July/August 2003 No.4/2003

The Native Title Newsletter is published Contents every second month. The newsletter includes a summary of native title as reported in the News from the Native Title press. Although the summary canvasses media Research Unit from around Australia, it is not intended to be Indigenous Rights Discussion Paper 2 an exhaustive review of developments.

Indigenous Researchers Forum 2 The Native Title Newsletter also includes Takin’ it out and Takin’ it through 3 contributions from people involved in native title research and processes. Views ex- Feature pressed in the contributions are those of the David Ross - ‘Future Directions’ 4 authors and do not necessarily reflect the views of the Australian Institute of Aboriginal Regular items and Torres Strait Islander Studies. Native title in the news 5 Applications lodged with NNTT 11 Stop Press Registration test decisions 11 The 2003 Indigenous Researchers Forum is being held from the 1-3 October at ‘Univer- Notifications 13 sity House’ at the Australian National Uni- Treaty, lets get it right: New Publication versity in . To register, or for more Recent additions to AIATSIS Library 15 information go to the AIATSIS website at: http://www.aiatsis.gov.au/ rsrch/ confer- Native title research unit publications 17 ences/irf2003/index.htm

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

PromotingWorldwide knowledgeknowledge and understanding of Australian IndigenIndigenousous cultures,cultures, past and present NEWS FROM THE NATIVE TITLE RESEARCH UNIT

Indigenous Rights Discussion Paper for Nations in decision-making and management, the Living Murray Initiative specific measures may be introduced to rec- ognise substantive rights or specific interests Discussion Paper prepared by that arise from Indigenous ownership and Monica Morgan, Murray Darling Basin Com- custodial responsibilities, including: mission · Access to land and waterways Dr Lisa Strelein, Australian Institute of Abo- · Use and enjoyment of the natural re- riginal and Torres Strait Islander Studies sources Jessica Weir, Centre for Resource and Envi- · Hunting, fishing and foraging ronmental Studies, ANU Specific outcomes discussed in the paper The Murray Darling Basin Ministerial Council include rights to cultural flows, water alloca- requested that the Murray Darling Basin tion rights, and co-management possibilities. Commission give further consideration to the Only where it is impossible to protect or issues raised by the Indigenous Nations of the return lands and waters should compensation Murray Darling Basin, including the issue of be considered, and then it should be consid- Indigenous interests in water. The Council ered in the form of land and waters before indicated that it intends to review the implica- monetary compensation. tions of these issues at their meeting sched- uled for November 2003. The Indigenous Nations of the Murray Dar- ling Rivers share the vision of the Murray In August this year AIATSIS agreed to assist Darling Basin Commission for a healthy, the Commission and the Murray Darling living river system with natural flows and Rivers Indigenous Nations (MDRIN) to de- cycles, sustaining communities and preserving velop a discussion paper to support the final unique values. In the current context, the report from the Indigenous consultations. A difficult task of determining how best to man- small forum was held at AIATSIS, drawing on age the scarce water resources of the Murray expertise from around Australia to establish a River cannot side-step the inherent rights of framework for the paper. The discussion to these water re- paper draws on the outcomes of the Indige- sources and the surrounding ecosystem. nous peoples’ consultations with the Murray Darling Basin Commission. The paper seeks Recognition of Indigenous peoples rights in to place the views and aspirations expressed in relation to the natural and cultural heritage those documents within a broader Indigenous and economies of the River will enable the rights context. Murray Darling Basin Commission, the Minis- terial Council and the governments involved More than consultation, Indigenous peoples to support the Indigenous Nations and com- have called for substantive involvement in munities’ desire to foster a partnership model policy and decision-making, as well as direct for cultural and natural resource management involvement in environmental management. that can provide a leading example for the In international law, a measure of whether whole of Australia. Indigenous peoples enjoy equal rights in re- spect of effective participation in public life is The Native Title Research Unit hopes to to ensure that ‘no decisions directly relating to develop the paper for publication and perhaps their rights and interests are taken without hold a follow up workshop later this year. their informed consent’. Informed consent requires more than mere consultation. Indigenous Researchers Forum Apart from the procedural mechanisms to The Australian Institute of Aboriginal & Tor- ensure meaningful involvement of Indigenous res Strait Islander Studies (AIATSIS) has been

Native Title Newsletter No.4/2003 2 invited by the Indigenous Researchers' Forum ing processes rather than an over emphasis on Organising Committee to host the IRF 2003. disputation and conflict management. Just and AIATSIS will do this in partnership with the sustainable land related outcomes for Indige- Australian National University (ANU) and the nous communities depend, in the first in- University of Canberra (UC). stance, upon the skilled facilitation of inclusive and representative decision-making Background to the IRF processes which are transparent and fair and upon which Indigenous people can confi- The IRF is an initiative of the six Indigenous dently rely. Such processes are an inherent Centres of Excellence located at various component of best practice Indigenous dis- Australian universities. The inaugural IRF was pute management systems. hosted by the University of Newcastle in 1999. The forum was hosted by the University One suggestion is ‘Talkin’ it out and talkin’ it of South Australia in 2000, the University of through’. All ideas and comments are wel- Melbourne in 2001, and in 2002 it was hosted come. by a consortium of Indigenous units from Curtin University of Technology, Edith Project Reference Group Cowan University and the University of West- ern Australia. The IRF has national signifi- The Project Reference Group met for the first cance and explores and advocates Indigenous time on 27th August 2003 at AIATSIS in Can- agendas and issues in research, in addition to berra. There was discussion around a draft providing opportunities and encouragement issues paper prepared by Toni Bauman and to emerging Indigenous researchers. Rhian Williams which will shortly be revised and published in the NTRU Issues paper When & Where series. The IRF 2003 will be held from 1-3 October at University House at the ANU. The dates Members of the Project Reference group to fall within the semester break and the venue date are Mick Dodson, Gaye Sculthorpe, provides opportunities for sessions and events Diane Smith, Mary Edmunds, Marcia Lang- to be held indoors but also outdoors close to ton, Larissa Behrendt, Margaret O’Donnell, the main buildings. Kerrie Tim, David Wilson, Wayne Denning, Darryl Pearce and Parry Agius. Steve Larkin, For more information and registration forms Lisa Strelein and Toni Bauman are NTRU go to the AIATSIS website at AIATSIS staff on the group. Rhian Williams http://www.aiatsis.gov.au/rsrch/conferences is the AIATSIS Consultant Research Fellow, /irf2003/index.htm Mediation specialist.

For more specific details contact Wayne The group agreed to meet again on 13th No- Deans, Forum facilitator, on 02 6261 4207, or vember, 2003, to bed down the project and to at [email protected] confirm its aims and membership of the group, following discussions between project staff and the Chief Executive Officers of the ‘Talkin’ it out and Talkin’ it through, it’s Native Title Representative Bodies in Bris- all in the process’: The Indigenous Facili- bane in October. tation and Mediation Project Noongar Staff Family Meetings Team Work- Naming the Project shop

The Indigenous Facilitation and Mediation Rhian Williams and Toni Bauman recently project is looking for a user friendly name. conducted a workshop with staff of the South West Land and Sea Council who are involved A key concept to be reflected in the name is in Noongar family meetings and the ‘one the management of Indigenous decision mak- claim’ process. The workshop, intended to

Native Title Newsletter No.4/2003 3 facilitate discussions among staff about how ing Workshop project. The Wukindi Project they have been running their family meetings will involve the participation of 100 young and how they might improve them, also in- Indigenous and non-Indigenous Australians in volved some facilitation training. the Wukindi ceremony which will be managed by Reverend Djininyi Gondarra and his peo- Wukindi Rom Cross-Cultural Mediation ple from the Golumala Clan/Nation in paral- Training Workshop lel with a number of mediation training workshops. The five day event is planned for Toni Bauman is one of the directors of the June 2004 in Gove, Arnhem Land. Wukindi Rom Cross-cultural Mediation Train-

FEATURE

Future Directions these small wins that can make such a huge By David Ross and tangible difference to people’s lives, to Director, Central Land Council their sense of themselves. Lets not underes- timate the empowering fact of recognition It is very difficult for me to talk about future after several hundred years, of nothing, of directions for us when I know that we have being seen as nobodies. been comparatively lucky here in the Terri- tory. We have the Land Rights Act which has I remember being an 18 year-old and stand- stood the test of time, and unlike the Native ing in a bar in Perth – and no one would Title Act, all challenges in the High Court. It serve me, or even look at me. They just acted has delivered real outcomes in terms of land, as if I wasn’t there. I can tell you that this culture and an ability to deal with mining and lack of recognition leaves you feeling very other land use demands. Also very impor- empty. Most Aboriginal people would know tantly, after 27 years of CLP rule, we now what that feels like. I know it is something have a government which believes in treating the CLC’s constituents often say to me when people decently. they have a win – the sense of acknowledg- ment Max Stuart had, as the Chairman of the It would be pointless of me to continue the CLC, when he met the Queen here in Alice litany of the deficiencies of the Native Title Springs. Or the sheer sense of elation Lhere Act. There is simply no argument that the Arthepe members had when they sat down Native Title Act - as it has been amended by and were finally taken seriously by the Gov- government and interpreted by the courts - ernment. There are many examples of this. does not deliver what it set out to do. Tragi- Conversely, the sheer despair people feel cally there is very little we can do about that. when they aren’t recognised. The Stolen Generations will certainly tell you about that. So are we to keep working at a native title It is something I do not expect non- system that delivers so little? Aboriginal people to understand but I believe From a Territory perspective, there have it is a very powerful emotion indeed. Recog- been considerable benefits. The Arrernte of nition counts for a lot. Alice Springs (Mparntwe) have been recog- nised as native title holders for example. We In our case and I know in others, the Native have a number of ILUAs we have had a great Title Act has delivered in some part recogni- number of small wins in comparative terms. tion to some people. Often not in ways cir- As I said yesterday – even without the cumscribed by the Native Title Act but if Court’s recognition, the Yorta Yorta have you’re lucky it may open up avenues you had earned the recognition of this nation. I want never even considered. And Lhere Arthepe to stress that I am not arguing that we should members would probably agree with me accept the limitations and convolutions of there. Recognition is the first fundamental the Native Title Act. Let’s appreciate some of step to greater things. It opens the box. Lets

Native Title Newsletter No.4/2003 4 not get hung up on the Native Title Act as Now to my last point. We have had the Land the only mechanism for delivering that. It Rights Act for nearly 30 years now. It is only may, or it may not, depending on your luck. now that people are beginning to see that Milk it for what its worth and move on. Use there are issues beyond having land back. every avenue to get agreements, to get par- That there are community issues, social and ticipation, to get recognition... if you don’t economic issues that they need to address. ask you don’t get. Let us all remember that change isn’t effected overnight and if it is then it may not be the There are other things we should be con- type of change you bargained for. And I am cerned with, that go hand in hand with the thinking specifically of when the Department type of justice we hoped the Act would de- of Aboriginal Affairs walked out of commu- liver. The Social Justice package that has nities back in the seventies leaving them to been completely forgotten, governance is- ‘self determination’, which then meant an- sues, the operation of our agencies like the other word for nothing at all. Change can ILC, ATSIC and Indigenous Business Aus- take a very long time and I urge patience on tralia. Let me just say I was most heartened Governments to allow Aboriginal people to by Brian Stacy’s paper signalling a change of do things in their own time, in their own way. ATSIC policy to step into the breach to con- fer recognition on those native title holders I ask you all to commit now to a very long unrecognised by this legal system. haul. Thank you

Finally to that most fundamental document of Australian law – the Australian Constitu- This is an edited version of an address to the tion. It is my belief that to enshrine the status Native Title Conference 2003: Native title on of Aboriginal people as the original owners the ground, held in Alice Springs in June. The of this land within that document, would of- conference was co-convened by AIATSIS fer one of the most potent and healing sym- and the Central Land Council and hosted by bols of recognition of Aboriginal people that Lhere Artepe, the PBC for the native title this country could confer. holders of Alice Springs.

NATIVE TITLE IN THE NEWS

National

Federal Attorney-General Daryl Williams Queensland Sapphire producers association has appointed two new full-time members president Jenny Elliot has criticised the Qld of the National Native Title Tribunal. The government for delays and inactivity which two new members are Neville MacPherson they say is killing off the economic viability and John Catlin. Native title professionals of the Gemfields and has had a huge flow- and Indigenous leaders have criticised these on effect for the central highlands. Ms Elliot appointments, saying it has further isolated said the problem was becoming worse as the NNTT from the Indigenous community. operators run out of land to mine. Tourism These two new appointments come immedi- is also affected. Miners have been awaiting ately after the decision by the Attorney- negotiation of an ILUA since April 2002, General to not reappoint Tony Lee to a and the Government is seen to be solely re- third term with the Tribunal. Mr Lee was sponsible for the delay as negotiations with one of only three Indigenous members in the Kangoulu people ended 15 months ago. the Tribunal's history. Dr Gaye Sculthorpe is Morning Bulletin (Rockhampton), 03 July 2003. currently the sole Indigenous 'member' of the nation's peak body. Koori Mail, 13 August 2003. Under a new arrangement, mining explora- tion permits will be processed faster in re-

Native Title Newsletter No.4/2003 5 turn for guaranteed protection of cultural son, who until recently was the chairman of heritage values on land subject to native title. the Queensland South Representative Board. This arrangement was made between In- Courier Mail, 18 July 2003. digenous representative bodies, the mining industry and the State government. Mines Indigenous groups from across the North- Minister Stephen Robertson said the ar- West will gather next month for a forum on rangement reached last month was the result natural resource management. The forum of the Queensland Mining Council and the conducted by the Southern Gulf catchments Queensland Indigenous Working Group group, is the first of its kind for the region endorsing the State's use of expedited pro- and will be held in Mount Isa from 6-7 Au- cedures available under commonwealth na- gust. Southern Gulf acting co-ordinator tive title legislation to deal with permit Charles Curry said the main aim of the meet- applications. The new native title protection ing was to establish a reference group. Tradi- conditions are seen by the QMC as a major tional owners are encouraged to become step towards getting explorers back on the involved in looking after land, water and ground in Queensland. Northern Miner (Char- places of cultural heritage. Speakers at the ters Towers), 08 July 2003. forum will include Ron Archer and Joseph Rainbow from Savannah Indigenous Group, Traditional owners in the Carpentaria Min- Melissa George from the Burdekin region, as eral Province are threatening to hold up ex- well as agency representatives familiar with ploration for potentially billions of dollars of the processes of resource management. gold, copper and silver in protest at changes North West Star, 25 July 2003. to exploration procedures involving native title. This has come about due to the State The Queensland Sapphire Producers Asso- Government's move to revert to the Com- ciation recently held a meeting at the Ruby- monwealth's "right to negotiate" scheme, vale Hall. Around 60 people were in allowing exploration on land subject to na- attendence to discuss the signing of an tive title. Mitakoodi-Juhnjlar group applicant ILUA. If the ILUA is signed by QSPA, the Pearl Connelly claimed the scheme which native title claimants and the Queensland began on 01 April 2003 had replaced spon- Government before the end of August, it taneous face-to-face negotiations between can be tabled in the Federal Parliament dur- the claimants and people wishing to explore ing September. QSPA president Jenny Elliot their land. The Carpentaria Mineral Province explained to those gathered the details of the is regarded as the State's richest mining ILUA and how the process would proceed province and is potentially amongst the rich- from the meeting. The document is available est in the country. The region contains the for perusal at local Post Offices and at the Ernest Henry mine which contains gold, Department of Natural Resources and copper and some silver. Courier Mail, 12 July Mines. Central Queensland News, (Emerald), 06 2003. Mitakoodi claim: QC96/101, August 2003. QG6106/98.

A natural resources management forum was Gerry Hand has recently resigned from his held in Mount Isa during early August. The position as Chief Executive Officer of the forum which was the first of its kind in the Queensland South Representative Body, in region, was hosted by the Southern Gulf Toowoomba. Mr Hand held the position for Catchments group (SGC). The primary aim two years. He has confirmed that he has ac- was to engage and involve Indigenous cepted a consultancy position with the 18- groups in relation to the management of member Board of Commissioners of the natural resources, with the aim of establish- Aboriginal and Torres Strait Islander ing a reference group. The proposed board Commission, to assist with the response to would contain seven directors, with one be- the review paper on ATSIC released last ing Indigenous. One of the main issues month. Mr Hand has previously worked raised by the Indigenous representatives, was closely with former ATSIC deputy chairman Ray Robinson, who until recently was the

Native Title Newsletter No.4/2003 6 better access onto properties which con- the past there had been a lack of progress tained cultural sites without having to go with native title claims in north west Victo- through the drawn-out native title process. ria. Claims in the region had been stop-start A priority action project would be formu- due to factors such as inadequate anthropo- lated when the SGC better understood the logical research and a lack of unity. Bendigo needs of traditional owners, then funding Advertiser, 02 August 2003. would be sought. North West Star (Mt Isa), 11 August 2003. The Dja Dja Wurrung people are hoping to succeed in a native title claim over crown In their bid to have Kalpowar Station in land in Bendigo. The claim has been in pro- declared a veterans' gress for over 2 years. A renewed push for retreat, Vietnam veterans have turned to recognition of the claim is likely to follow civil disobedience. Hundreds of people con- the creation of a new native title service verged on the remote area near the Lakefield body in the area. Last month, Mirimbiak was National Park to attend a commemorative replaced by the Victorian Native Title Ser- service for Vietnam Veterans' Day. The vices. Dja Dja Wurrung chair, Graham At- group has squatted on the Crown land, kinson said he estimates there to be about which they call 'Pandanus Park' for more 1000 Dja Dja Wurrung members across Vic- than two years. To date, the group have toria and beyond. He also said that culturally failed to convince the State government to and psychologically, their link to the land set aside the land (which is subject to a na- had continued. The claim is the only one tive title claim) for veterans. Les Hiddins, a lodged in the Bendigo area. Bendigo Advertiser, former Australian Army major said the 02 August 2003. Dja Dja claim: VC99/6, group was prepared to turn up the heat on V6001/99. the government. Queensland Premier Peter Beattie said the government had bent over A Portland Gournditchjmara native title backwards to be accommodating. Sunday claimant has called for bluegum owners to Mail (), 17 August 2003. improve consultation with claimants. This is

due to plantations possibly having a negative Victoria impact on customary lands. A representative A native title agreement has recently been of a local bluegum company said he believed signed making way for a 100 berth marina to cropping was more widespread than the be built on the Murray river at Mildura. Vic- plantations. Gournditchjmara elder Eliza- torian premier Steve Bracks said the $70 mil- beth King's main concern was that creeks lion project would attract thousands of and wetlands located downstream from tourists, create around 400 construction jobs bluegum plantations could possibly dry up. and 200 permanent jobs. Development is In response, Green Triangle Plantation For- expected to begin by the end of this year and est company field manager Don Jowett said be complete by the end of 2005. The Victo- the company welcomed discussion with rian government negotiated the agreement claimants. Portland Observer, 04 August 2003. with the Latji Latji. Under the agreement the Gournditchmjara: VC99/7, VG6004/98. Latji Latji people will be given a shop in the marina and their traditional ownership of the Western Australia land will be acknowledged. Herald Sun (Mel- bourne), 29 July 2003. Latji Latji People The recent announcement by the Australian claim: VC00/3, V6003/00. Agricultural Company will begin agreement- making negotiations with Aboriginal groups who have native title claims over the com- The Victorian Native Title Services recently pany's pastoral properties, has been wel- held a meeting in Bendigo. The meetings comed by the National Native Title Tribunal primary purpose was to seek ways to help president, Graeme Neate. AACO's chief ex- progress native title claims in north-west ecutive Peter Holmes, said recently that dis- Victoria. VNTS CEO Chris Marshall said in

Native Title Newsletter No.4/2003 7 cussions between the company and native Federal Court to postpone an August hear- title applicants about agreement-making op- ing because of a shortage of money to con- tions would begin in the near future. The tinue the case. Mr Ripper also informed AACO currently owns or leases 19 proper- State Parliament that they wish to find ways ties in Queensland and the Northern Terri- to meet aspirations of Aboriginal communi- tory covering over 6.5 million hectares. All ties outside the limitations of native title law. but two of the Queensland properties have Kalgoorlie Miner, 12 July 2003. Wongatha native title claims over them, while all the claim: WC99/1, WAG6005/98. company's Northern Territory properties are also subject to claims. As part of a national Kalgoorlie-Boulder delegates will attend a strategy with the pastoral sector, the Tribu- Liberal Party State conference next month. nal has held a number of meetings with Water, mining and native title will be the key AACO represenatives in recent months. issues raised. Kalgoorlie-Boulder Liberal Exmouth Expression, 04 July 2003. Party branch president Alan Dungey said it was important for the branch to attend the Two Indigenous groups have been granted conference to keep regional areas in the po- non-exclusive native title rights by the Fed- litical spotlight. The Division is concerned eral Court to more than 20,000sq km in the about the State's failure to guarantee a water resource rich Pilbara region. Industrial cen- supply for present and future use. The sub- tres of the Burrup Peninsula and the Mait- ject of native title will also be raised, as there land estate were not in the agreement. is a need for the process to be immediately Justice Nicholson ruled the Ngarluma and amended to expedite business ventures. Mr Yindjibarndi peoples had a right to access Dungey said the exploration industry had the land in question for camping, fishing, never quite recovered since the Mabo deci- hunting and other cultural practices. He also ruled the group's rights did not extend to sion. Kalgoorlie Miner, 21 July 2003. mineral resources nor to the sea beyond the low-water mark, and that their rights & in- A memorandum of understanding was terests would have to co-exist with any exist- signed recently in Perth, which would allow ing mineral and pastoral leases. The decision land ownership for the Ninga Mia commu- was welcomed by the claimant groups, the nity in Kalgoorlie-Boulder to be transferred State government, and pastoralists, for pro- within two years. There are 32 Aboriginal viding certainty over the economically sig- lands trust properties in the Goldfields, in- nificant area. The 444 page judgement ends cluding that of Ninga Mia. The ‘mou’ signed a process that began in 1994 when the first by the Goldfields Land and Sea Council and applications were lodged with the National Department of Indigenous Affairs should Native Title Tribunal. The case first came speed up the transfer of properties to differ- before the Federal Court in February 1997. ent Aboriginal groups. Indigenous Affairs The Australian, 04 July 2003. Yindjibarndi minister John Kobelke stated the land trans- claim: WC03/3, W6005/03. fers would not affect native title claims or rights. The State Government announced an The Goldfields Land and Sea Council wants independent review to be held in December the State Government to resolve the Won- into the ALT, which holds about 12 per cent gatha native title claim outside the courts. of the State's property, to investigate accel- The claim which has faltered due to a lack of erating land transfers to Aboriginal people. funds, is the first from the region to reach Kalgoorlie Miner, 30 July 2003. Wongatha the Federal Court and the second largest claim: WC99/1, WAG6005/98. claim in the State. GLSC invited Deputy Premier Eric Ripper to meet with the Won- gatha claimants to consider a negotiated out- The Federal government has been called come. Mr Ripper indicated further that he upon by Kalgoorlie MLA Matt Birney to would like to settle native title by way of investigate Australian land councils. Gold- agreement. The Land Council applied to the fields Land and Sea Council executive direc-

Native Title Newsletter No.4/2003 8 tor Brian Wyatt stated land councils already from Perth to lead round table discussions adhered to strict guidelines on how business between the Aboriginal claimants, Greater should be conducted. Mr Birney has written Taree City Council and National Parks and to Indigenous Affairs Minister Phillip Rud- Wildlife. The talks were aimed at putting the dock requesting that an investigatory over- final touches on the agreement that would sight body for all Australian land councils be see the local Indigenous people given camp- put in place. Mr Wyatt said the land councils site rights to what has for many years been a already had to follow a three year strategic council public reserve. A plan has been pre- plan that was endorsed by Mr Ruddock. pared by the city council proposing camping Kalgoorlie Miner, 09 August 2003. areas for Aboriginal families, which still al- low the wider community access to Saltwa- ter's attractions including the picnic area, Iain McGregor, a newly-elected Menzies beach and lagoon. The Manning River Times Shire councillor was the first of two pastor- (Taree), 11 July 2003. Biripi & Worimi Peo- alists to state at a recent Wongatha native ple. title hearing, he did not mind if Aboriginal people went onto his leased property. Wil- liam Axford also told the Federal Court in a Cowal Gold mine proponents Barrick Gold video-linkup from Kalgoorlie-Boulder, that appear to be headed back into court despite he also had no objections as long as some Government approval being granted last conditions were met. They included no dogs month for the project. The Mooka tradi- or guns brought onto the property. The tional owners council were recently granted pair's evidence was the final session via leave to appeal to strike out the Wiradjuri video linkup in the long running Wongatha native title claim. The appeal led by chair- case, the first Goldfields native title claim to man Neville Williams will go before the fed- be tested in court. Kalgoorlie Miner, 15 August eral court in Sydney during November. The 2003. Wongatha claim: WC99/1, court had previously ruled against Mr Wil- WAG6005/98. liam's attempt to strike out the Wiradjuri native title claim group, which reached an agreement with Barrick Gold to allow min- According to a recent survey, the State gov- ing of the area under a 20-year lease. With- ernment should investigate native title rights out his consent along with other traditional in water before issuing further water licences owners, Barrick and the Government could in the south-west. A social values and impact face a legal risk running into hundreds of study showing strong opposition to the pro- millions of dollars. West Wyalong Advocate, 25 posal was firstly conducted before the cul- July 2003. Mooka claim: NC02/4, tural report was completed, with nine A6001/02. Wiradjuri claim: NC02/10, recommendations, including ownership N6015/02. rights of water resources be investigated be- fore more water licenses are granted. Farm Weekly (WA), 28 August 2003. A Wiradjuri nation elders conference was recently held in Dubbo. It discussed knowl- edge of Aboriginal life, laws and boundaries, New South Wales and established a tribal roll and future mem- One of the longest native title deliberations bership of the elder's council. More than 300 in NSW is almost ready for a decision. The elders attended. The conference was con- claim involves the Biripi and Worimi people, vened as a matter of urgency by members specifically focusing on traditional Aborigi- who were concerned their heritage would nal camping grounds at Saltwater, which are die with them if not shared and passed on to set to become a model for similar claims the youth. Among other agenda items, were across the State. Saltwater has for centuries discussions on the environmental impact of been the principal meeting place for the land management practices in the Murray- group to perform initiations and conduct Darling Basin and issues relating to youth major gatherings. A mediator was flown in and employment. Elders spokesperson Tony

Native Title Newsletter No.4/2003 9 Peachey said the elders always kept an open The Northern Territory Government re- mind and welcomed any initiatives that cently gave the go ahead for a clean-up of might improve the overall well-being of the Jabiluka uranium mine. This decision has Aboriginal people. Daily Liberal (Dubbo), 01 ended a long row which pitted conservation August 2003. Wiradjuri claim: NC02/10, groups and Aboriginal people against mining N6015/02. company ERA. Under the clean-up pro- gram, ERA will backfill the 1.8km decline A group of Aboriginal elders recently set up located next to Kakadu National Park, which is world heritage listed. ERA, which is protest near Lake Cowal gold mine in central primarily owned by Rio Tinto, will retain the New South Wales. 20 protestors from the lease on the mine but will sign a formal Wiradjuri group erected tents and flags on agreement with the traditional owners guar- public land just outside the proposed mine anteeing no future development in the area site near West Wyalong. They plan to stay without the explicit permission of the Mirrar indefinitely. The $278 million dollar mine is people. ERA chief executive Bob Cleary being built by Canadian company Barrick welcomed the Government's approval of the Gold, after reaching an agreement with the plan. Canberra Times, 02 August 2003. Mirrar Wiradjuri Condobolin native title claim People claim. group in May. Wiradjuri elder and protestor Neville Williams has questioned the author- ity of Wiradjuri representatives who origi- Claims of native title red tape have halted the contribution of $100,000 towards the nally agreed to the mine. Mr Williams said building of a church. The women from the the group hoped to have more people arriv- remote township of Mataranka 430km south ing to join the protest in the coming days. of Darwin have however been allowed to Barrick Gold Corporation, the world's third build a non-denominational church on the biggest gold miner, is a few months away land. The main problem is, the lease is only from satisfying preconditions for develop- for 25 years. The previous government in- ment of the mine and deciding whether to formed the group they could have the crown proceed. Kalgoorlie Miner, 07 August 2003. lease in perpetuity. The Labor government Wiradjuri claim: NC02/10, N6015/02. then refused to honour the previous gov- ernment's promise. After consultation with the Northern Land Council, they then of- Northern Territory fered the club a 50-year lease. Recently, the NT government withdrew that offer and The Federal Government and Aboriginal offered a 25-year lease. The NT government landowners recently signed an ILUA to al- and the NLC are still in discussion, and no low development at Bradshaw station. This final decision has been made on the matter. agreement finalised seven years of negotia- Northern Territory News, 23 August 2003. tions. The Australian Defence Force now has access to 9000sq km of property for 225 years. This also means millions of dollars The Northern Land Council wishes to invest will be injected into development for the more than $100 million into building a gas Northern Territory. When completed, Brad- pipeline in the Northern Territory. The land shaw will be one of the largest defence train- council is considering paying up to 25 per cent ing establishments in the world. Defence of the cost of the pipeline, which would carry Minister Robert Hill said the benefits of the gas from the Black Tip field off the coast at ILUA would be shared by the Defence Wadeye to the Alcan alumina plant near Nhu- Force and traditional owners. He further lunbuy. The project could bring in millions of added that Indigenous needs and values will dollars for Indigenous people and help break be respected, they will have access to their the culture of welfare dependency, according land and opportunities of employment. to NLC chairman Norm Fry. The NLC has Northern Territory News, 17 July 2003. identified several major projects for the region likely to offer a range of opportunities over the coming decade. This gas pipeline project

Native Title Newsletter No.4/2003 10 would offer training, employment and busi- ties. NTU executive officer Parry Agius said ness development prospects. Northern Territory by entering into negotiations for agreements, News, 27 August 2003. both parties can obtain outcomes not bound by narrow legalistic definitions. Consultant South Australia Don Blesin said both the pastoralists and Aboriginal people had to improve their ne- In order to find new ways of sharing land, gotiating skills. Mr Agius concluded in say- local Aboriginal groups and South Australian ing 'both parties would receive commerical pastoralists have been working together. The and non-commerical benefits by taking part Native Title Unit of the South Australian in local agreements'. Farm Weekly (WA), 21 Aboriginal Legal Rights Movement has set August 2003. up a 'Secure Futures' program for both par-

APPLICATIONS LODGED

The National Native Title Tribunal posts summaries of applications that are lodged with them, on their website, . The following lodgements are listed for July/August. Claimant Applications

Date Filed Application Name State/ Tribunal Federal Court File Territory File No. No. 07/07/03 Djiru People #3 QLD QC03/6 Q6006/03 09/07/03 Yindjibarndi #1 WA WC03/3 W6005/03 09/07/03 Yindjibarndi #2 WA WC03/4 Q6004/03 09/07/03 Kalkadoon People #3 QLD QC03/7 Q6007/03 07/08/03 Olkola People QLD QC03/8 Q6008/03 07/08/03 Olkola & Thaypan QLD QC03/9 Q6009/03 People 12/08/03 Olkola/Fairlight QLD QC03/10 Q6010/03

Non Claimant Applications

Date Filed Application Name State/ Tribunal Federal Court File Territory File No. No. 25/07/03 Anthony Bernard NSW NN03/3 N6004/03 Kelly, Minister Assist- ing the Minister for Natural Resources for NSW 26/08/03 Minister for Natural NSW NN03/4 N6005/03 Resources for NSW

REGISTRATION TEST

The National Native Title Tribunal posts summaries of registration test decisions at . The following decisions are listed for July to August. If an application has not been accepted, this does not mean that native title does not exist. The applicants may still pursue the application for the determination of native title. If an application does not pass the registration test, the applicant may seek a review of the decision in the Federal Court or re-submit the application.

Native Title Newsletter No.4/2003 11 Decision Application Name State/ Tribunal Federal Court Decision Date Territory File No. File No. 02/07/03 Paddy Carlton obo MGW NT DC95/1 DG6008/98 Not Groups accepted 16/07/03 Indjilandji/ Dithannoi QLD QC02/36 Q6034/02 Accepted 17/07/03 Kalkadoon People #3 QLD QC03/7 Q6007/03 Accepted 17/07/03 Kalkadoon People QLD QC99/32 Q6031/99 Accepted 28/07/03 Mitakoodi People #3 QLD QC03/4 Q6004/03 Accepted 29/07/03 Mitakoodi People QLD QC96/101 QG6106/98 Accepted 30/07/03 Wiklyeny/Akanh QLD QC03/5 Q6005/03 Accepted /Olkol/Olkola Peoples 06/08/03 Jirrbal People QLD QC03/1 Q6001/03 Accepted 08/08/03 Yindjibarndi People #1 WA WC03/3 Q6005/03 Accepted 12/08/03 Injilandji Peoples QLD QC96/100 QG105/98 Accepted 20/08/03 Djiru #2 QLD QC03/3 Q6003/03 Accepted 20/08/03 Djiru #3 QLD QC03/6 Q6006/03 Accepted 29/08/03 Blue Mud Bay No. 2 NT DC02/34 D6035/02 Accepted

APPLICATIONS CURRENTLY IN NOTIFICATION

Closing Date Application Number Application Name 01/10/03 NC02/10 The Wiradjuri People 01/10/03 QC02/35 Mithaka People 01/10/03 QC02/6 Waluwarra People # 2 15/10/03 NN03/2 Darkinjung Local Aboriginal Land Council 29/10/03 QC02/37 Bintharra Group 29/10/03 QC02/38 Mugina Group 29/10/03 DC02/19 Pine Creek #3 29/10/03 NC01/4 The Nyoongar Ghurree – Bhurrah (Gubboothar) Far Western Gumilaroi Abo- riginal People 29/10/03 DC03/2 Deep Well 29/10/03 DC03/1 Rockhampton – Brunette Downs 29/10/03 DC02/33 Dulcie Ranges 29/10/03 DC02/32 Newcastle Waters #2 29/10/03 DC02/31 New Wanderrie Road 29/10/03 DC02/30 Lorella – Nathan River 29/10/03 DC02/29 NTP4440 Tennant Creek 29/10/03 DC02/28 Labelle Downs 29/10/03 DC02/27 Killarney 29/10/03 DC02/26 Pigeon Hole 29/10/03 DC02/24 Town of Larrimah

Native Title Newsletter No.4/2003 12

For further information regarding notification of any of the applications listed contact the National Native Title Tribunal on 1800 640 501 or .

NEW PUBLICATION

Treaty, Let’s Get It Right! achieved by an agreement under interna- In May 2000, ATSIC restated the importance tional law, be supported by legislation or be of a treaty as a central plank of the Indigenous a simple contract under statutory and com- agenda on rights — part of the overall pack- mon law. His focus, however, is on a pro- age of unfinished business that remained from posed new Section 105B of the Constitution the 10-year reconciliation program that con- that would spell out the powers of the cluded that year. commonwealth government to ‘make a treaty or treaties with persons or bodies rec- Treaty … let’s get it right! is a collection of essays ognised as representatives of Aboriginal and from members of ATSIC’s National Treaty Torres Strait Islander peoples’ on matters of Think Tank and authors commissioned by specific relevance to their peoples. AIATSIS. Professor Marcia Langton (Melbourne Uni- In the Foreword, ATSIC Chairman Geoff versity) and Dr Lisa Palmer (ARC Postdoc- Clark explains that the ‘let’s get it right’ ap- toral Fellow) examine the importance of proach recognises the political, constitutional agreement making, including developments and institutional ‘barriers to equality under the in native title and the growing use of ILUA, law in Australia’ that recur throughout Austra- as well of the diversity of Indigenous cus- lia’s modern history. tomary and cultural interests that need to be accommodated by any regime for such Michael Mansell, Secretary of the Aboriginal agreements. Provisional Government, says the two com- peting outcomes for a treaty are (a) the return The capacity for a treaty to protect Indige- of all crown lands to Aboriginal and Torres nous heritage is considered by intellectual Strait Islander peoples to provide economic property specialists Robyn Quiggan and and cultural autonomy and (b) equality for Terri Janke. In the absence of an overarch- Indigenous people within white economic and ing agreement that offers specific protection social structures while allowing for a degree of it will be necessary to pursue sui generis legis- Indigenous autonomy. Mansell says the lative protection for heritage rights and the choice is not the real issue, but ‘the right to desire of Indigenous peoples to enjoy in- make that choice is’. Two models exist that formed consent on the use of such intellec- could be used to guide a treaty making proc- tual property and to share subsequent ess, offers Larissa Behrendt, Professor of Law benefits. and Indigenous Studies at the University of Technology in Sydney. One is the system of A treaty holds the potential to define a new Indigenous Land Use Agreements (ILUAs) relationship between the Indigenous and under the Native Title Act that result in binding non-Indigenous peoples of Australia that negotiated contracts between parties without moves ‘beyond past and present injustices’, the costs and uncertainty of litigation. The according to Lester-Iribinna Rigney, a senior second is the Canadian system for agreements lecturer at South Australia’s Flinders Uni- that operate under its Inherent Right to Self- versity. In particular, Indigenous languages Government policy that has an expressed pref- and educational standards and practices erence for community-level negotiations. stand to benefit from a system that can ‘transform the structures that continue to The AIATSIS Chair, Professor Mick Dodson, cause disharmony’. suggests that a treaty or treaties could be

Native Title Newsletter No.4/2003 13 Despite the evident benefits to Indigenous providing a system for greater Indigenous heritage, discussion of a treaty will inevitably autonomy and control and the means for throw up challenging questions of identity and asserting Indigenous authority, communities Aboriginality, says Indigenous lawyer Louise would be able to take greater responsibility Taylor. Authenticating Indigenous identity is for dealing with their social and economic a complex and troublesome process that can problems, manage and control natural re- only be achieved through internal community sources, and develop appropriate legal mod- processes that take account of local circum- els and relationships with governments. stances. It may be that the final form of a treaty cannot be met by a single uniform Communities in the Torres Strait have per- document. haps moved further along the road to self- government than communities elsewhere in These questions interest young Indigenous Australia and without excessive controversy, people. The National Indigenous Youth says Treaty Think Tank member Dr Martin Movement of Australia identifies the need for Nakata. Islander negotiation has not been healthy and functional families and communi- tied to any single ideology or political party, ties that provide clear pathways to a sustain- but has taken note of the both the long- able Indigenous identity. A ‘collective sense term and immediate and practical aspira- of purpose’, perhaps supported with a Bill of tions of grass-root community members and Rights that guarantees Indigenous rights and represented those via incremental advance- responsibilities, might prove more beneficial ment based on a concept of ‘relative sover- than an uncertain treaty process. eignty’.

In a survey of developments since the Mabo Senator Aden Ridgeway sees that obstacles judgment in 1992, Perth-based lawyer and to Indigenous advances include the continu- academic Hannah McGlade (who also edited ing spirit of denial manifested by the federal this volume) finds that the issue of sover- government and the ‘plethora’ of commu- eignty has only rarely been tested in the courts nity organisations that constitute a signifi- and has only once been placed directly before cant drain on ‘human and financial capital’. the full bench of the High Court of Australia. He calls for greater accountability in both While issues such as self-determination and areas — government policy that is based an sovereignty continue to develop in the inter- honest acknowledgement of the past and national arena, Indigenous claims within Aus- meets the standards set by its own rhetoric tralia point to the need for legal and perhaps as well as a system of national benchmarks constitutional reform. to ensure directed and effective manage- ment of Indigenous organisations. Megan Davis, a specialist in international law, argues that the developing international hu- In the final contribution to the book, the man rights framework can be a valuable refer- Olympic gold medallist and ATSIC Treaty ence in discussion of a domestic treaty. The Ambassador Nova Peris says Australia’s pre- Draft Declaration on the Rights of Indige- sent Constitution is ‘an ill-adapted mix of nous Peoples, currently under consideration symbolic power and the practice of gov- by the United Nations, could be influential ernment’. A treaty would contrast with cur- once adopted if the rights contained in it are rent government systems by providing elevated ‘to the level of a convention in which inclusion, adaptability and incorporate both those states that sign become legally bound by Indigenous and non-Indigenous parties into the instrument’. the life of the nation.

A treaty could be valuable in strengthening Treaty — let’s get it right! is available for Indigenous governance systems, control over $19.95 plus postage from Aboriginal service delivery and the re-empowerment of Studies Press (phone 02 6246 1186 or Indigenous peoples within society, according email [email protected]). to Darwin-based academic Daryl Cronin. By

Native Title Newsletter No.4/2003 14 RECENT ADDITIONS TO THE AIATSIS LIBRARY

The following are newly catalogued items that Uhr, Frank have just become available on Mura, the ‘September 12, 1843, the Battle of One Tree AIATSIS on-line catalogue. Please check Mura Hill: a turning point in the conquest of More- for more information on each entry, including ton Bay’ by Frank Uhr. annotations. Journal of the Royal Historical Society of Queensland Vol.18, no.6 (May 2003), p. 241-255 Early personal journals, correspondence and diaries Humphrys, Ray. ‘Bonyi bonyi: life and legends of the Bunya Barrington, George, 1755-1804. Mountains: an account of the times and lives of those who settled on and around the Bunya A voyage to New South Wales: to which is prefixed a Mountains from 1841’ / by Ray Humphrys. detail of his life, trials, speeches, etc. Sydney: View Productions, 1985. Nanango, Qld: Wyndham Observer, 1992.

Malaspina, Alessandro, 1754-1809. Jebbs, Mary-Anne ‘Blood sweat and welfare: a history of white The secret history of the convict colony: Alexandro bosses and Aboriginal pastoral workers’ / Malaspina's report on the British settlement of New South Wales. [translated by] Robert J. King. Mary Anne Jebb, Indigenous law bulletin Vol. 5, Sydney : Allen & Unwin, 1990. no.24 (April-May 2003), p.20-21

Paine, Daniel, b. 1770. O'Brien, Justin ‘Canberra yellowcake: the politics of uranium The journal of Daniel Paine, 1794-1797: together and how Aboriginal land rights failed the with documents illustrating the beginning of government Mirrar people’ / Justin O'Brien boat-building and timber-gathering in New South Wales, 1795-1805 / edited by R.J.B. Knight and Journal of Northern Territory History. No. 14, Alan Frost. (2003), p. 79-91 Sydney: Library of Australian History in asso- ciation with the National Maritime Museum, Pashley, A. R. Greenwich, England, 1983. ‘Policing our state: a history of police stations and police officers in Stapylton, Granville William Chetwynd, 1800- Western Australia 1829-1945’ / by A.R. (Don) 1840. Pashley. Cloverdale, W.A: EDUCANT, 2000. Stapylton with Major Mitchell's Australia Felix ex- pedition, 1836 / largely from the journal of Granville Taylor, Martin Francis James. William Chetwynd Stapylton. Alan E.J. Andrews, editor. ‘Bludgers in grass castles: native title and the Hobart: Blubber Head Press, 1986. unpaid debts of the pastoral industry’ / Martin Taylor. History – exploration and accounts Chippendale, N.S.W: Resistance Books, [1997]

Ross, Margaret Native Title - recent news items ‘The Hann Expedition to explore Cape York Peninsula, 1872’ / Margaret Ross ‘Badimia group offer new deal over native title claim’ 2001 Yamaji News, (05 Dec 2001), p. Journal of the Royal Historical Society of Queensland Vol.18, no.6 (May 2003), [1], port. p. 273-286 ‘Major native title settlement in Central Desert’ 2001 Yamaji News, (7 Nov. 2001), p. 10

Native Title Newsletter No.4/2003 15 ‘Noonkanbah land handed back to Yungngora community’ Western Division leases: Wilson v Anderson & 2001 Yamaji News, (26 Sept. 2001), p. [1] Ors {2002} HCA 29 2002. Native Title Hot Spots. No.1 ‘Report recommends native title reforms’ (16 August 2002), p. 12-14 2001 Yamaji News, (5 Dec. 2001), p. 4 Yougarla v Western Australia: 9/8/01, [2002] ‘WA's Aboriginal groups unite as one’ HCA 47; (2001) 181 ALR 371 2001 Yamaji News, (20 June 2001), p. [1] 2001, Litigation notes; No. 7, 15 October 2001

Native title – legal issues Place names and site reports

‘Northern Territory: customary law and The land is a map: place names of Indigenous origin in underage sex’ Australia / edited 2003 Alternative Law Journal, Vol.28, no. 3 (June by Luise Hercus, Flavia Hodges, Jane Simpson. 2003), p.151-152 Canberra: Pandanus Books, 2002. Donaldson, Margaret ‘The Racial Discrimination Act: does it have a Western Australia. Ministry of Lands role in native title?’ The spelling of native geographical names / issued by Margaret Donaldson and Yvette Park direction of the Minister for Lands, Perth: 2003 Govt Pr. 1901 Indigenous law bulletin Vol. 5, no.24 (April-May 2003), p.8-10 Land acquisition and land management

Strelein, Lisa Indigenous Land Corporation (Australia) ‘Undertanding non-discrimination: Native Title The Indigenous Land Corporation/ the Public law and policy in a human rights context’ / Affairs Office of the Indigenous Land Corpo- Lisa Strelein, Michael Dodson and Jessica ration, 2003 Weir Indigenous law bulletin Vol. 5, no.24 (April-May 2001, Balayi Vol.3, (2001), p.113-148 2003), p.11-12

Government reports and Native Title Economics and policy cases: Australia and States Altman, Jon C., 1954- Consent determination of native title: Martu Indigenous community organisations and miners: part- and Ngurrara determinations: nering sustainable regional development / outline by James on behalf of the Martu people v State of Jon Altman of a proposed study to be under- Western Australia [2002}FCA 1208. taken 2002-2004, 2001 Native Title Hot Spots. No.2 (14 October 2002), Intellectual property p. 1-5 Claiming the stones/naming the bones: cultural prop- Determination of native title: De Rosa v South erty and the negotiation of national and ethnic identity Australia [2002} FCA 1342 2002. / edited by Elazar Barkan and Ronald Bush. Native Title Hot Spots. No.2 (14 October Los Angeles: Getty Research Institute, c2002. 2002), p. 1-5

Native Title Newsletter No.4/2003 16 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 ; or are available, at no cost, from the NTRU. Receive copies through our electronic service, email [email protected], or phone 02 6246 1161 to join our mailing list.

Volume 2 No. 23 ‘Indigenous Pueblo Culture and Tradition in the Justice System: Maintaining Indigenous Lan- guage, Thought and Law in Judicial review’ Christine Zuni Cruz No. 22 'Abandonment' or Maintenance of Country? A Critical Examination of Mobility Patters and Implications for Native Title Peter Veth No. 21 Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58 (12 December) – Comment Lisa Strelein No. 20 Negotiating Comprehensive Settlement of Native Title Issues: Building a New Scale of Justice Parry Agius, Jocelyn Davies, Richie Howitt and Lesley Johns No. 19 ‘Winning’ Native Title: The Experience of the Nharnuwungga, Wajarri and Ngarla People Michelle Riley Pastoral Access Protocols: The Corrosion of Native Title by Contract Frances Flanagan No. 18 Diaspora, Materialism, Tradition: Anthropological Issues in the Recent High Court Appeal of the Yorta Yorta James F Weiner No. 17 Western Australia v Ward on behalf of Miriuwung Gajerrong, High Court of Australia, 8 August 2002: Summary of Judgment Lisa Strelein No. 16 The International Concept of Equality of Interest in the Sea as it Affects the Conservation of the Environment and Indigenous Interests Sir Anthony Mason No. 15 Preserving Culture in Federal Court Proceedings: Gender Restrictions and Anthropological Experts Greg McIntyre and Geoffrey Bagshaw No. 14 “Like Something Out of Kafka”: The Relationship between the roles of the National Native Title Tribunal and the Federal Court in the development of Native Title Practice Susan Phillips No. 13 Recent Developments in Native Title Law and Practice: Issues for the High Court John Basten No. 12 The Beginning of Certainty: Consent Determinations of Native Title Paul Sheiner No. 11 Expert Witness or Advocate? The Principle of Ignorance in Expert Witnessing Bruce Shaw No. 10 Review of Conference: Emerging Issues and Future Directions Graeme Neate No. 9 Anthropology and Connection Reports in Native Title Claim Applications Julie Finlayson No. 8 Economic Issues in Valuation of and Compensation for Loss of Native Title Rights David Campbell No. 7 The Content of Native Title: Questions for the Miriuwung Gajerrong Appeal Gary D Meyers No. 6 ‘Local’ and ‘Diaspora’ Connections to Country and Kin in Central Cape York Peninsula

Native Title Newsletter No.4/2003 17 Benjamin Smith No. 5 Limitations to the Recognition and Protection of Native Title Offshore: The Current ‘Accident of History’ Katie Glaskin No. 4 Bargaining on More than Good Will: Recognising a Fiduciary Obligation in Native Title Larissa Behrendt No. 3 Historical Narrative and Proof of Native Title Christine Choo and Margaret O’Connell No. 2 Claimant Group Descriptions: Beyond the Strictures of the Registration Test Jocelyn Grace No. 1 The Contractual Status of Indigenous Land Use Agreements Lee Godden and Shaunnagh Dorsett

Monographs The following NTRU publications are published by Aboriginal Studies Press and are available from the AIATSIS Bookshop located at AIATSIS, Lawson Cres, Acton Peninsula, Canberra, or tele- phone 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 , go to the Native Title Research Unit and then click on the ‘Previous Publi- cations’ link. Orders are subject to availability.

ABOUT THE NATIVE TITLE RESEARCH UNIT

AIATSIS acknowledges the funding support of the ATSIC Native Title and Land Rights Centre. 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.4/2003 18