Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
---|---|---|---|---|---|
About Future Acts | National Native Title Tribunal | Webpage from the National Native Title Tribunal detailing basic information about future acts. |
Future acts, ILUA (Indigenous Land Use Agreement), PBCs (Prescribed Body / Bodies Corporate) | Website | |
Commercial opportunities from Native Title: The Antakirinja Matu-Yankunytjatjara peoples' journey to economic benefit | Ian Crombie, John Hender | The Coober Pedy region of South Australia is the traditional country of the Antakirinja Matu-Yankunytjatjara people. The Native Title journey of the Antakirinja Matu-Yankunytjatjara people started in 1995 when their claim commenced. After achieving Native Title determination, successfully negotiating a number of ILUAs and winning their first major commercial contract, their journey continues today. This session will discuss the experiences of the Antakirinja Matu-Yankunytjatjara people and how they have used Native Title to help achieve their community aspirations. Ian Crombie, Antakirinja Matu-Yankunytjatjara Aboriginal Corporation vice-chairman and Elder, will describe the many obstacles, decisions, learnings and successes, that have brought the Antakirinja Matu-Yankunytjatjara people to where they are in their journey today. Importantly, he will discuss the challenges of balancing immediate community needs with both commercial opportunities and future goals. |
Commercial development, Community development, Future acts, Land and sea management, Mining, Strategic planning, Trusts | Presentation | |
Fee for Service in Indigenous Land and Sea Management: Impact Assessment and Analysis | Winangali PTY LTD | This evaluation report identifies experiences, motivations, supporting mechanisms, barriers and impacts of fee-for-service commercial activities undertaken by Indigenous Land and Water Management (ILWM) organisations. The report draws on a literature review, interviews with ILWM organisations, administrative data, in-depth case studies, and online survey data. |
Commercial development, Fee for service, Land and sea management | Report | |
Future Acts for PBCs | Aurora | Information about Future Acts for PBCs. |
Future acts, ILUA (Indigenous Land Use Agreement), PBCs (Prescribed Body / Bodies Corporate) | Information Sheet | |
Governance for good: The ACNC’s guide for charity board members | Australian Charities and Not-for-profits Commission | This guide is for people who are, or are thinking of becoming, board members of a charity registered with the Australian Charities and Not-for-profits Commission (ACNC). It focuses on good governance and how it helps charities in the context of their obligations. |
Board, Charity, Governance | Guide | |
Hunting, shooting, fishing: the content of native title rights and the right to take and use resources for commercial purposes | Elizabeth Harvey | The recognition of native title in the Mabo decision has led to consideration and debate in the media and the Australian community over the content and scope of native title rights for hunting, fishing and the taking and using of resources. This presentation will look at the content of these native title rights, and how they are understood and regulated, including the protections in section 211 of the Native Title Act, the effect of the decision in Yanner v Eaton (1999) 201 CLR 351, and how this interacts with other environmental management and threatened species legislation. It will then look forward to more recent recognition of commercial fishing and trading rights, as considered in Akiba on behalf of the Torres Strait Islanders of the Regional Seas Claim Group v Queensland (No 2) [2010] FCA 643 and Rrumburriya Borroloola Claim Group v Northern Territory of Australia [2016] FCA 776, how those rights can be demonstrated and their interaction with government regulation. |
Commercial development, Fishing, Hunting, Right to take | Presentation | |
Indigenous land use agreements (ILUAs) for PBCs | Aurora | This factsheet details the roles and requirements of PBCs entering into Indigenous Land Use Agreements (ILUAs). This factsheet provides an overview of the various types of ILUAs as well as some of the legal requirements and processes needed for the future act(s). Please note some of this information may be outdated. |
Agreements, Future acts, ILUA (Indigenous Land Use Agreement), PBCs (Prescribed Body / Bodies Corporate) | Information Sheet | |
Information for PBCs on changes to native title laws and obligations | CATSI Act, Decision making, Dispute management, Exemptible rules, Future acts, ILUA (Indigenous Land Use Agreement), Legal, Native Title Act, Native title holder, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate), Reporting | Fact sheet | |||
Living with native title: the experiences of registered native title corporations | Toni Bauman, Lisa M Strelein, Jessica K Weir | Much of the attention paid to native title in Australia has focused on court proceedings and other legalities, but what does it actually mean to live with native title? This book presents the experiences of native title holders and the corporations they have established to look after their native title interests. The influence of the renowned High Court Mabo case is such that there are already more than 100 Registered Native Title Bodies Corporate (RNTBCs) across Australia with responsibilities for about 18 per cent of the continent. RNTBCs operate in a profoundly intercultural context where ‘western’ and Indigenous laws are constantly interpreted and negotiated as part of a new suite of landholding and land management practices for contemporary Australia. Through seven case studies from the Torres Strait, Far North Queensland, the Kimberley and Central Australia, Living with native title documents the experiences of RNTBCs, including those that are parties to large mining agreements. Each case study is accompanied by a short update written immediately prior to publication. Living with native title is a product of the AIATSIS research project Prescribed Bodies Corporate: Research Action Partnerships. |
