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Janfeb04.Pdf (Pdf, 456.59 January/February 2004 No. 1/2004 The Native Title Newsletter is published every second month. The newsletter includes Contents a summary of native title as reported in the press. Although the summary canvasses media News from the Native Title from around Australia, it is not intended to be Research Unit an exhaustive review of developments. Indigenous Facilitation and Mediation Project – Singapore Conference 2 The Native Title Newsletter also includes September/October 2003 contributions from people No.5/2003involved in Kaytetye cultural material launch 2 native title research and processes. Views ex- Seminar Series 22 March – 31 May 2004 2 pressed in the contributions are those of the authors and do not necessarily reflect the Features views of the Australian Institute of Aboriginal WA pastoralists and Aboriginal people 3 and Torres Strait Islander Studies. agree on access to land Neowarra v State of WA 2003 4 Stop Press Regular items The Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Is- Native Title in the News 7 lander Land Fund is conducting an inquiry Applications Lodged with the NNTT 11 into NTRBs and s.206(b). Submissions close 30 May 2004.Terms of reference: Notifications 12 http://www.aph.gov.au/senate/committee/nt Recent additions to the AIATSIS Library 12 lf_ctte/index.htm Native Title research unit publications 15 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 Indigenous Facilitation and Mediation The audio recording, Awelye Akwelye; Kaytetye Project – Singapore Conference women’s traditional songs from Arnerre, Central Aus- tralia, published by the Papulu Apparr-Kari The Minerals Council of Australia funded air- Language and Culture Centre in Tennant fares for Toni Bauman and Rhiân Williams to Creek, contained songs recorded by Grace attend the 2nd Asia Pacific Mediation Forum Koch in 1976 along with other performances 19-22 November 2003 in Singapore. of the same song series recorded in 1999. Arnerre country, an important Rain Dreaming Attendance at the Conference was less than area northwest of Barrow Creek, has figured in expected because of the SARS virus, however a recent ILUA being negotiated with New- the opportunity to have an international dis- mont Mining Corporation, which was referred cussion of cultural issues and approaches in to in the last AIATSIS Native Title Newsletter. mediation was worthwhile. In particular, visit- ing the Community Mediation Centres in Sin- Seminar Series: 22 March – 31 May 2004 gapore was a highlight. Titled: Regionalism, Indigenous Rhiân Williams and Toni Bauman gave a con- Governance and Decision Making versational style presentation, outlining the broad issues of their project. Professor Lim The NTRU is convening the current AIATSIS Lan Yuan, in summing up the Conference seminar series on ‘Regionalism, Indigenous commented favourably on the presentation, governance and decision making’. The series describing it as ‘engaging’. explores the way understandings of ‘regional- ism’ impact upon Indigenous peoples and in- Rhiân also gave a separate paper titled ‘To- fluence the way they govern themselves and wards a new definition of Mediation’. Mr make decisions. It investigates the way differ- Graeme Neate, President of the National Na- ent groups are seeking control of their own tive Title Tribunal, presented a joint paper with lives and their regions, the barriers to this con- Associate Professor Craig Jones of the Native trol, and possibilities for increasing control in Title Unit at James Cook University. the future. Kaytetye Cultural Material Launch The series was launched on 22 March by the Chair of AIATSIS, Professor Mick Dodson. On 5 February 2004 Grace Koch, Native Title The first speaker was the Institute’s inaugural Research and Access Officer, represented Visiting International Indigenous Fellow, Pro- AIATSIS at a launch, held at Nyinkka Nyunyu fessor John Borrows. More than 50 people Culture Centre at Tennant Creek, NT, of two heard Professor Borrows speak on ‘Living books and a CD of Kaytetye cultural material. Traditions: The Resurgence of Traditional Law’. The books, published by the Institute for Abo- riginal Development Press, were Growing Up All are welcome to attend future seminars and Kaytetye: Stories by Tommy Kngwarraye Thompson hear from speakers including Mr Brian Wyatt, (compiled by Myfany Turpin) and the Kaytetye Executive Officer, GLSC; Senator Kerry Picture Dictionary (compiled by Myfany