepared a submission on be- half of AIATSIS to the Queensland Legal, Research Activities July-August Constitutional and Administrative Review Committee’s inquiry regarding a preamble for Lisa Strelein, Stuart Bradfield and former the Queensland Constitution. The submis- NTRU staff member Jane Anderson (now a sion addressed the proposed preamble’s refer- Visiting Research Fellow) assisted in compil- ence to Aboriginal and Torres Strait Islander ing the AIATSIS submission to the Senate people. Select Committee on the Administration of Aboriginal Affairs. The submission discussed Stuart Bradfield presented his paper, ‘Agree- how the proposed changes to ATSIC/ATSIS ment making is the way to go, but where are will affect the Institute, anticipating an ex- we going? Coming to grips with native title panded role as a national Indigenous institu- agreement making’ for the AIATSIS Seminar tion and, consequently, a significantly higher Series ‘Profiling AIATSIS Research: Current profile for AIATSIS. The submission also themes of AIATSIS staff, grantees and mem- noted the wider implications of proposed bers’. changes to the administration of Indigenous affairs, suggesting new arrangements to re- Grace Koch attended the International Asso- place ATSIC structures should be taken only ciation of Sound and Audiovisual Archives after full and open consultation with Indige- (IASA) and International Association of Mu- nous peoples. They will have to respect both sic Librarians (IAML) joint conference “Music the diversity of Indigenous communities, as and Multimedia’ held at the University of well as the particular role of traditional own- Oslo, Norway from 8-13 August 2004. The ers. Further information can be found at Conference provides valuable information on
- Native Title Newsletter No.4/2004 2 dissemination and preservation of audiovisual about this project or to suggest material for materials, which are being requested more fre- inclusion in the Guide please contact Lara on quently by native title clients. 02-6261 4244 or lara.wiseman@aiatsis .gov .au. Grace organised a session on multimedia ap- plications for endangered languages, pre- The Indigenous Facilitation and Mediation sented a paper, written with Patrick Project (IFaMP) has commenced work on McConvell on ‘Multimedia and the preserva- establishing an e-mail network for Indigenous tion of endangered languages – recent devel- facilitators and mediation practitioners. The opments’, and served as Secretary for the first issue to be discussed concerns the estab- Research Archives Section of IASA, docu- lishment of a register of Indigenous dispute menting the session and resolutions that were resolution practitioners. IFaMP is currently agreed on. compiling a list of Indigenous practitioners, but questions such as access, criteria for inclu- Lara Wiseman has been liaising with native sion, and maintenance of the list past the life title representative bodies and other stake- of the project (June 2006) need to be consid- holders seeking feedback on a draft version of ered. IFaMP would be pleased to hear from a new NTRU publication, the Native Title Re- any Indigenous facilitators or mediators who source Guide. The Guide is an on-line research wish to be added to this preliminary list. resource that acts as a portal site for accessing information about native title. The Guide in- Individual reports on the three NTRB work- cludes some brief commentary and collates shops held in May 2004 have been provided native title information from a wide range of by IFaMP to participating NTRBs. The final sources including: native title representative summary report, with analysis of the issues bodies, the National Native Title Tribunal, the and future directions, has been drafted. Once Indigenous Land Corporation, government comments have been received from the Pro- departments, the Agreements Treaties and ject Reference Group, the Report will be re- Negotiated Settlements Project, and the Fed- vised and made available on the IFaMP web eral Court, providing one-stop access to na- site in October. tive title web resources. For information
WHAT’S NEW
Issues Papers Conference Papers Issues paper no. 28 is now available. The pa- Native Title Conference papers are now avail- per, Promoting Economic and Social Devel- able on the Conference website (accessible opment Through Native Title was to be through www.aiatsis.gov.au under Native Title presented at the Native Title Conference in Conference 2004). Please note that this is not June 2004 by Bill Jonas, the former Aboriginal a complete list. Papers will be posted as we and Torres Strait Islander Social Justice Com- receive them but speakers need to forward missioner. The paper is available online at them to [email protected] (Ph 02- http://www.aiatsis.gov.au/rsrch/ntru/ntru_is 6246 1171) before this can happen. suespprs.htm. To subscribe free of charge to the Issues Paper series please contact [email protected]. NTRB.net NTRB.net, the website for and about Native
Title Representative Bodies, has had a make- over. The website is designed as a guide for NTRBs to provide information and to assist
- Native Title Newsletter No.4/2004 3 them in the performance of their statutory As part of the digitisation program, the Li- functions. NTRB.net is also designed to pro- brary also has a Rare Book Collection avail- vide information to native title clients and the able online called ‘Portraits’. general public in relation to information and developments of Australian native title issues. Online exhibitions can be accessed through NTRB staff have access to the NTRB only the AIATSIS website at http://www.aiat sections of the website but members of the sis.gov.au/lbry/dig_prgm/online_exhibitions. public still have access to a range of sites, such htm as the Native Title Business Exhibition, an exhibition of contemporary Indigenous art, University of Western Australia Native Title the NTRB map, frequently asked questions Course about NTRBs and a resource directory. Visit www.ntrb.net The University of Western Australia has two new courses that commence in 2005 relevant to native title. New Publications Malcolm Allbrook and Dr Mary Anne Jebb, The Graduate Certificate in Applied Anthro- Implementing and Resourcing of Native Title and pology (Native Title & Cultural Heritage) aims Related Agreements, a report commissioned by to equip graduates with theoretical, analytical the National Native Title Tribunal. Available and practical skills required for practice in the from fields of applied native title and cultural heri- http://www.nntt.gov.au/whatsnew/10910051 tage anthropology. The Graduate Diploma in 12_2192.html Applied Anthropology (Native Title & Cul- tural Heritage) builds on the units in the cer- M Langton, M Tehan, L Palmer and K Shain tificate course, with the aim of producing (eds), Honour Among Nations? Treaties and Agree- graduates with a capacity for independent re- ments with Indigenous People, Melbourne Univer- search and professional practice in the fields sity Press, 2004. of native title and cultural heritage anthropol- See the book review on page 7. ogy.
