Resources and publications

This report, conducted for the Department of Regional Development, addresses the question of how effective agreements arising from native title determinations are at meeting the needs and aspirations of Aboriginal peoples who have achieved, or are pursuing (through registered native title claims), legal recognition as native title holders. The report research is based on a review of relevant academic and ‘grey’ literature as well as case studies of the experiences of three Western Australian Aboriginal native title groups in their efforts to leverage agreements with government and industry to enhance their wellbeing and pursue their aspirations.

Webpage from the National Native Title Tribunal detailing basic information about future acts. 

Landing page on the National Native Title Tribunal website providing information on Indigenous Land Use Agreements (IULAs). 

Native title involves an interface between the Australian legal system and Indigenous legal, cultural and political systems. The assertion and management of native title rights involves collective action by sometimes large and disparate groups of Indigenous people. Contentious politics makes such collective action difficult and the courts will often be asked to decide whether group decisions have been validly made. In the last two decades a vast and complex body of law and practice has developed to address this challenge.

Authorisation law is a set of principles about how the views and intentions of native title claimants or holders are translated into legally effective decisions. This book sets out the legal rules and their application in various situations: native title claims, native title agreement-making, decision-making by native title corporations, and compensation applications. It also addresses key practical, ethical and political dimensions of native title decision-making.

This book will be useful for native title practitioners including lawyers, judges and native title holders. It will also be relevant to academic research into the ethical, political and anthropological dimensions of Indigenous governance.

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.

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.

Information about Future Acts for PBCs. 

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.

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. 

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.

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.

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 Native Title Report 2001 looks at the right to negotiate and human rights, resourcing in the Native Title System and negotiating co-existence through framework agreements.

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.

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.

Overview of native title, ILUAs, NTRBs and PBCs.

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.

In a new world where there are increasing numbers of Australian Aboriginal Peoples obtaining positive native title determinations across large tracts of local government and/or nature conservation regulated lands:

1. it is noted that in Queensland new local government statutory land use planning legislation excludes registered native title holders from standard development application owner's consent requirements and associated notification requirements
2. it is further noted the relevant Queensland Department of Infrastructure, Local Government, and Planning is preparing proposed new statutory planning options for Aboriginal peoples including particularly registered native title holders
3. it is also noted the statutory authority responsible for the management of 900 000 hectares of Wet Tropics World Heritage is reviewing its statutory land use management plans and the board of that Authority is seeking Aboriginal owners (native title) free, prior and informed consent to revise thier statutory management plan

Noting all the above Vincent Mundraby & Bruce White will assemble Queensland statutory land use planning specialists and agency representatives, and facilitate a workshop around the above two Queensland statutory planning case studies to discuss and explore how registered native title holders might be better integrated into statutory land use planning across Queensland & Australia.