Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
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Board Code of Conduct | PBC website | This template can be used to establish a plain English Code of Conduct for board members or your general PBC staff. |
Board, CEO, Chairperson, Code of Conduct, Induduction, Secretary, Staff | Checklist | |
Brief index of materials relating to native title compensation research | This information sheet provides brief information about materials relating to native title compensation research. |
Compensation, Culture, Research | Information Sheet | ||
Compensation fact sheet | National Native Title Council | This fact sheet provides general information for native title compensation under the Native Title Act 1993 (NTA). |
Compensation, Native Title Act | Fact sheet | |
Conservation management and native title: opportunities for indigenous ownership | Polly Grace, Terry Piper, Matthew Salmon | While Indigenous people make up just five percent of the global population, the areas they manage contain approximately 80 percent of the Earth’s biodiversity. In this context, there is an undeniably central role for Indigenous people to play in conservation management, but conversely, a significant risk that indigenous rights will be negatively impacted or undermined by conservation agendas. This panel will explore Indigenous experiences with conservation management, highlighting the opportunities and challenges faced by native title holders within this context. |
Caring for Country, Environment, Indigenous knowledge, IPA (Indigenous Protected Areas), Land and sea management, Rangers / caring for country | Presentation | |
Consolidated report on Indigenous Protected Areas following Social Return on Investment analyses | Social Ventures Australia | PM&C commissioned SVA Consulting to understand, measure or estimate and value the changes resulting from the investment in five IPAs across Australia. The Social Return on Investment (SROI) methodology was used to complete each of these analyses, which were informed by interviews with 143 stakeholders as well as desktop research canvassing relevant qualitative and quantitative data. |
Caring for Country, Community development, IPA (Indigenous Protected Areas), Land and sea management, Tourism, Training | Report | |
Developing a National Indigenous Land and Sea Managers Network | Duane Fraser | Australian Indigenous land and sea managers have repeatedly called for an independent national Indigenous land and sea managers network. Such a network would link top down and bottom up information exchanges, promoting shared understandings of issues and opportunities. The network would provide government with a vehicle to both inform and learn from local Indigenous groups, including community rangers, on local, national and international matters of environmental significance. It also provides an opportunity for Indigenous managers to come together to develop positions on policy that affects land and sea management such as Working on Country and Indigenous Protected Areas. The network would not do business on behalf of people or replicate existing local or regional networks or institutions, but would provide strategic support, coordinate communication and identify opportunities for group to group skills and knowledge exchange. The network aims to provide professional support through a coordinated learning environment that facilitates the identification of effective resources, research, technologies and tools for use by Indigenous land and sea managers within Australia. This workshop provides an opportunity for Land & Sea Managers to come together to discuss the purpose and scope of a national network, including governance, networking and membership. |
IPA (Indigenous Protected Areas), Land and sea management, Partnerships, Rangers / caring for country | Presentation | |
Free prior and informed consent, engagement and consultation An emerging bibliography | Toni Bauman, Zeljko Jokic, Dr Christiane Keller, Lara Wiseman | An emerging bibliography on free prior and informed consent, engagement and consultation. |
Ethics, FPIC (Free Prior Informed Consent) | Report | |
Implementing native title: Indigenous leadership in land and water livelihoods | Rod Kennett, Tran Tran, Leah Talbot, Timothy Heffernan Matthew Barton | This report is based on the workshop, Implementing native title: Indigenous leadership in land and water livelihoods, held at the 2015 National Native Title Conference, 16-18 June, Port Douglas, Queensland. It details the ways several Indigenous communities from around Australia are implementing their rights and interests following the restitution of their land and sea territories. |
AIATSIS, Carbon farming, Fishing, ILUA (Indigenous Land Use Agreement), Indigenous knowledge, IPA (Indigenous Protected Areas), Land and sea management, Rangers / caring for country | Report | |
Indigenous partnerships in protected area management in Australia: three case studies | Toni Bauman, Dr Dermot Smyth | AIATSIS completed three case studies in the joint management of conservation and Indigenous Protected Areas (IPAs) in partnership with the Australian Collaboration, the Australian Conservation Foundation (ACF) and the Poola Foundation (Tom Kantor Fund), as part of the AIATSIS 'Success in Aboriginal Organisations' Project. Within this project, Ms Toni Bauman completed a case study of Nitmiluk (Katherine Gorge) National Park. Mr Dermot Smyth carried out two case studies on the Dhimurru Indigenous Protected Area and the Booderee National Park in the ACT. |
AIATSIS, Environment, IPA (Indigenous Protected Areas), Joint Management | Book | |
Indigenous Protected Areas | Department of Agriculture, Water and the Environment | About Indigenous Protected Areas |
IPA (Indigenous Protected Areas) | Website | |
Indigenous Protected Areas - Overview | Parks Australia | Overview of IPAs from Parks Australia |
Indigenous knowledge, IPA (Indigenous Protected Areas), Land and sea management | Video | |
Joint management of protected areas in Australia: native title and other pathways towards a community of practice | Toni Bauman, Claire Stacey, Gabrielle Lauder | On 3 and 4 April 2012, the Northern Territory Department of Natural Resources, Environment, The Arts and Sport (NRETAS) and the Native Title Research Unit (NTRU) at the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) convened a workshop of state, territory and Commonwealth government staff working in joint management and native title at the Alice Springs Desert Park. The workshop was titled Joint Management of Protected Areas in Australia: Native Title and Other Pathways towards a Community of Practice. This report captures the workshop where government staff working in joint management shared information about their approach and identified practical issues in developing a community of practice.