The current issue of Dialogue, the newsletter Further information about the courses can be of the Academy of the Social Sciences in Aus- obtained by going to http://www.anthropol- tralia, includes several articles on the abolition ogy.arts.uwa.edu.au/home/applied_anthropol of ATSIC. The abolition of ATSIC: silencing ogy Indigenous voices? Available from: http://www.assa.edu.au/publications/Dialog Launch of the Federal Court’s Native Title ue/dial22004.pdf Infobase
The Federal Court of Australia has launched Library Digitisation Project its Native Title Infobase (NTIB). The NTIB The AIATSIS Library currently has eight covers all aspects of Australian native title and online exhibitions as part of its digitisation also includes selected material from New Zea- program. Included are complete copies of land, United States, Canada, Africa, Asia and Dawn and New Dawn magazine, a magazine other countries with Indigenous populations published in NSW from 1952 to1975 by the involved in disputes over access to their tradi- New South Wales Aborigines Welfare Board. tional lands. Dawn and New Dawn provided interesting information and an exchange of news and The NTIB contains selected material dating views, they also contained articles about the back to 1839 of which 60% is in full text. The conditions and activities on reserves, stations, Native Title Infobase can be found at: homes and schools throughout New South http://www.fedcourt.gov.au/catalogues/searc Wales. h.html .
- Native Title Newsletter No.4/2004 4 Australian Indigenous Cultural Network – Sharing Australia’s Stories online access through AIATSIS Sharing Australia’s Stories is a new grants pro- The Australian Indigenous Cultural Network gram administered by the Department of the (AICN) was an organisation aimed at provid- Environment and Heritage that gives indi- ing Indigenous Australians with access to their viduals, schools, local government authorities cultural heritage materials held by public insti- and not-for-profit organisations the opportu- tutions in Australia and overseas. AICN also nity to show how their stories have contrib- helped consolidate and expand community uted to the events and themes that have collections, identify and access cultural infor- shaped our nation. mation held by collecting bodies, and consoli- date and preserve Indigenous peoples’ own Grants between $5000 and $50 000 are avail- collections, expanding them with contempo- able for projects that contribute to the under- rary narratives, especially those of the elderly. standing of one of a number subjects, such as the course or pattern of Australia’s natural or The AICN officially concluded business at the cultural history, the principle characteristics of end of 2003 but the AICN collections over- a class of Australia’s natural or cultural envi- view is available for use by communities and ronments, the aesthetic characteristics values researchers through the AIATSIS website. by a community or cultural group, the social, The sample of materials comes from nineteen cultural or spiritual history or life of a particu- museums and galleries throughout Australia. lar community or cultural group (see website Collections are accessible by institution and for full list). the links to each are followed by bibliogra- phies for Australian museums and art galler- Eligible projects could be about a place (in- ies, each arranged by institution. cluding a site, area, region, track or route, or a series of related places), community, activity, Visit the Australian Indigenous Cultural Net- event, tradition, institution, or a family or a work through www.aiatsis.gov.au person. Eligible projects could tell the story of an aspect of Australia’s natural heritage that has been important in shaping the flora, fauna ANTAR Report Card or landscapes of the continent, or could in- ANTAR, the organisation of Australians for volve activities such as publishing brochures, Native Title and Reconciliation have released books, guides or website or developing a ‘report card’ for the Liberal/National coali- events, displays, interpretative exhibitions or tion, Labour, Democrats and the Greens in signage. anticipation of the federal election. The re- port card lists parties’ responses to standard Applications close 15 October 2004. For questions under topics such as reconciliation, more information visit www.deh.gov.au self-determination, Indigenous disadvantage, /progams or contact the Dept of the Envi- native title, stolen generations, and Indigenous ronment and Heritage on 1800 653 004 (free heritage. Available from: http://www.Ant call). ar.org. au/election04_reportcard.html
UPCOMING EVENTS
AIATSIS Conference 2004 provide for discussion of intercultural ap- The AIATSIS Conference 2004 is being held proaches to research and related matters. at the Australian National University in Can- berra from Monday 22 to Thursday 25 No- At present, proposed sessions include: In- vember 2004. The theme of the conference is digenous tourism in Australia, sharing land Indigenous Studies - Sharing the Cultural and Theo- and the politics of property, Indigenist re- retical Space and its aim is to encourage and search, making space for Indigenous cultural
- Native Title Newsletter No.4/2004 5 expressions of well-being in Aboriginal health The forum is intended for Indigenous re- research and practice, mapping the shared ter- searchers and academics to present their re- rain: Indigenous and non-Indigenous con- search or works in progress, to provide an cepts of landscape, developing a mutual opportunity and a space for Indigenous re- relationship between theory and practice in a searchers to get together, to allow Indigenous framework for dealing with culture and con- post-graduate students to meet and discuss flict, sharing language: making dictionaries for issues relevant to them, and to explore cultur- Indigenous languages. ally appropriate expressions of research out- comes. There are three registration types – full, AIATSIS Members, and full time students or For more information call (02) 4921 6863 or unemployed concession. Costs vary from be- go to: http://www.newcastle.edu.au/centre tween $100-$260 for a three day registration /umulliko/irf2004/ and from between $50-$125 for one day regis- tration. AAS Conference The Australian Anthropological Society An- For more information on the AIATSIS Con- nual Conference is being held at the Univer- ference, or to register, visit the Conference sity of Melbourne from 28 September – 1 website at www.aiatsis.gov.au and click on the October 2004. This year’s theme ‘Moving ‘AIATSIS Conference 2004’ link. Anthropology: Motion, Emotion and Knowl- edge’ includes a session on challenges for an- Indigenous Research Forum thropology in native title practice. The 6th Indigenous Research Forum is hosted by the Umulliko Indigenous Higher Educa- More information is available from: http:// tion Research Centre at the University of www.anthropology.unimelb.edu.au/AAS/ Newcastle. This year’s theme is ‘Centering Indigenous Voices in Research’ and will take place from 29 November - 1 December 2004.
FEATURES
Yorta Yorta Co-operative Land Manage- try and the right to self determination. This ment Agreement was going back as far as 1860 and even before this time the Indigenous peoples wanted their Henry Atkinson land back, to be able to live as they had done Spokesperson for Council of Elders, Yorta for many thousands of years. Yorta Nation Regardless that all members of the Yorta The peoples of the Yorta Yorta Nations Yorta Nations were accepted by Western struggle for a voice was ignored long, long definition as belonging to the Yorta Yorta, the ago, long before any thought of the coming Western Law would not accept the peoples of together of clans to officially form the Yorta the Yorta Yorta adapting to their culture Yorta Nation. whilst still retaining what remained of their own culture after the policies of assimilation The Yorta Yorta peoples had put approxi- and integration had decimated them. So what mately 19 petitions/claims, including ones to was left for my people who were deemed as King George V, the Governor of NSW, Vic- not belonging and our very being ‘washed torian Authorities and ruling bodies, for not away with the tides of history’ by Justice Ol- only land but for compensation, acknowl- ney. Were we to give up? How many years edgement as traditional owners of their coun- must we fight for what is morally and legally
- Native Title Newsletter No.4/2004 6 ours? The Yorta Yorta Nation were not about way to secure a working relationship for the to give up. benefit of all.
