Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
---|---|---|---|---|---|
Check-up: Our dispute resolution processes | Australian Indigenous Governance Institute | All of the statements in this document are about the best-practice processes and systems your organisation has for managing disputes and addressing complaints, grievances and appeals. Tick your level of agreement or disagreement with each and then note what priority it is for your organisation. |
Dispute management, Governance, Resolution | Guide | |
Connection to Country: Review of the Native Title Act 1993 (Cth) (ALRC Report 126) | Australian Law Reform Commission | This report marks the first major review of ‘connection’ in native title claims—central to native title determinations—since the introduction of the Native Title Act. The report also examines authorisation of persons bringing native title claims and joinder of parties, and includes 30 recommendations for reform. |
Community development, Indigenous knowledge, Indigenous law, Native Title Act, Resolution | Report | |
Country, Native Title and Ecology | Jessica Weir (ed) | Country, native title and ecology all converge in this volume to describe the dynamic intercultural context of land and water management on Indigenous lands. Indigenous people’s relationships with country are discussed from various speaking positions, including identity and knowledge, the homelands debate, water planning, climate change and market environmentalism. The inter-disciplinary chapters range from an ethnographic description of living waters in the Great Sandy Desert, negotiating the eradication of yellow crazy ants in Arnhem Land, and legal analysis of native title rights in emerging carbon markets. A recurrent theme is the contentions over meaning, knowledge, and authority. |
Carbon farming, Environment, Indigenous knowledge, Water | Book | |
Emerging Issues in Land and Sea Management | Dermot Smyth, Rod Kennett, Tran Tran, Acacia Prince-Pike, Melanie Dulfer-Hyams | Report of a workshop held on Wednesday 4th June 2014 at the National Native Title Conference, Coffs Harbour, NSW, to map current and future research and resource needs for land and sea management. |
AIATSIS, Fishing, Land and sea management, NNTC (National Native Title Council), Water | Report | |
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 | |
Indigenous Facilitation and Mediation Project | AIATSIS | The Indigenous Facilitation and Mediation Project (‘IFaMP’ or ‘the Project’), located in the Native Title Research Unit at the Australian Institute of Aboriginal and Torres Strait Islander Studies, commenced in July 2003 and completed its third and final year in June 2006. The Project supported best practice approaches to Indigenous decision-making and conflict management, particularly in relation to the Native Title Act 1993, which emphasises agreement-making through non-adversarial approaches, such as mediation, facilitation and negotiation. This final report of the AIATSIS Indigenous Facilitation and Mediation Project provides a detailed discussion of the project, its findings and best practice approaches. |
AIATSIS, Dispute management, Resolution | Report | |
NAILSMA Information Hub | North Australian Indigenous Land and Sea Management Alliance | The North Australian Indigenous Land and Sea Management Alliance Ltd (NAILSMA) is a leader in finding practical solutions to support Indigenous people manage their land and sea resources into the future. NAILSMA, a not-for-profit company, has over a decade of experience in delivering complex and challenging programs across north Australia. |
Carbon farming, Commercial development, Community development, Indigenous knowledge, Rangers / caring for country, Water | Website | |
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 | |
Overturning aqua nullius: Securing Aboriginal water rights | Virginia Marshall | Overturning aqua nullius aims to cultivate a new understanding of Aboriginal water rights and interests in the context of Aboriginal water concepts and water policy development in Australia. |
Water, Water rights | Book | |
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 | |||
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 | |
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 |