Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
---|---|---|---|---|---|
Native Title Report 2004 | 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. |
Commercial development, Community development, ILUA (Indigenous Land Use Agreement), Native Title Act | Report | |
Native Title Report 2007 | 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. |
Collaboration, Fishing, ILUA (Indigenous Land Use Agreement), Native Title Act, Water rights | Report | |
Native Title, Indigenous Land Use Agreements, Native Title Representative Bodies and Prescribed Body Corporates | Torres Strait Regional Authority | Overview of native title, ILUAs, NTRBs and PBCs. |
ILUA (Indigenous Land Use Agreement) | Information Sheet | |
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 | |
Owner's Consent? Pursuing Statutory Land Use Management Planning and Development Approval Rules for Registered Native Title Holders | Bruce White, Vincent Mundraby | 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:
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. |
Agreements, ILUA (Indigenous Land Use Agreement), PBCs (Prescribed Body / Bodies Corporate) | Presentation | |
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 | |||
PBCs Working in Two Worlds | Aurora | The first document sets out some background information about what a lawyer is and their duty to you as a client. The second document outlines some questions that you may like to ask a lawyer when you are seeking advice on native title matters. |
Governance, Government, Indigenous knowledge, Indigenous law, Legal, PBCs (Prescribed Body / Bodies Corporate) | Website | |
Planning for your community | Rhonda Jacobsen, Jasmine Clubb, Alwyn Lyall | The future act regime provides a mechanism through which some native title holders are in a position to negotiate compensation for the impact of the future acts on their native title rights and interests. In representing clients in negotiations and assisting with implementation of agreements, we were concerned that the native title groups had for so long focused on securing their native title determinations that they had not had the opportunity to review their community aspirations and needs. Such a review would provide the groups with a stronger negotiating position and implementation of the agreement can be more rigorous. In 2013 the Future Act Mining and Exploration (FAME) Unit embarked on a new initiative of 'Community Planning' with certain native title groups who were affected by mining and exploration. In 2016, the 'Western Yalanji People Community Plan' was nominated for, and won a commendation award in the Public Engagement and Community Planning category of the Planning Institute of Australia Awards, held in Brisbane. This presentation explores the community planning process and discusses the outcomes and achievements arising from the Western Yalanji People Community Plan. |
Community development, Compensation, Future acts, ILUA (Indigenous Land Use Agreement), PBCs (Prescribed Body / Bodies Corporate) | Presentation | |
Solid work you mob are doing: Case Studies in Indigenous Dispute Resolution and Conflict Management in Australia | National Alternative Dispute Resolution Advisory Council, AIATSIS, Community Justice Centres, Legal Aid, Northern Territory Government, State Government Victoria | The Indigenous Dispute Resolution and Conflict Management Case Study Project aims to provide evidence-based research and resources to support the development of more effective approaches to managing conflict involving Indigenous Australians. The objective of the Project is to deliver recognition and support for the solid work that is being carried out and to enable current practices to be refined and extended. Its conclusions are intended to support, consolidate and build on Indigenous knowledge and experience. They are not intended as a substitute for that knowledge and experience. |
Dispute management, Indigenous law, Legal | Report | |
Strengthening partnerships for people and country | Cissy Gore-Birch, Dr Beau Austin | Indigenous land and sea management in Australia is an example of how partnerships between Traditional Owners, governments, industry and NGOs can produce positive outcomes for both people and Country. There are now over 700 Indigenous people employed as Indigenous rangers across Australia. These jobs are producing positive environmental, social, cultural and economic outcomes. However, it is acknowledged that for continued growth increased effort is required in two primary areas:
Bush Heritage Australia is partnering with Traditional Owners, the CSIRO and Charles Darwin University to collaboratively design mechanisms for strengthening partnerships by empowering Traditional Owners to better articulate knowledges-practices-beliefs that underpin their success. Increased awareness of this ‘logic’ will assist the development of multiple knowledge-based mechanisms for monitoring, evaluating and reporting outcomes to investors. These mechanisms will strengthen existing partnerships, open pathways for diversified investments, and realise conservation goals through the effective management of Country as complex social-cultural-environmental systems. |
ILUA (Indigenous Land Use Agreement), Partnerships | Presentation | |
Wearing two hats: The conflicting governance roles of native title corporations and community/shire councils in remote Aboriginal and Torres Strait Islander communities | Dr Tran Tran, Clair Stacey | Aboriginal and Torres Strait Islander community governance can be greatly impacted by the nature of the land tenure held or managed by the community. The fragmented system of national and state regimes which provide grants or titles of land to Aboriginal and/or Torres Strait Islander people has enabled a governance landscape where there are often overlapping rights to land. This creates a situation where relationships within an Indigenous community – and even within a traditional owner group – are competing for power and control. This is most notable with respect to how different community organisations compete for community funding, the durability of culturally appropriate governance structures and the taking of natural resources. The ability of an Indigenous community to resolve potential conflicts, created by the recognition of native title and adapt to the post-determination landscape also impacts upon a communities’ ability to respond to external pressures such as land use planning, water management and government initiated tenure reform processes. Often these conflicts appear between Registered Native Title Bodies Corporate and community or local shire councils – who have historically played the role of land manager and program administrator. This paper looks at the role of cultural governance in supporting the recognition of Indigenous landholdings and the reasons that Indigenous landholdings, in their current form, have failed to be effective in adequately mobilising economic, social and cultural resources to achieve social, cultural, environmental and health benefits in remote Indigenous communities in Western Australia and Queensland. |
Governance, ILUA (Indigenous Land Use Agreement), Joint Management, Legal, Native Title Act, PBCs (Prescribed Body / Bodies Corporate) | Article / paper |