So onward we marched and right into the Vic- Crown land and waters are subject to the torian State Government through the De- Yorta Yorta Co-operative Land Management partment of Justice and the Attorney-General. Agreement with areas including Kow Swamp, None of this would have been possible except Barmah State Park and Barmah State Forest, for the assistance of some people who sup- along sections of the Murray and Goulburn ported the Yorta Yorta and could help us in Rivers – a total area of approximately 50,000 opening doors. This was all the Yorta Yorta hectares. needed. This agreement recognises the Yorta Yorta An agreement between us, the government people’s connection to their traditional land and/or other affiliated organisations was al- and waters and values the Yorta Yorta peo- ways a possibility and this was a next avenue ple’s involvement in planning, management to gain rights and acknowledgement to our and protection of the environment. This Co- country, through negotiations. The State operative Land Management Agreement will Government could not, within the law as it enable the Yorta Yorta Nation to provide now stands, agree to the Native Title Act, but training and good employment for our people it could come to an agreement. One must ac- with the input of approx. 1.4 million dollars. knowledge the Bracks Labor Government of Victoria in following through with an agree- The joint body agreement represents a land- ment with the Yorta Yorta Nation outside of mark in the State of Victoria for involving In- litigation. digenous peoples in the management of their traditional country outside of the native title Signing the Agreement process. It also acknowledges the Yorta Yorta Nations cultural connection to country and After 3 ½ years of commitment by unpaid creates a partnership on recognition, mutual Elders and others, came the historic joint respect and shared goals. signing of the Yorta Yorta Co-Operative Land Management Agreement, between the Victo- This agreement will form a body which will rian State Government and the Yorta Yorta include three government representatives Nation. The main objective of the Yorta who, with five Yorta Yorta representatives Yorta peoples was to be recognised in a bind- will listen to the concerns of the Yorta Yorta ing agreement, with this now being achieved Nation through its Council of Elders. Any we can begin to move forward. concerns can then be carried to the govern- ment if need be. On the 10th of June 2004, the Victorian State Government signed the joint body agreement, Out of this the first agreement for the Yorta the Yorta Yorta Co-operative Land Manage- Yorta Nation and the Victorian Government ment Agreement with the Elders of the Yorta will come more agreements with phase 2 al- Yorta Nation. The banks of the Murray River ready on the drawing board. Phase 2 is called at Echuca, Victoria, the traditional land of my The Aspirations Document which will be a people the Wolithiga, (Wolithi-c-a) was the non-land management agreement consisting place chosen for the signing of this historical of funding and resources which will enable event. the Yorta Yorta peoples to have complete say over their assets such as the Dharnya Tourist The agreement signifies a long awaited step Centre, the Yenbena Education Centre and taken by my people with the State of Victoria Yeilema Farm which are now in desperate in reaching a genuine understanding and ac- need of maintenance and care due to lack of knowledgment with the traditional owners of funds. country. Co-operation between the Yorta Yorta and the Victorian Government is the
- Native Title Newsletter No.4/2004 7 The Yorta Yorta aspirations are to have a so- complained, “Indeed it is often difficult to ciety which is economically viable and to pro- discern whether the authors are advancing vide ongoing employment, training and factual propositions, assuming the existence management, thereby enabling self determina- of particular facts, or expressing their own tion and sustainability for future generations. opinions” (at 11). Lindgren J dealt with this Creating our own economic base with em- issue last year in the Wongatha native title ap- ployment and training, at last acknowledged plication (Harrington-Smith v Western Australia and recognised as people in our own right and (No. 7) [2003] FCA 893, where he suggested not being beholden to the welfare system, we that lawyers should be “involved in the writ- will see improvements in health, wellbeing ing of reports by experts” (Harrington-Smith at and self respect, thus enabling some of our 19), an opinion with which Sackville J strongly people to get off the welfare merry-go-round. agreed (Jango at 10). Sackville also cited Com- monwealth v Yarmirr ([2001] 208 CLR 1), where Eventually it is hoped by the Yorta Yorta Na- Gleeson CJ, Gaudron, Gummow and Hayne tion to have an even greater say in traditional JJ said the anthropological report submitted country with legislation to go hand in hand on behalf of that application had been re- with caring for country. ceived in evidence “despite it being a docu- ment which was in part intended as evidence My people are genuinely excited by the pros- of historical and other facts, in part intended pect of entering a new era built on a solid as evidence of expert opinions the authors foundation in which a holistic government held on certain subjects, and in part a docu- approach can be taken to not only land and ment advocating the claimants’ case” (Yarmirr water management but all of the Yorta Yorta at 62 [84]). people’s broader aspirations. This agreement does not take away any political and legal I wish to offer a specifically anthropological, rights of the Yorta Yorta peoples to access and hence a partial, perspective on this case, native title which may occur in the future. although arguably it is anthropology’s role in the native title process that is the main subject of this judgement. I consider two issues. Johnny Jango & ors v Northern Territory of Australia & ors First, the Evidence Act (1995) admits opinion An Anthropologist’s Comment when based on a specialised field of knowl- edge (s. 79). Consider, however, the anthro- James F. Weiner pologist in the field, attempting to observe Visiting Research Fellow, Native Title Re- everything that is happening in the social life search Unit of the community s/he is living in. Anthropo- logical analysis occurs in the back-and-forth In 2003-04, Sackville J considered three re- movement between the apprehension of the ports submitted on behalf of an application whole of social life and its component indi- for native title determination over Yulara viduals, groups, objects and events. How does township in the Northern Territory. The re- either the anthropologist, or subsequently, the spondents to the application, “depending Court, go about separating which observa- upon how one counts… made at least 1,100 tions are specifically anthropological and separate objections to passages” in the two which are not? Although this distinction is anthropology reports (at 7). Sackville J opined probably more sustainable under conditions that “each of the reports, in particular the Yu- of native title research when the anthropolo- lara Anthropology Report, has been prepared gist is neither co-residing for long periods with scant regard for the requirements of the with a community, nor engaging in open- Evidence Act 1995 (Cth)…” (at 8). ended observations and questioning, a great deal of previously-obtained observations and Of the largest and main document, the Yulara analyses of Aboriginal society recently and Anthropology Report, authored by Peter Sut- currently examined in the Courts were ob- ton and Petronella Vaarzon-Morel, Sackville J
