Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
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Aboriginal land claims in the Northern Territory: Documenting and preserving the records and memories - Report of a Focus Group Meeting | Toni Bauman, David Parsons | This report shows the development of a user-friendly ‘first glance’ guide and template that will facilitate a broad assessment of an archive, particularly in the absence of the collection holder and provides the basis for discussions about deposits, returns and the legal status of particular documents. |
AIATSIS, Data sovereignty, Indigenous knowledge, Legal, Native title materials, Research | Report | |
Anthropology and connection reports in native title claim applications | Dr Julie Finlayson | This paper discusses the purposes and form of the reports, their differentiation from the NNTT registration process, considerations anticipating litigation, confidentiality and potential conflicts of interest by the State as respondent. |
AIATSIS, Dispute management, Government, Indigenous knowledge, Legal | Article / paper | |
Barni-Wardimantha Awara (Don’t Spoil the Country) – Yanyuwa Sea Country Plan | Dr John Bradley, Yanyuwa Families | The Yanyuwa people of the south-west Gulf of Carpentaria, have developed the Yanyuwa Sea Country Plan to explain the relationship between Yanyuwa people and our Sea Country; explain Yanyuwa people's concerns about current and future management of our Sea Country; set out objectives, strategies and actions to address Yanyuwa concerns and aspirations about sea country management; and propose options for working with government agencies, industry and other stakeholders to achieve our objectives, strategies and actions. |
Land and sea management, Land and water, Land rights, Water rights | Report | |
Hunting, shooting, fishing: the content of native title rights and the right to take and use resources for commercial purposes | Elizabeth Harvey | 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. |
Commercial development, Fishing, Hunting, Right to take | Presentation | |
Information for PBCs on changes to native title laws and obligations | CATSI Act, Decision making, Dispute management, Exemptible rules, Future acts, ILUA (Indigenous Land Use Agreement), Legal, Native Title Act, Native title holder, PBC Regulations, PBCs (Prescribed Body / Bodies Corporate), Reporting | Fact sheet | |||
International laws and developments relating to Indigenous knowledge in Australia | Maiko Sentina, Elizabeth Mason, Terri Janke, David Wenitong | This paper provides a snapshot of international instruments that Australia is a member to or is involved with across intellectual property, environment, human rights, cultural heritage and trade, shedding light on the discussions around Indigenous Knowledge protection and management. |
Environment, Heritage, Human rights, Indigenous knowledge, Legal | Article / paper | |
Kooyang Sea Country Plan | Members of the Framlingham Aboriginal Trust and Winda Mara Aboriginal Corporation | This Sea Country Plan is an important step in re-asserting our responsibilities for the management and protection of the natural resources of our country. |
Heritage, Land and sea management, Land and water, Land rights | Report | |
Kurtijar Land and Saltwater Country Plan | Kurtijar People, Carpentaria Land Council Aboriginal Corporation | The Kurtijar Land and Saltwater Country Plan is a strategic document that provides a framework for our people and our partners to work together to care for all the natural and cultural values of our country, while providing a sustainable livelihood for our community and others with rights and interests in our land and saltwater country. |
Land and sea management, Land and water, Land rights | Report | |
Legal context for PBC decision making | Aurora | Information sheet about decision-making for PBCs. |
Decision making, Governance, Legal, Meetings, PBCs (Prescribed Body / Bodies Corporate) | Information Sheet | |
Legal issues in transferring research materials from NTRB/SPs to RNTBCs | Angus Frith | 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. |
Compliance, ICIP (Indigenous Cultural and Intellectual Property), Legal, Native title holder, Native title materials, NTRB (Native Title Representative Body), NTSP (Native Title Service Provider), PBCs (Prescribed Body / Bodies Corporate) | Presentation | |
Legal protection of Indigenous Knowledge in Australia | Maiko Sentina, Elizabeth Mason, Terri Janke, David Wenitong | This supplementary paper provides an overview of the Australian laws that are currently used to recognise and protect Indigenous Knowledge. |
Indigenous knowledge, Indigenous law, Legal | Article / paper | |
Mornington Island Restorative Justice Project report | Queensland Government | The Mornington Island Restorative Justice (MIRJ) Project has worked with families to establish a community-based alternative dispute resolution (mediation or peacemaking) service inclusive of Island culture and conforming to the requirements of the criminal justice system. |
Community, Culture, Dispute management, Legal | Report | |
Native Title Anthropology after the Timber Creek Decision | Pamela Faye McGrath | In August 2016, the traditional owners of Timber Creek in the Northern Territory, the Ngaliwurru and Nungali peoples, were awarded over $3.3 million for the loss of their native title rights. $1.3 million of this award was a solatium payment, that is, compensation for hurt arising from damage caused by the loss of connection to the land. Griffiths v Northern Territory of Australia (No 3) [2016] FCA 900 (Timber Creek), which was heard by Justice John Mansfield, is the courts first litigated award of compensation for the loss or impairment of native title rights. In making his decision, Justice Mansfield relied on the evidence of anthropologists when assessing not only connections to country, but also the qualities and consequences of the social impacts that accompany the loss of connections to country. This paper considers the implications of the Timber Creek decision for the work of native title anthropologists and highlights some of the conceptual and methodological shifts required for research on native title compensation claims. The author draws attention to the demanding nature of native title compensation cases and the potential for research to aggravate existing trauma associated with loss of country, arguing for the need for all involved to be attentive to this risk when pursuing future claims. Recommended citation: McGrath, PF 2017, Native Title Anthropology after the Timber Creek Decision, Land, Rights, Laws: Issues of Native Title series, vol. 6, no. 5, AIATSIS Research Publications, Canberra. |
Compensation, Legal, Native Title Act | Article / paper | |
Native Title Report 2000 | 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. This report examines: human rights and native title
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Heritage, Land and sea management, Land rights, Native Title Act, Water rights | Report | |
Native Title Report 2005 | 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, Finance, Human rights, Legal, Native Title Act | Report | |
Native Title Report 2006 | 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. |
Agreements, Commercial development, Finance, Funding, Land rights, Mining, Water rights | Report | |
Native Title Report 2011 | 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. |
Land and sea management, Legal, Native Title Act | Report | |
Ngarrindjeri Nation Yaruwar-Ruwe Plan | Ngarrindjeri people, South Australia | A key purpose of the plan was to better educate government and nongovernment agencies, researchers and the wider Australian public on Ngarrindjeri connection to Country and their associated rights and obligations to Yarluwar-Ruwe. |
Culture, Land and sea management, Land and water, Land rights, Water rights | 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 | |||
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 |