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Last Chance to Register for the Native Title Conference 2012 March/April, No. 2/2012 Last chance to Native Title Conference 2012 .................................................... 2 Forthcoming publication by the Native Title Research Unit .. 2 register for the Joint management workshop: Towards a community of practice ....................................................................................... 3 Native Title Yawuru joint management in the Kimberley ........................... 4 Case note: Commonwealth of Australia v Akiba on behalf of Conference 2012 the Torres Strait Islanders of the Regional Seas Claim Group .......................................................................................... 5 NTRB Legal Precedents Database ........................................... 8 Visit the conference website at: What’s new? ............................................................................... 8 Recent cases ................................................................... 8 http://www.aiatsis.gov.au/ntru/NTC12.html Native title publications ............................................... 17 Legislation ..................................................................... 17 Native title in the news ................................................. 18 SUBSCRIBE to the Native Title Indigenous land use agreements ........................................... 21 Newsletter electronically by Determinations ......................................................................... 21 emailing [email protected] Featured items in the AIATSIS Catalogue ............................. 22 2 March/April, No.2/2012 The Townsville community is holding the Native Title Conference 2012 Reconciliation Festival to celebrate the 20th anniversary of the Mabo decision. This festival will be held on the weekend prior to the conference. Part of this festival will be „March along the Strand‟ on Saturday 2 June, where traditional games, food, performances and storytelling will take place. There will also be guest speakers and trade stalls. On Sunday 3 June, the community will hold a Mabo decision 20th anniversary commemoration ceremony at the Mabo monument, Victoria Bridge, Townsville. A program detailing the festivities can be found on our website. AIATSIS is proud to be part of these festival celebrations. The conference will conclude with a dinner to be held at the Townsville Entertainment and Convention Centre. There will be entertainment from local Indigenous bands and great food. Don‟t forget to include the dinner when you register. A reminder as well that Townsville will be very busy before and during the conference. It is strongly By Jennifer Jones, Native Title recommended you register for the conference as Conference Manager, NTRU, AIATSIS. soon as possible. When you do register, please also book your accommodation. Our The annual National Native Title Conference is only accommodation provider, In House Event Solutions weeks away and will be held at the Townsville has negotiated good prices for rooms throughout Entertainment and Convention Centre from 4-6 the city and you don‟t want to miss out! June 2012. The conference will be co-convened by AIATSIS and the North Queensland Land Council For more information visit the conference website on the lands of the traditional owners of the greater at: http://www.aiatsis.gov.au/ntru/NTC12.html Townsville region. Speakers that have been confirmed include: Forthcoming publication by The Attorney General for Australia, the the Native Title Research Unit Hon. Nicola Roxon. Mr Neil Sterritt, one of the principal The NTRU has been preparing a special book for architects of the Delgamuukw v Queen th Aboriginal title court case, which was the 20 anniversary of the Mabo decision. The decided by the Supreme Court of Canada Limits of Change: Mabo and Native Title 20 Years in 1997. On, edited by Toni Bauman and Lydia Glick, will be Mr Mick Gooda, Social Justice launched at the AIATSIS Native Title Conference in Commissioner. Townsville in June. Professor Michael Dodson AM, Introduced by Mick Dodson, the volume consists of Chairperson of AIATSIS. 34 chapters by those who were close to The representatives from native title the Mabo case, or the negotiations leading up to representative bodies and service the enactment of the Native Title Act, or who for the providers. past two decades have helped shape native title Professor Marcia Langton. outcomes. The volume includes perspectives from native title claimants and holders, community, political and corporate leaders, legal practitioners, The theme “Echoes of Mabo: Honour and researchers and government administrators. To Determination” was selected to honour and th purchase this book please email recognise the 20 anniversary of the Mabo [email protected]. All early orders for the decision. In line with our theme, we have chosen book (before 31 May) will be sold at a discounted the artwork of Alick Tipoti for our logo. Mr Tipoti is price of $20.00. a Torres Strait Islander artist and is well known throughout the Townsville and Torres Strait Islands region. 3 March/April, No.2/2012 Joint management workshop: Day 2 involved a discussion on a range of issues Towards a community of impacting on joint management, including potential in the dedication of Indigenous Protected Areas practice („IPAs‟) over multi-tenures, including National Parks; and the manner in which IPAs can be used Desert Park, Alice Springs, 3-4 April as a whole of country planning tool and an 2012 alternative pathway to joint management. Each jurisdiction outlined their current approaches to Gabrielle Lauder and Toni Bauman, marine areas and the emerging potential for joint management over marine areas. Although there AIATSIS has been limited progress in joint management over marine areas to date, there is a growing awareness Joint management broadly refers to an agreement of the need to address Indigenous interest in sea between native title holders and the relevant country management. government regarding the management of national parks and other conservation or protected areas. Participants showed a strong commitment to sharing information The NTRU has about their joint been researching management joint management models and agreements successful case through a series of studies. This workshops and has information will now been investigating be used to inform the concept of a the development of „community of a community of practice‟, a national practice or learning community of portal, with the aim effective joint of providing cross- management jurisdictional practice. support for joint management The most recent practices. Some workshop, „Joint suggestions for the Management of content included Protected Areas in Participants of the 'Towards a Community of Practice' workshop digital information Australia Workshop: sharing, a range of toolkits, web-based forums for Native Title and Other Pathways towards a discussion, research to benefit stakeholders, and Community of Practice‟, brought together email networks. government staff working in joint management to share information about each jurisdiction‟s The workshop also looked to what is possible approach to joint management outcomes and to beyond the current restraints. It was apparent from identify practical issues that should be addressed in feedback discussion and evaluation forms that the developing a community of practice. It is intended participants highly valued the workshop and that a that this workshop will inform a series of workshops range of further workshops would be constructive to later in 2012 which will involve native title holders facilitating a strong dialogue with traditional owners and traditional owners, representatives of NTRBs and other joint management stakeholders. and other joint management stakeholders. The NTRU will be publishing a report to provide a Day 1 of this workshop was devoted to each more detailed account of the workshop, which will jurisdiction giving an overview of their joint or co- be made available through the NTRU Joint management arrangements, including their Management webpage: respective challenges and successes. Access to http://www.aiatsis.gov.au/ntru/jointmanagement.html country and the right to care for country was identified as an increasingly common outcome sought by traditional owners through joint management arrangements. However, a challenge in achieving this is matching the aspirations of joint management partners with their capacities. 4 March/April, No.2/2012 and implementation of management plans for the Yawuru joint management in estate. The estate management plans that are the Kimberley currently being developed are guided by the Yawuru cultural management plan, which was By Sharon Ferguson, Department of produced as an outcome of the ILUAs. The cultural management plan was prepared by Yawuru people Environment and Conservation (WA) to explain the importance of Yawuru buru and culture, and how they will be protected, nurtured Situated in Western Australia‟s Kimberley region is and passed on to future generations. Yawuru buru (country). The Yawuru people are the traditional owners of the lands and waters in and around Broome. Part of the resolution of the Yawuru native title determination in 2010 was the identification of a new conservation estate under two Indigenous land use agreements („ILUAs‟) signed by Yawuru and the Western Australian („WA‟) Government. The new Yawuru conservation estate comprises around 100,000 hectares of lands and waters to be jointly managed by Yawuru, the WA Government and the
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