- Native Title Newsletter No.4/2004 8 tained within the framework of conventional In the native title process, although it is not anthropological fieldwork. phrased in these terms, there is only one theo- retical position possible. What this means is Second, I wish to relate certain legal glosses that there is no theory at all, for, like culture such as “argumentative” and “probative” to itself, theory only becomes visible when it is the methodologies that anthropologists em- juxtaposed with one or more contrastive and ploy in construing both their data and their alternative theories. Perhaps we would not analysis. After all, both legal and anthropo- recognize the Courts’ theory as such, because logical analyses are verbally and textually con- it is a simple empirical assessment of different structed, and so as instances of “verbal art” kinds of evidence—written and oral—and the they should be readily comparable. adjudication of the varying weight that should be given to such evidence, given the circum- The Court insists that experts such as anthro- stances of its collection. The evidence itself is pologists called to give evidence do so as wit- deployed towards one end only—to deter- nesses for the Court, and not for the mine whether it makes a case for continuing Aboriginal claimants—or their “culture”-- for connection to country by a community of whom they may have been employed to un- Aboriginal people according to a set of tradi- dertake research. The Court insists that only tional laws and customs held to have been evidence that is probative—that which affords extant at the time of sovereignty. proof of a proposition1-- should be admitted into consideration. They eschew conclusions The problem posed by the native title process that are overly speculative and that appear to is not the implicit empiricism of the Courts as diverge too far from what the balance of evi- such. Empiricism has to be a moment of dence might otherwise support. Admittedly, analysis through which we all must pass at the line here is a subjectively constituted one, some point or another. The problem is that on the part of both anthropologists and ju- the native title process refuses to recognise a rists. defining component of anthropology-- the use of ethnographic data in anthropology in sup- The argumentative and the probative are, port of the testing of theories. however, also glosses for the different ways we deploy and interpret data internal to an- Why is having a theory or constructing a the- thropological and ethnographic writing. Our ory important? A theory is not just an aes- ethnography must be probative—it must rest thetic exercise—making a theory visible is the on some firmly established and generally ac- demonstration of the manner in which one’s cepted evidentiary standard. But because our intellectual predispositions and assumptions ethnography, at least in its academic guise, is contour one’s location of and perception of also deployed towards the task of testing or “data”. If the task of theory-making is kept supporting various anthropological theories, out of the adjudication process in, for exam- to that extent it must also be argumentative. ple, the assessment of a case for native title, An integral dimension of what makes argu- then fully half of what the task of anthropol- mentation possible and necessary is the accep- ogy is all about is left out. tance that the same evidence can support different theoretical perspectives. But perhaps Take, for example, the important recent de- it would be more accurate to say that every bate between Peter Sutton, Sandra Pannell theoretical disposition brought to the ethno- and Daniel Vachon concerning the salience of graphic enterprise inclines the anthropologist individualistic and collective definitions of in question to focus on some bodies of evi- Aboriginal connection to country, or consid- dence at the expense of others. erably earlier, the debate between Hiatt and Stanner on the nature of the Aboriginal local group and its territorial configuration. Sack- ville and Lindgren JJ would have us believe 1 OED defines “probative” as: "Having the quality or that they are not only peripheral to what is function of testing; serving or designed for trial or required from anthropologists in support of probation; probationary. Now rare."
- Native Title Newsletter No.4/2004 9 native title applications in court; they posi- Evans, while in Australia, Noel Pearson looks tively obscure and unnecessarily complicate at the failure of native title to fulfil the prom- the process of adjudicating evidence in native ise seen by many following the Mabo case. title hearings. But for anthropologists to prise Aaron Corn and Neparrna Gumbula then these moments of argumentation away from provide fascinating detail on the historical de- our resultant assessments of fact and evidence velopment of one of Australia’s more politi- would be to relinquish the very perspective cally assertive peoples, the Yolngu. that differentiates anthropology from juris- prudence. Part 2 looks at issues of recognition and reso- lution in treaty making in settler states. Long What can either of these two observations time visitor to Australia, and Canadian Royal contribute to promoting the desired synergy Commissioner, Paul Chartrand, describes how between lawyer and anthropologist? Sackville the reality and relevance of treaty relationships J has not indicated that he understands the was central to the findings of the comprehen- nature of anthropological evidence in Jango. It sive Royal Commission on Aboriginal Peo- is necessary for the lawyer to advise the an- ples. Also included are two chapters on the thropologist as to how to make his/her evi- British Columbian treaty process by Ravi de dence address the requirements of the Native Costa and Maureen Tehan, as well as an Title Act (1993) and the Commonwealth Evidence analysis of treaty making in Aotearoa/New Act (1995). But the anthropologist still has to Zealand by the Chief Justice of the Maori construe the evidence for the nature and func- Land Court, Joe Williams. tion of Aboriginal social institutions and to adduce such evidence towards interpretations Part 3 then looks specifically at (and beyond) of the cultural world within which those insti- native title. Graeme Neate points to the pos- tutions acquire meaning and reality. sibilities of agreement making under the Na- tive Title Act, while Lisa Strelein looks beyond the limits of the law, identifying posi- Honour Among Nations? Treaties and tive case studies where Indigenous peoples are Agreements with Indigenous People using the idea of native title to move negotia- tions towards ‘self-government’. Other chap- By Marcia Langton, Maureen Tehan, Lisa ters look in detail at the process of statewide Palmer and Kathryn Shain (eds), Melbourne negotiations in South Australia, as well as University Press, Melbourne, 2004. questions of customary marine tenure, and the Book reviewed by Stuart Bradfield. increasing role of industry in native title agreement making. This book represents a detailed and compre- hensive contribution to a subject of national As Lisa Palmer suggests in the introduction to and indeed