Turpin O’Brien, Shadow Minister for Reconciliation and and Alison Ross). In 1990, Grace Koch had Indigenous Affairs; Mr Sam Jeffries, Chairman, worked at length with Tommy Thompson in Murdi Paaki Regional Council; Dr Will Sanders, compiling the book, Kaytetye Country; An Abo- CAEPR; Mr Robert Blowes, Barrister, ; Dr Sarah riginal History of the Barrow Creek area, which Holcombe, CAEPR; Mr Parry Agius, Executive contained the first published texts in Kaytetye. Officer, ALRM; and Dr Patrick Sullivan, AIATSIS. Native Title Newsletter No.4/2003 2 For more details on the seminar series go to: http://www.aiatsis.gov.au/rsrch/seminars.htm FEATURES WA Pastoralists and Aboriginal People which Aboriginal people’s access to their land Agree on Access to Land could be harmoniously negotiated, it was a very welcome development. At last, here was Goldfields Land and Sea Council a solid foundation on which sustainable, neighbourly relations could be built for the It wasn’t an ‘earth-shattering’ agreement but future. its significance for putting Aboriginal people back in touch with their traditional lands The principles were an idea of the region’s should not be underestimated. native title representative body, the Goldfields Land and Sea Council (GLSC), which has For the Goldfields region of WA, the Pastoral worked hard since Mabo to negotiate a string Access Principles, signed into effect on Feb- of milestone memoranda with a wide range of ruary 3 by representatives of the Goldfields stakeholders in Goldfields land. Whether the Land and Sea Council and the Pastoralists and MOUs have been with government, miners or Graziers Association, was a milestone. pastoralists, the GLSC’s aim has always been to advance the lot of Indigenous people and Goldfields pastoral ‘stations’ were hewn from to protect their cultural heritage, while ensur- an area bigger than Texas by a rough and ing development in this highly prospective tough band of pioneers in a wave of govern- (minerals) region continues unhindered. ment-sanctioned ‘settlement’ that occurred early last century. Their cattle and the fences Success for bringing the principles to reality that corralled them, served also to isolate was in no small part due to the efforts of the Aboriginal people from land that is vital for National Native Title Tribunal, which guided the survival of Indigenous culture. the year-long discussions to their conclusion. There was no way that NNTT member Bardy The history books show conflicts and resent- McFarlane, would accept anything short of ments on both sides. And while many station success. owners can today boast excellent relationships with local Aboriginal people, for some, the The Goldfields Pastoral Access Principles old prejudices linger. The occasional land were signed into effect by PGA President holder still acts as if the fences across the land Barry Court and GLSC Chairman Ian Tucker. they lease from the State are there to deny To underline their significance the State’s Aboriginal people their traditional connection Deputy Premier, Eric Ripper MLA, witnessed to country, despite the State’s Aboriginal Heri- the signing. Nowhere in Australia had an tage Act saying differently. agreement of this kind for a region the size of the Goldfields been concluded before. The Mabo decision of 1992 brought a resur- gence of pastoralists’ fears of an Indigenous The preamble to the agreement acknowledges land grab, prompting strong opposition to the importance of coexistence, noting the re- native title by their representative body, the ality that pastoralists and Aboriginal people WA Pastoralists and Graziers Association share the same land. It goes on to confirm the (PGA). Long forgotten resentments suddenly importance to Aboriginal people of access to re-emerged in the court rooms and in the me- traditional lands, including lands subject of dia. pastoral leasehold; and the importance to pas- toralists of being able to use and enjoy their So, when the PGA put pen to paper in Febru- pastoral leases in a secure and efficient man- ary this year to lay down a set of principles by ner. Native Title Newsletter No.4/2003 3 The same conciliatory spirit is embodied in ‘The Tribunal congratulates all the parties in- the 14 principles. They address the rights of volved. This is yet another example of what both groups in a fair and equitable way, cover- can be achieved through straight talking and ing issues such as the rights of pastoralists to cooperation,’
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