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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.
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