international importance – rela- this section, part 4 assesses the emerging cul- tionships between Indigenous and non- ture of agreement making in Australia, in the Indigenous peoples in Australia. In 19 chap- diverse areas of health, race relations, publish- ters, as well as several commentaries, the book ing and mining. Ian Anderson praises the de- addresses a diverse range of issues which arise velopment of health framework agreements, from the interaction between Indigenous Na- while Hannah McGlade and Michelle tions and settler peoples. Grossman suggest that agreements have had fewer successes in areas of racial discrimina- After a detailed introduction from the editors, tion and copyright, respectively. Following Part 1 (of 4 ) gives a historical overview of Ciaran O’Fairchellaigh’s chapter on evaluating agreement making and governance. Marcia the outcomes of native title agreements, the Langton and Lisa Palmer look at treaties and book concludes with a timely contribution on agreement making as mechanisms used to negotiation of the Timor Sea Treaty between recognise Indigenous peoples as ‘polities’, or Australia and East Timor by Gillian Triggs. political communities. International perspec- tives are offered by Bradford Morse and Julie
- Native Title Newsletter No.4/2004 10 With respect to native title, agreements tend adds immeasurably to our knowledge, but in- to be lauded by all sides as the preferred stantly becomes the benchmark volume on mechanism for ordering relationships between agreement making in Australia. Indigenous and non-Indigenous peoples. Yet, [For details and to purchase the e-book, go to Australians still have limited experience of http://www.mup.unimelb.edu.au/ebooks/0- making agreements with Indigenous peoples, 522-85132-0/index.html and no tradition of treaty making to call upon. The Agreements Treaties and Negotiated Set- The editors and their team are to be ap- tlements project database is at http://www plauded for producing a work which not only .atns.net.au ]
NATIVE TITLE IN THE NEWS
National tive title claims on the popular landmark. At National Native Title Tribunal (NNTT) the public meeting which was attended by President Graeme Neate believes the re- about 20 people, Dr Colin Killick, the Na- source sector is becoming increasingly com- tional Parks and Wildlife Service area man- mitted to working with native title processes ager, stated that if the proposal is approved it to build relationships with local Indigenous would only acknowledge the importance of communities. Mr Neate has credited a grow- the reserve for Aborigines. Daily Advertiser, pg ing body of expertise and experience that has 3. 10-Aug-04. better equipt the industry to work through the native title processes. Mining Chronicle, pg 30. N.D-Jul-04. The Byron Shire Council recently approving the re-zoning of a parcel of land near Tallow Beach which will allow the Arakwal people to Mr Robert Faulkner has been appointed as a establish an Aboriginal cultural centre. The part-time member of the National Native centre will co-ordinate Indigenous tourism Title Tribunal. Mr Faulkner has extensive activities including a visitor centre/museum, experience in Indigenous affairs and is cur- training facilities, an outdoor theatre and of- rently the manager of the Indigenous Co- fice spaces for the Arakwal Corporation, ordination Centre based in Tamworth, New NPWS, Marine Parks Authority and Cape South Wales. NNTT Media Release. 22-Jul-04. Byron Trust. The Council had originally ap- proved the cultural centre in 1998, but plans were deferred in 2003 to resolve contamina- New South Wales tion issues as the land had been used as a garbage dump by the Council in the 1970's. The Federal Court has rejected an appeal to The next step for the Arakwal people is to strike out a native title agreement signed by find funding for the project which is esti- Wiradjuri people over the Lake Cowal gold mated at $2 million. Northern Star, pg 5. 11- mine in NSW. Neville Williams, also a Aug-04. Wiradjuri person, claims the wrong Indige- nous group has signed the agreement with Barrick Gold. ABC Online. 12-Jul-04. The Eleven Aboriginal men will face court in Wiradjuri People claim. Narooma, charged with illegally taking aba- lone. If convicted, these men may face jail terms. The men have admitted to taking aba- The Wagga Local Aboriginal Land Council lone but maintain that they were exercising has put forward a proposal to the NSW their traditional rights. The New South Wales Government saying that The Rock Nature Native Title Services (NSWNTS), the repre- Reserve should be designated as an Aborigi- sentative of native title claimants in NSW, nal place. Residents in the area are concerned has recently made a submission to the NSW that this new designation may encourage na- Government, which is currently reviewing its
- Native Title Newsletter No.4/2004 11 Indigenous Fishing Strategy. CEO of NSWNTS, Warren Mundine, supports the Negotiations to settle potential land rights or Indigenous Fishing Strategy but has called for native title claims over Litchfield National the cultural rights of Indigenous people to be Park, Elsey National Park and the Daly River respected. National Indigenous Times, pg 4. 18- Conservation Area have been unsuccessful. Aug-04. Northern Territory Chief Minister Clare Mar- tin has said that these claims will have to be dealt with in the normal way, through the Northern Territory National Native Title Tribunal. Koori Mail, pg 38. 11-Aug-04. The development of land at Larapinta has been delayed. The Northern Territory Gov- ernment has granted an extension of time to Northern Land Council (NLC) chairman, the Lhere Artepe native title group to sign a Galarrwuy Yunupingu, has announced he will developer for the lease. The deadline has resign in October after almost 40 years in- been pushed back to 27 August. Lhere volvement in Indigenous Affairs. His contri- Artepe called for expressions of interest in bution to political debate on matters of mid July. Centralian Advocate, pg 2. 16-Jul-04. social, economic and cultural significance for Aboriginal people is seen as immeasurable. Galarrwuy first joined the Northern Land Aboriginal traditional owners in the Kakadu Council in 1975, became chairman in 1977, region have expressed concern that they were and has continued to hold executive posi- not consulted in relation to the cancellation tions within the NLC since. Northern Territory of the entry fees to the Kakadu National News, pg 11. 16-Aug-04. Park. The Federal Government has an- nounced that no fee will be charged to enter the Park, which is jointly managed by the tra- An Indigenous Land Use Agreement (ILUA) ditional owners. The government has said in central Australia was recently registered that although the Indigenous group received with the National Native Title Tribunal. This $750,000 from the fees, they would not be agreement will release residential land in Al- out of pocket by the drop in entry fee. The ice Springs, and is seen as a significant Northern Land Council, who are represent- agreement. Under the agreement, the Lhere ing the traditional owners, said it should have Artepe Aboriginal Corporation (LAAC) sur- been consulted. Northern Territory News, pg 2. rendered native title to the Northern Terri- 22-Jul-04. tory Government to enable the creation of freehold blocks of land and roads in the Larapinta Valley subdivision. Up to 20 hec- Traditional owners from the Hermannsburg tares of land will be released under the ILUA, area have called for a production audit to en- of which half will form a free development sure they are receiving the correct amount of lease for the native title holders as part of an royalty payments. Two traditional owners economic development enterprise. National have written to the Central Land Council Native Title Tribunal - media release. 12-Aug-04. (CLC) asking for a full and comprehensive DI2004/005: Phase 1 of Larapinta Stage 4. audit, including the total amounts of hydro- carbons produced since the start of the field, total revenue, and total payments to the Queensland Northern Territory Government and the CLC. The traditional owners have said that An ILUA is expected to be granted which the audit must be independent and that they will allow copper and gold to be mined at want to be involved in the selection of the Lady Larrissa, about 21km east of Mount Isa. auditor. Alice Springs, pg 3. 21-Jul-04. Ntaria Joe Rogers, who owns the Lady Larissa min- People. ing lease, has been in negotiations with the Kalkadoon People since 1997. It is believed