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AIATSIS, Community development, IPA (Indigenous Protected Areas), Joint Management | Report | |
Native Title Anthropology after the Timber Creek Decision | Pamela Faye McGrath | In August 2016, the traditional owners of Timber Creek in the Northern Territory, the Ngaliwurru and Nungali peoples, were awarded over $3.3 million for the loss of their native title rights. $1.3 million of this award was a solatium payment, that is, compensation for hurt arising from damage caused by the loss of connection to the land. Griffiths v Northern Territory of Australia (No 3) [2016] FCA 900 (Timber Creek), which was heard by Justice John Mansfield, is the courts first litigated award of compensation for the loss or impairment of native title rights. In making his decision, Justice Mansfield relied on the evidence of anthropologists when assessing not only connections to country, but also the qualities and consequences of the social impacts that accompany the loss of connections to country. This paper considers the implications of the Timber Creek decision for the work of native title anthropologists and highlights some of the conceptual and methodological shifts required for research on native title compensation claims. The author draws attention to the demanding nature of native title compensation cases and the potential for research to aggravate existing trauma associated with loss of country, arguing for the need for all involved to be attentive to this risk when pursuing future claims. Recommended citation: McGrath, PF 2017, Native Title Anthropology after the Timber Creek Decision, Land, Rights, Laws: Issues of Native Title series, vol. 6, no. 5, AIATSIS Research Publications, Canberra. |
Compensation, Legal, Native Title Act | Article / paper | |
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:
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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 Report 2010 | Australian Human Rights Commission | Under the Native Title Act 1993, the Social Justice Commissioner is required to prepare a Native Title Report each year for federal Parliament. Through these reports the Commissioner gives a human rights perspective on native title issues and advocates for practical co-existence between Indigenous and non-Indigenous groups in using land. |
Agreements, FPIC (Free Prior Informed Consent), Native Title Act, Partnerships | Report | |
Native Title Report 2012 | Australian Human Rights Commission | Under the Native Title Act 1993, the Social Justice Commissioner is required to prepare a Native Title Report each year for federal Parliament. Through these reports the Commissioner gives a human rights perspective on native title issues and advocates for practical co-existence between Indigenous and non-Indigenous groups in using land. The 2012 Native Title report includes a section on Indigneous Governance and a human rights approach to Indigenous governance. |
Carbon farming, Compensation, Governance, Human rights, Indigenous knowledge | Report | |
Our Country Our Way: Guidelines for Australian Indigenous Protected Area Management Plans | R Hill, F Walsh, J Davies, M Sandford | Our Country Our Way has been written for the managers of IPAs, IPA and Co-Management Consultation Projects, and their staff. Their primary aim is to provide practical guidance about how to achieve Management Plans that recognise the connections between Indigenous people, country, traditional law and culture, while also meeting national and international standards for protected area management. In so doing, this document invites planners and others to enter an Indigenous conceptual terrain and consider some highly innovative and at times challenging intercultural adaptations. The Guidelines draw on examples from IPAs and Co-Management Consultation Projects around Australia to illustrate the unique cultural settings and vibrant Indigenous management strategies on country. |
Indigenous knowledge, Indigenous law, IPA (Indigenous Protected Areas), Land and sea management | Report | |
Pathways to the co-management of protected areas and native title in Australia | Toni Bauman, Chris Haynes, Gabrielle Lauder | In recent decades, various forms of co-management of national parks and other protected areas1 by governments and Indigenous people have come to the fore. This has occurred as Indigenous peoples have progressively demanded greater access to and decisionmaking power over their traditional lands. The response of governments has also seen the aligning of a number of policy approaches that have contributed to an increase in attention to co-management. In the first instance, there has been a rapid rise in the number of protected areas in Australia since the 1960s, and this is continuing as the Commonwealth Government aims to increase the size of the Australian National Reserve System (NRS) by 25 per cent and Australia’s network of terrestrial protected areas to 125 million hectares by 2013 (Caring for Our Country 2013a).2 In addition, at least 16 per cent of Australia’s land area is now held by Indigenous peoples under a range of tenures, with much of this land being of high biodiversity value (Altman & Kerins 2012). As a mechanism for adding new protected areas to the NRS, the Commonwealth Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) has an Indigenous Protected Area (IPA) program that supports traditional owners of lands or seas who voluntarily dedicate their lands as protected areas to promote biodiversity and cultural resource conservation. IPAs now form the second largest component of the National Reserve System, covering over 3 per cent of Australia and making up 23 per cent of the NRS (SEWPaC 2013b). |
AIATSIS, IPA (Indigenous Protected Areas), Joint Management | Article / paper | |
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 the future: maximising native title compensation through the use of future funds | Pamela Kaye, Glenys Hayes | A number of native title groups have seeded their own Future Funds and are growing an asset base to meet the needs of future generations. We will discuss the governance policies, investment strategies and transparent reporting structures of Future Funds, including their ability to take a long term view of investments and ride out world economic cycles. In Griffiths v Northern Territory of Australia (Timber Creek Decision) the Federal Court ordered that the Northern Territory Government pay $3.3M including $1,488,261 for interest, to the Traditional Owners as compensation. The court considered that ‘the appropriate interest calculation is simple interest’ as there was insufficient commercial activity to justify compounding returns. In this presentation we will explore how investing a portion of available funds in a Future Fund may influence the courts to apply compound interest. Economic modelling will demonstrate that with a Future Fund the settlement amount could’ve been entirely different. |
Compensation, Finance, Funding, Trusts | Presentation |