Resources and publications

Since 2016, AIATSIS has contributed to a number of reviews of the CATSI Act including the Technical Review of the CATSI Act (2017) and CATSI Review Phase 1 (2020). Throughout this report, the AIATSIS researchers refer to the AIATSIS submissions for both of these reviews.

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.

Native title materials created in the process of native title, land claim and cultural heritage work include individual statements, expert reports, genealogies, field notes and other materials. This paper addresses some of the legal issues arising in relation to the transfer of research material from NTRB/SPs to RNTBCs.