Agreements, AIATSIS, Future acts, ILUA (Indigenous Land Use Agreement), Indigenous knowledge, Indigenous law, Joint Management, Native Title Act, NTRB (Native Title Representative Body), Partnerships | Book | |
Native Title Information Handbooks - PBC Funding and Training Guide | The Native Title Information Handbooks provide a summary of resources and information relating to key areas of native title. The Handbooks provide information about:
|
Agreements, Determinations, Future acts, IPA (Indigenous Protected Areas), Land and sea management, Land and water, NNTC (National Native Title Council), NTRB (Native Title Representative Body), NTSP (Native Title Service Provider), PBC Regulations, PBCs (Prescribed Body / Bodies Corporate) | Information Sheet | ||
Native title newsletter | AIATSIS Research | This native title newsletter provides an overview of PBCs' pricing structure. |
Fee for service, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate) | Newsletter | |
PBC decision-making, certification and fees for service | National Indigenous Australians Agency | This Discussion Paper explains how native title decisions and decisions to make a compensation application are to be made by Prescribed Bodies Corporate (PBCs) and explains the decision-making processes available to PBCs and common law holders. It also includes information on when PBCs can charge fees for their services. |
Decision making, Fee for service | Report | |
PBC decision-making, certification and fees for service discussion paper | CATSI Act, Compensation, Decision making, Exemptible rules, Fee for service, ILUA (Indigenous Land Use Agreement), Legal, Members, Native Title Act, Native title holder, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate), Rule book | Fact sheet | |||
Planning for your community | Rhonda Jacobsen, Jasmine Clubb, Alwyn Lyall | The future act regime provides a mechanism through which some native title holders are in a position to negotiate compensation for the impact of the future acts on their native title rights and interests. In representing clients in negotiations and assisting with implementation of agreements, we were concerned that the native title groups had for so long focused on securing their native title determinations that they had not had the opportunity to review their community aspirations and needs. Such a review would provide the groups with a stronger negotiating position and implementation of the agreement can be more rigorous. In 2013 the Future Act Mining and Exploration (FAME) Unit embarked on a new initiative of 'Community Planning' with certain native title groups who were affected by mining and exploration. In 2016, the 'Western Yalanji People Community Plan' was nominated for, and won a commendation award in the Public Engagement and Community Planning category of the Planning Institute of Australia Awards, held in Brisbane. This presentation explores the community planning process and discusses the outcomes and achievements arising from the Western Yalanji People Community Plan. |
Community development, Compensation, Future acts, ILUA (Indigenous Land Use Agreement), PBCs (Prescribed Body / Bodies Corporate) | Presentation | |
Prescribed Bodies Corporate: Charging fees for services | Lisa Strelein | An outline of some of the legal issues surrounding PBCs charging fees for service and what PBCs can and cannot charge fees for. |
AIATSIS, AUSTLII, Fee for service | Article / paper | |
Review of fees charged by RNTBCs for certain native title functions | Office of the Registrar of Indigenous Corporations | This policy statement provides guidance on how the Registrar of Aboriginal and Torres Strait Islander Corporations (the Registrar) deals with requests for an opinion as to whether a fee charged by a registered native title body corporate (RNTBC) to a third party for certain native title functions is one that can be charged. |
Fee for service, Native Title Act, PBCs (Prescribed Body / Bodies Corporate) | Report | |
To be, or not to be, a charity: that Is the question for Prescribed Bodies Corporate under the Native Title Act | Dr Fiona Martin | This article evaluates the taxation concessions and other advantages that flow from being a charity and how these might apply to native title groups under the Native Title Act 1993 (Cth). Specifically, it examines the role of the Prescribed Body Corporate (‘PBC’) under the Native Title Act and the potential for, and limitations of, these bodies carrying on business, engaging in community development and accumulating funds whilst also having charitable status. |
Business, Charity, Native Title Act, PBCs (Prescribed Body / Bodies Corporate) | Article / paper | |
Valuing native title compensation after De Rose and Griffiths (No. 3) | Vance Hughston | Mr Hughston SC will discuss the approach taken by the Court in Griffiths v Northern Territory of Australia (No 3) [2016] FCA 900 (Timber Creek) to the assessment of compensation and in particular the division of the award of compensation into components of economic and non-economic loss. Mr Hughston SC will discuss the uncertainties associated with both components. |
Compensation, Future acts, Legal, Native Title Act, Past acts | Presentation |