Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
---|---|---|---|---|---|
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 | |
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 | |
Exercising native title rights and interests | Lisa Eaton | Traditional owners- native title claimants- native title holders- members of a prescribed body corporate. Who holds what native title rights? How can you exercise such rights? Post determination rights and interests are managed through a corporation governed by western laws and values. As is now well documented, this very structure required under the Native Title Act is often at odds with Indigenous decision making structures. This paper will begin to examine post determination issues surrounding the complex and layered network of native title ‘memberships’ and the parameters within which they must operate. There is often a fundamental misunderstanding as to how traditional rights and interests can be exercised and fully leveraged by Aboriginal and Torres Strait Islander people. In order to effectively manage native title greater clarity is required. |
Decision making, NNTC (National Native Title Council) | Presentation | |
The two-way governance resources | Ninti One | The Two-way Governance Resource has been designed to support and promote two way learning and informed decision making (related to mainstream governance) in remote Aboriginal Communities in the Northern Territory. |
Community, Decision making, Governance | Presentation | |
Traditional decision making in native title - finding a pathway through the cultural, legal and administrative maze | Mr Graham Castledine, Mr Royce Evans, Elaine James | Since the commencement of the Native Title Act, traditional owners have been asked to negotiate and make important decisions concerning their native title. While the Act allows for and even encourages the use of traditional decision making, this is required to be blended with modern Western notions of corporate governance and meeting procedures. The recent decision of the Federal Court in McGlade has underlined some of the difficulties associated with the requirements of the Act for reaching decisions on important matters, and has raised questions about the proper roles of the registered native title claimants and the broader native title community. After native title has been determined, traditional owners must develop complex processes which accommodate longstanding cultural norms as well as the onerous requirements of the NTA and CATSI Act. If not handled maturely and sensitively, these processes can result in feelings of disempowerment and disengagement as well as causing or exacerbating intra-indigenous conflict. The paper will examine Court decisions which have highlighted problems with the cultural clashes which have resulted from the current system and also look at some innovative approaches which one PBC is developing in order to truly honour the cultural knowledge of the traditional owners. For access to Castledine, Evans & James' paper on the topic follow this link. |
Decision making, PBCs (Prescribed Body / Bodies Corporate) | Presentation | |
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 |