- Native Title Newsletter No.4/2004 12 the Lady Larrissa ILUA will be granted be- South Australia fore the end of the year. North West Star (Mt Isa), pg 3. 16-Jul-04. An ILUA in South Australia has been regis- tered with the NNTT. The agreement will allow mineral exploration to take place and Justice Spender has granted a conditional ex- will ensure the protection of Indigenous heri- tension in a native title claim in the Yarrabah tage. The native title claimants, the Antakir- region but has warned that the delays were inja Land Management Aboriginal jeopardising the entire claim. The communal Corporation, the SA Chamber of Mines and native title claim involves four applicants Energy, the Aboriginal Legal Rights Move- from groups in the Yarrabah region, includ- ment (ALRM) and the South Australian ing the Mandingalbay, Yidinji and Gung- Government all signed the ILUA. The gandji groups. Ricko Noble, one of the four agreement covers a 41,156 sq km area near applicants has refused to agree to the terms Coober Pedy. Gold and Minerals Gazette - Aus- of the communal claim. If agreement is not tralian Mining Times, pg 75. N.D-Jul-04. reached while Ricko Noble remains one of SI2003/007: Antakirinja Area Mining Explo- the applicants, the claim would be struck out ration ILUA. and the whole process started from scratch. Cairns Post, pg 9. 22-Jul-04. Combined Mandingalbay Yidinji - Gungandji claim. Victoria
Victorian Attorney-General Rob Hulls re- cently met with Aboriginal leaders in Victo- Kalpowar Station's traditional owners have ria's north-west in an attempt to resolve a expressed concerns that continuing uncer- native title claim over 13,500 sq kms between tainty over land tenure is resulting in cultur- Bendigo, Mildura and the South Australian ally significant sites on their land being border. The six Indigenous groups involved damaged or destroyed. Station Manager Mi- are attempting to settle their claims through a chael Ross, a spokesperson for the traditional regional agreement rather than through the owners, has repeatedly requested stricter con- court system. The Attorney-General has trols on tourists who visit the popular Cape stated that it is preferable to pursue native York holiday destination. Cook Shire Mayor title matters outside of the courts and said Bob Sullivan has stated that the area needs to the government was keen to try and facilitate be managed and looked after better, how- regional agreement in line with the native title ever, until native title deliberations are com- claimants aspirations. A possible agreement plete, the shire is limited in their actions. would cover land use and management is- Cooktown Local News, pg 3. 18-Aug-04. sues, including hunting, fishing and gathering rights and cultural heritage rights. Koori Mail, pg 18. 11-Aug-04. Dja Dja Wurrung group, The Environmental Protection Authority has Yupagalk group, Wadi Wamba Barapa group, told the Burdekin Shire Council they have 28 Robinvale native title group, Latji Latji group, days to inform them of their plans to ensure and the Wergaia group. the Groper Creek Caravan Park's sewerage system is up to standard. Cr McLaughlin re- cently told the Home Hill Chamber of Western Australia Commerce that the Council was working to resolve the issue. Former mayor John Woods The Kimberley Land Council (KLC) recently said one of the biggest hold-ups was deter- signed an agreement with Environs Kimber- mining native title over the area. Home Hill ley and the Australian Conservation Founda- Observer, pg 3. 26-Aug-04. tion (ACF). The agreement calls for the scrapping of plans for broad scale irrigated cotton growing in the region and states that the region should control its own water re-
- Native Title Newsletter No.4/2004 13 sources to ensure sustainable environmental, cultural and social benefits. KLC chairman Jacobs Sverdrup Australia and the South Tom Birch welcomed the alliance and said West Aboriginal land and Sea Council many similar values were shared with both (SWALSC) have won a Prime Minister's Environs Kimberley and the ACF. Kimberley Awards for Excellence in Community Busi- Echo, pg 9. 01-Jul-04. ness Partnership. The WA Medium Business Award recognises the successful develop- ment of an economic development strategy A native title agreement has been signed by and set of 'nation building' plans for the the Ngoonooru Wadjari People, the Noongar people of South West Australia. Yugunga-Nya People and St Barbara Mines The partnership was developed in consulta- Ltd. Ron Shay of the Yugunga-Nya People tion with the Office of Aboriginal Economic has said the agreement shows what co- Development and representatives of the operation can achieve. Under the agreement, Noongar people. Community Business Partner- the traditional owners have consented to the ship online. 23-Jul-04. use of the land for present as well as future mining exploration and development. The two Indigenous groups will also benefit from Goldfields Land and Sea Council director health programmes, educational and em- Brian Wyatt, has stated Australia needs a new ployment opportunities and economic devel- approach to land justice. Mr Wyatt has re- opments. Yamatji News (Geraldton), pg 5. 14- turned from a six week Churchill Fellowship Jul-04. study tour of Africa and North America. He said that countries such as Canada and South Africa have simpler, less litigious systems in The transfer of land back to traditional own- place to achieve land justice. Brian Wyatt ers in North Western Australia will be identifies the involvement of the Federal streamlined after an agreement between the Court as one of the reasons why the Austra- Kimberley Land Council and the Western lian system is costly and time consuming. Kal- Australian Government. Indigenous Affairs goorlie Miner, pg 5. 02-Aug-04. Minister John Kobelke has said there is a large amount of land in the Kimberley region that is waiting to be returned to the Aborigi- An in-principle agreement has been signed nal people. John Kobelke also said the between the Kimberley Land Council, Argyle memorandum of understanding between the Diamond Mines (ADM) and the traditional land council and the State Government will owners of the area. The agreement comes streamline the often lengthy delays Indige- after the traditional owners were approached nous groups face in relation to receiving back by ADM during 2001 to renew their relation- their land from the government. ABC Online. ship and to work towards a formal land use 15-Jul-04. agreement. The participation agreement pro- vides consent for the mine's current and fu- ture operations, the protection of Aboriginal Shire councils in the south-west region of sites, the availability of cross-cultural training Western Australia have been asked to partici- and opportunities for land management and pate in the Central Wheatbelt ILUA. The business development. Broome advertiser, pg 3. agreement aims to resolve issues of native 05-Aug-04. title and Aboriginal heritage through a proc- ess of negotiation and agreement. Signing would provide local councils with a proce- Kalgoorlie MLA Matt Birney has been dure to ensure compliance with the Act and blocked by Native Title Minister and Deputy set time frames for the assessment of claims Premier, Eric Ripper, from viewing all gov- by the South West Aboriginal Land and Sea ernment correspondence in relation to the Council. Narrogin Observer, pg 3. 21-Jul-04. long-running Wongatha claim. Mr Birney has stated he may appeal to senior freedom
- Native Title Newsletter No.4/2004 14 of information officials. Kalgoorlie Miner, pg 8. 14-Aug-04. A1 Mining has recently made a landmark deal with the Wongatha Indigenous claim group. The deal clears the way for the granting of a Corrie Bodney, whose native title claim over mining lease, which will assist the company's 10,000sq km of Western Australia, was dis- Brightstar project in Western Australia. The missed on a technicality by the Federal Court agreement will provide for the Wongatha last year has won his appeal. The Full Fed- people to consent to the granting of all cur- eral Court has upheld Mr Bodney's appeal, rent and future tenement applications by A1 ruling that the Mr Bodney should have been or any of its joint ventures, create employ- given the opportunity to amend his applica- ment and training opportunities and protect tion to conform with native title law. The Aboriginal sites. Gold and Minerals Gazette, pg claim area is about 10,000sq km of land 16. N.D Aug 04. stretching north to south from Guilderton to Warnbro and west to east from Rottnest to Northam. West Australian, pg 42. 25-Aug-04. Construction of a $630 million liquid ammo- nia plant on the Burrup Peninsula near Kar- ratha in Western Australia remains on track The Wanjina/Wunggurr Wilinggin and for the third quarter of next year. Construc- Ngarinyin claims in Western Australia were tion of the site began in April 2003, and finalised at a Federal Court hearing at Mt when fully operational will be one of the Barnett recently. The hearing will end nine world's largest ammonia production facilities. years of dispute over the land. A draft deci- During the production phase, it is estimated sion was handed down in December and no that approximately 600 jobs will be created major changes are expected. The Aboriginal on site with many others created throughout claimants will receive non-exclusive rights Western Australia. The speed at which the over most of the claim area, and exclusive project advanced was fast, given the ex- possession over some unallocated crown land tremely detailed and complex negotiations and leases or reserves already held for the associated with native title and heritage is- benefit of Aboriginal people. The first com- sues, environmental and other statutory obli- bined claim was originally lodged with the gations. Gold and Minerals Gazette, pg 70. N.D- NNTT in 1995, with the second claim filed Aug-04. in the Federal Court in 1999. West Australian, pg 16. 27-Aug-04. Wanjina-Wunggurr Wiling- gin Native Title Determination No 1. Iva Hayward-Jackson, a land and cultural worker for the Nyungah Circle of Elders has stated that the Subiaco Council has an excel- lent relationship with the Subiaco traditional The WA Government has received industry owners. The Aboriginal flag is flown in front support for an amended package of changes of council office, Aboriginal history and art- to the current Mining Act. The revised Bill work are featured prominently in the Subiaco will help clear the native title claim backlog. Museum, and historical works have been de- Currently there are more than 12,000 explo- veloped in consultation with the Nyungah ration and mining title applications pending, Circle of Elders. Hayward-Jackson points to and around 5,200 applications for mining these examples to show how local govern- leases. Under the proposed changes, explor- ment has gone direct to the people, rather ers not immediately seeking to start mining than being filtered through state government operations could convert mining lease appli- or federally funded reconciliation groups. cations (MLAs) into extended exploration Subiaco Post, pg 15. 28-Aug-04. licenses. West Australian, pg 43. 27-Aug-04.
- Native Title Newsletter No.4/2004 15 APPLICATIONS LODGED
The National Native Title Tribunal posts summaries of applications that are lodged with them, on their website,
Claimant Applications Date Filed Application Name State/ Tribunal Federal Court Territory File No. File No. 01/07/04 Budjiti People QLD QC04/7 Q112/04 09/08/04 Wakaman People #2 QLD QC04/9 Q158/04
Non-Claimant Applications Date Filed Application Name State/ Tribunal Federal Court Territory File No. File No. 08/07/04 Anthony Bernard NSW NN04/5 N1073/04 Kelly MLC Minister for Lands for the State of New South Wales as the State Minister under the Native Title Act 1993 (Cth). 06/08/04 Cabonne Council #2 NSW NN04/6 N1204/04
23/08/04 Darkinjung Local NSW NN04/7 N1249/04 Aboriginal Land Council
REGISTRATION TEST DECISIONS The National Native Title Tribunal posts summaries of registration test decisions at
Decision Application Name State/ Tribunal Federal Court Decision Date Territory File No. File No. 05/07/04 Wangan & Jagalingou QLD QC04/6 Q85/04 Accepted Peoples 09/07/04 Miriuwung WA WC04/4 W124/04 Accepted Gagerrong # 4 09/07/04 Adnyamathanha # 2 SA SC95/1 SG6002/98 Accepted 26/07/04 Gangalidda and Ga- QLD QC04/5-1 Q84/04 Accepted rawa Peoples 28/07/04 Gumbaynggirr NSW NC98/15 NG6104/98 Accepted People
- Native Title Newsletter No.4/2004 16 10/08/04 Bardi and Jawi People WA WC04/1 W6001/04 Not accepted – Brue Reef 11/08/04 Molly Hill NT DC03/5 D6005/03 Accepted 13/08/04 Ngurrara WA WC96/32- WG6077/98 Accepted 2
APPLICATIONS CURRENTLY IN NOTIFICATION
Closing Date Application Number Application Name 01/09/04 WC04/3 The Ngaanyatjarra Lands Native Title Claim 29/09/04 NN04/1 Hastings Council 29/09/04 QC03/16 Warraberalgal, Porumalgal and Iama Peoples 29/09/04 QC02/9 Mapoon People 29/09/04 QC02/8 Angkamuthi People 29/09/04 QC02/10 Weipa Peninsula People 29/09/04 QC02/11 Thanakwithi People #2 13/10/04 NN04/2 Anthony Bernard Kelly, MLC, Minister assist- ing the Minister for Natural Resources (Lands) for the State of New South Wales as the State Minister under the NTAct 1993 (Cth) 13/10/04 DC04/1 Town of Newcastle Waters 27/10/04 NN04/3 Anthony Bernard Kelly, MLC, Minister assist- ing the Minister for Natural Resources (Lands) for the State of New South Wales as the State Minister under the NTAct 1993 (Cth) For further information regarding notification of any of the applications listed contact the Na- tional Native Title Tribunal on 1800 640 501 or
RECENT ADDITIONS TO THE AIATSIS COLLECTION CATALOGUES
The following selected items relating to native title have just become available on Mura, the AIATSIS on-line catalogue.
Audiovisual Materials: HERCUS_L10 Discussions and oral history from Peake and Recorded sound collections: Denison Ranges, SA. 1967-1968. DOUGLAS_W01 Photographic collections: The recorded tape collection of Wilfred O'SULLIVAN.J3.BW Douglas, recorded in 1965 from Perth to Kal- Stone arrangement at Santa Teresa Mission. goorlie, contains early Nyungar language elici- 1981. tation, songs and stories. Movements of Library Materials: Indigenous families within south-west West- ern Australia are also described. Please be advised that the Dawn and New Dawn Magazines, which record Aboriginal life
- Native Title Newsletter No.4/2004 17 in New South Wales from 1952 to 1975, are Native Title – Self-determination now available electronically on Mura at the Finlayson, Julie following web address: Success in Aboriginal communities, a pilot study : a http://www.aiatsis.gov.au/lbry/dig_prgm/da report prepared for the Australian Collaboration by wn/dawn_hm.htm the Australian Institute of Aboriginal and Torres Strait Islander Studies. Canberra : AIATSIS, Native Title – Recent news items: 2004. Agreement signed over Tallering Peak. Posi- tive agreement reached on Mount Gibson Land rights – Case studies and commen- Iron Ore Mine between Yamatji Land and Sea tary Council, Wajarri Elders Council and Mount Strelein, Lisa and Stuart Bradfield Gibson Mining; Geraldton Port enhancement; The single Noongar claim: negotiating native land and heritage protection; Wajarri em- title in the South West. In ployment opportunities. In Yamaji News, (16 Indigenous Law Bulletin. Vol. 6, no. 2 (May June 2004), p.4. 2004), p.11-13.
Native Title – Archaeology Ritter, David Hiscock, Peter (Peter Dixon) The judgement of the world: the Yorta Yorta Slippery and Billy: intention, selection and case and the tide of history. In Australian His- equifinality in lithic artefacts. In Cambridge Ar- torical Studies Vol. 34, no. 123 (Apr 2004), p. chaeological Journal Vol.14, no.1 (April 2004), 106-121. p.71-77. Behrendt, Jason Jonas, William.. Indigenous priorities and the Casenotes: Lardil Peoples v State of Queen- protection of rock imagery. In Ward, Graeme sland [2004] FCA 298. In Indigenous Law Bulle- and Lucina Ward, eds. Management of Rock Art tin. Vol. 6, no. 2 (May 2004), p.14-17 Imagery. Melbourne : Australian Rock Art Re- search Association, Occasional AURA Publi- Weiner, James F. cation No.9, 1995, p.1-3. Australian Anthropology and Hindmarsh Is- land Bridge. In Anthropology Today Vol.20, no.3 Sefton, Caryll (June 2004), p.24 Sandstone overhangs and subsidence: moni- toring rock art for effects of mining activities. Indexes, directories and guides In Thorn, Andrew and Jacques Brunet, eds. Australian Film Institute Preservation of Rock Art. Melbourne : Australian More than legends : a unique collection of films and Rock Art videos about Indigenous Australia from the Austra- Research Association, Occasional AURA lian Film Institute collection.[South Melbourne, Publication No.9, 1996, p.55-59. Vic. : Australian Film Institute, 1996]
Villiers, Linda E. Dawn : a magazine for the Aboriginal people of Heritage issues in WA: making sites perma- N.S.W. [electronic resource] nent with DIA. In Australian Association of Con- Produced by AIATSIS Library Digitisation sulting Archaeologists Newsletter no.91 Program. 57 CD-ROMs. (Dec.2002), p.9-12. Respect, acknowledge, listen : practical protocols for Native Title - Mediation working with the Indigenous communities of Western Bauman, Toni and Rhian Williams. Sydney. The business of process : research issues in managing Liverpool, N.S.W. : Community Cultural De- indigenous decision making and disputes in land velopment N.S.W., 2003 (Research discussion paper / Australian Insti- Queensland. Dept. of Natural Resources and tute of Aboriginal and Torres Strait Islander Mines Studies, ISSN1323-9422 ; no. 13) 2004.
- Native Title Newsletter No.4/2004 18 Guide to compiling a connection report for native title Paddy Cahill of Oenpelli. Canberra : Aboriginal claims in Queensland. [Brisbane] : Native Title Studies Press, 2004. and Indigenous Land Services, 2003. Sassoon, Joanna The politics of pictures: a cultural history of Indigenous rights: Overseas the Western Australian Government print Secretariat of the Convention on Biological photographic collection. In Australian Histori- Diversity : Montreal, Quebec. [200-] cal Studies Vol. 34, no.123 (Apr 2004), p.16-36. Traditional knowledge and the Convention on Biologi- cal Diversity National Native Title Tribunal National Native Title Tribunal (Australia). Re- History – exploration and accounts search Unit Mulvaney, D. J. (Derek John). National Native Title Tribunal research report Dieri, South Australia 2004.
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
Volume 2
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 No. 25 Native Title and Agreement Making in the Mining Industry: Focusing on Outcomes for Indigenous Peoples Professor Ciaran O’Faircheallaigh No. 24 Beyond Yorta Yorta John Basten QC No. 23 ‘Indigenous Pueblo Culture and Tradition in the Justice System: Maintaining Indigenous Language, Thought and Law in Judicial review’ Christine Zuni Cruz No. 22 'Abandonment' or Maintenance of Country? A Critical Examination of Mobility Patters and Im- plications for Native Title Dr. Peter Veth
- Native Title Newsletter No.4/2004 19 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.
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 Office of Indigenous Policy Coordination - Land Rights Services Branch. For previous editions of this Newsletter, click on the native title research unit link at:
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]
- Native Title Newsletter No.4/2004 20