Resources and publications

Displaying 1 to 17 of 17 results.
Title Author /s Summary Date Tag(s) Type
25 years since the Mabo decision: the advancement of PBCs in the Torres Strait and the challenges we face Doug Passi, Mr Lui Ned David, Ms Garagu Kanai

The panel discussed the progress that PBCs in the Torres Strait region have made since the Mabo decision and highlights certain milestone achievements of their struggles. 

NNTC (National Native Title Council), PBCs (Prescribed Body / Bodies Corporate) Presentation
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
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
Ethics workshop Chrissy Grant

An Ethics Workshop will be held for PBCs and Traditional Owners to be aware of best practice ethical research standards that should be used by researchers when working with Traditional Owners.

The workshop will introduce you to the themes and principles outlined in AIATSIS’s Guidelines for Ethical Research in Australian Indigenous Studies (GERAIS). Examples and case studies will help you understand how and why the GERAIS principles should be the minimum standards applied to any research on your land and sea country.

There is a concern that the PBCs and Traditional Owners are not as familiar with ethical standards as the researchers are and how they should be applied to any research. This seems to be a one-sided conversation. GERAIS will educate and inform PBCs and TOs about ethical standards in research taking place across Indigenous estates – IPAs, Ranger work including compliance and enforcement issues, Indigenous engagement in Government processes and other research as well as Native Title and PBC research. It is so critically important that PBCs and TOs know what to expect from both the researcher and the participants so that they are well informed before they enter into a research agreement.

Agreements, Ethics, NNTC (National Native Title Council) 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
First glance: A draft template for surveying your land and native title claim archives AIATSIS

This template will assist you to complete a ‘first glance’ survey of materials in your personal archives. While designed primarily to survey materials produced under the Aboriginal Land Rights Act (Northern Territory) 1976 (Cth) (ALRA) and the Native Title Act 1993 (Cth) (NTA), the template will assist in surveying other materials. This template has been peer-reviewed but remains as a draft to be trialled and to obtain further advice around the documenting of digital archives. For updates see Aboriginal land rights in the Northern Territory: Documenting and preserving the records and memories.

Native title claim Template
Native title and commercial fisheries: the Torres Strait sea claim Gabrielle Lauder, Lisa Strelein

For native title holders, the ability to exercise native title rights for commercial purposes is crucial to full and meaningful participation in the social, cultural and economic life of Australia. This article examines the extent to which native title gives its holders the power to manage resources, govern their use and exploit them commercially.

AUSTLII, Fishing, Native Title Act, Water rights Article / paper
Native Title Information Handbooks - PBC Funding and Training Guide

The Native Title Information Handbooks provide a summary of resources and information relating to key areas of native title.

The Handbooks provide information about:

  • Native title legislation and case law
  • Federal, state and territory governments' native title policies and procedures
  • Native title representative bodies, registered native title bodies corporate, government agencies and other organisations involved in native title
  • Native title applications and determinations
  • Indigenous land use agreements, future acts and other native title related agreements
  • Land rights legislation
  • Indigenous Land Corporation acquisitions, Indigenous land management and Indigenous protected areas
  • Indigenous population profiles.
Agreements, Determinations, Future acts, IPA (Indigenous Protected Areas), Land and sea management, Land and water, NNTC (National Native Title Council), NTRB (Native Title Representative Body), NTSP (Native Title Service Provider), PBC Regulations, PBCs (Prescribed Body / Bodies Corporate) Information Sheet
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

  • the extinguishment of native title
  • native title and sea rights 
  • indigenous heritage and native title.
Heritage, Land and sea management, Land rights, Native Title Act, Water rights 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 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 Report 2008 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.

Caring for Country, