Native Title in the News June 2014
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NATIVE TITLE IN THE NEWS JUNE 2014 DATE STATE SUBJECT SUMMARY SOURCE Australian Law Reform 30 June Submissions available for Submissions regarding the review of the Native Title Act 1993 are now available on the ALRC AUS Commission, Canberra ACT 2014 reading on ALRC website website. (30 June 2014) The El Salvador Government has amended the constitution to recognise Indigenous Peoples, Constitutional recognition and move forward with policies that will enhance the cultures that exist amongst the First Peoples Worldwide, 30 June EL for Indigenous peoples in approximately 600,000 Indigenous Peoples in El Salvador today. The Indigenous Peoples Virginia United States of 2014 SALVADOR El Salvador hope this recognition will lead to economic rights, self-determination and protection of America (30 June 2014) communal lands. Four native title corporations have come out of special administration and are moving Alice Springs News Online, 30 June Native Title corporations NT forward with discussions on what the future holds for the traditional owners and the Alice Springs, Northern 2014 back to business management of their land and culture. Territory (30 June 2014) The Supreme Court of Canada has handed down a decision in favour of the Tsilhqot’in peoples, which provides certainty around processes and tests that apply to relationships 26 June First Nations win in Straight.com, Vancouver CANADA between First Nation peoples and the Government. Industry will now be required to receive 2014 Supreme Court of Canada Canada (26 June 2014) consent from First Nation peoples regarding use of traditional land, as previously only consultation was required. The Kooma People's Native Title rights and interests over approximately 2940 square Department of Natural 25 June Kooma People native title kilometres of land near Bollon have been approved by the Federal Court of Australia. This QLD Resources and Mines, 2014 recognition brings the total number of native title determinations made in Queensland to 104 – 91 of Brisbane QLD (25 June 2014) which have been resolved by consent. The focus of the new National Native Title Tribunal (NNTT) website has been user friendly National Native Tribal 25 June features which will assist clients in navigating around the different information provided National Native Title Tribunal, WA Tribunal new website live 2014 regarding native title. Feedback was collected from stakeholders via a client satisfaction Perth WA (25 June 2014) 21 July survey in 2013. The website is slated to go live on July 21, 2014 (see link on the right). 1 Aboriginal and Torres The Greens have introduced a private member’s bill to the Senate which seeks to clarify and Strait Islander Amendment 24 June strengthen the purpose of the Land Account for future generations. The bill seeks to protect The Australian, Melbourne ACT (A Stronger Land Account) 2014 the Land Account from being used for purposes other than land-related benefits for Victoria (24 June 2014) Bill 2014 introduced in Aboriginal people and Torres Strait Islanders. Senate Indigenous lawyers from around the world; including United States, Chile, Malaysia, Guam World Indigenous Legal 24 June and New Zealand, have gathered in Brisbane to discuss critical issues facing Indigenous 612 ABC, Brisbane QLD (24 QLD Conference meets in 2014 cultures. Native title, recognition of first nation peoples, health and education were June 2014) Brisbane amongst the issues discussed during the 2014 conference. The State Government has decided to move forward with plans to demolish around 60 Demolishment of remote buildings within the Oombulgurri community. Residents were moved to a neighbouring area 21 June ABC News, Kimberley WA (21 WA Oombulgurri community following the closure of the town site in 2011. The Balanggarra Aboriginal Corporation is 2014 June 2014) buildings calling on the Government to delay demolition proceedings whilst further discussions are held amongst Oombulgurri community members regarding reopening the town. The Gooniyandi People's Native Title rights and interests over approximately 11,000 square 20 June Gooniyandi People’s kilometres of land and water in central Kimberley have been approved by the Federal Court ABC News, Kimberley WA (20 WA 2014 native title recognition of Australia. The determination culminates 15years of negotiations with about half the claim June 2014) being held as exclusive rights. The Northern Cape York People's Native Title rights and interests over approximately Northern Cape York Department of Natural 20 June 390,000ha of land on Cape York have been approved by the Federal Court of Australia. This QLD Peoples’ native title Resources and Mines, 2014 brings the total number of native title determinations made in Queensland to 103 – 90 of recognition Brisbane QLD (20 June 2014) which have been resolved by consent. The State Government has proposed changes to the WA Aboriginal Heritage Act, which could diminish the control traditional owners have over sacred sites. The proposed changes will Proposed changes to the 20 June also impose fines of up to $50,000 on traditional owners who do not notify the Government ABC News, Perth WA (20 June WA Western Australia’s 2014 of sacred sites. The State Government maintain these changes are will improve consistency 2014) Aboriginal Heritage Act regarding Aboriginal heritage protection. An eight week consultation period has commenced regarding these changes. The Kulkalgal People's Native Title rights and interests over approximately 16ha of Torres Department of Natural 20 June Kulkalgal People’s native Strait land, covering Zuizin Island (also known as Halfway Island) have been approved by the QLD Resources and Mines, 2014 title recognition Federal Court of Australia. This brings the total number of native title determinations made Brisbane QLD (20 June 2014) in Queensland to 102 – 89 of which have been resolved by consent. The 2014 National Native Title Conference was held 2-4 June on the traditional lands of the 18 June 2014 National Native Title Gumbaynggirr people in Coffs Harbour. Issues discussed included concerns Prescribed Body The Koori Mail, National (18 AUS 2014 Conference Corporates (PBC) have regarding support to carry out their statutory requirements, June 2014) Print Edition partnerships for managing country and Indigenous land and sea management. 2 Following 9 years of collaboration between local government and Maya people, the Consultation Framework Consultation Framework regarding how industry and government can pursue interests on First Peoples Worldwide, 13 June BELIZE endorsed regarding native Maya traditional lands has been released. The 2014 Consultation Framework considers how Virginia United States of 2014 title land in Belize proposals regarding Maya traditional land must consider the effects it may have on the America (13 June 2014) customary lives of the Maya people. The Passamaquoddy people of Maine USA have fought to maintain unrestricted access to Restrictions placed upon fishing as stated in the Maine Implementing Act 1980. Issues have arisen between state and First Peoples Worldwide, 13 June USA Passamaquoddy tribal native fishers regarding a conservation plan established by the Passamaquoddy people Virginia United States of 2014 sovereignty regarding sustainability of the eel industry. Saltwater fishing is considered an industry that is America (13 June 2014) outside state regulations. The New South Wales Land and Environment Court have handed down a decision in favour of the Darkinjung peoples regarding the proposed Wallarah 2 coal mine which would involve Darkinjung peoples win 12 June rail lines being constructed on traditional lands. The Court found that the approval of the The Newcastle Herald, New NSW case regarding use of 2014 Kores proposal to be use traditional land for a minimum of 28years would amount to South Wales (12 June 2014) traditional land “compulsory acquisition” of traditional land granted under the Aboriginal Land Rights Act 1983 (NSW). Indigenous Land Aquila Resources Limited has executed land access agreements across the proposed site of 11 June Agreements signed the West Pilbara Iron Ore Project. The Kuruma Marthudunera have signed an agreement Finance News Network, Perth WA 2014 regarding West Pilbara with Aquila, and the Puutu Kunti Kurrama and Pinikurra claim group are set to follow suit in WA (11 June 2014) Iron Ore Project September 2014. Traditional owners in the Northern Territory have rejected a $12m proposal to house a Nuclear waste site offer 11 June nuclear waste dump site on traditional lands of Muckaty Station. Traditional owners have ABC Indigenous Online, NT rejected by traditional 2014 stated the proposed site is adjacent to sacred land and have turned out in numbers to voice Darwin NT (11 June 2014) owners their disapproval to the Federal Government’s compensation agreement. The Kimberley Land Council (KLC) called for land claims to be dealt with faster and more KLC call for faster National Indigenous Times, 11 June cooperatively at the recent Nyikina Mangala native title declaration by the Federal Court. Mr WA processing of native title National (11 June 2014) Print 2014 Nolan Hunter from KLC questioned why State and Federal Governments had to challenge claims Edition and appeal almost every Native Title claim. The Mount Alexander Shire Council acknowledged the local Indigenous community by Mount Alexander Shire endorsing a statement of commitment supporting the Indigenous community in the recent 13 June endorse commitment to Council meeting. ABC News, Melbourne VIC VIC 2014 local Indigenous The local Dja Dja Wurrung community signed a native title deal with the Victorian (13 June 2014) community Government in March last year. The next Indigenous Roundtable is scheduled for September 2014. Dunghutti elders consider 10 June The Dunghutti Elders Council (DEC) are considering a native title claim to cover all vacant The Macleay Argus, Kempsey NSW native title claim covering 2014 crown land in the Dunghutti tribal area. NSW (10 June 2014) all traditional land 3 Traditional owners receive Traditional owners have visions of tourist developments in Maralinga lands in outback South 10 June land following Defence Australia.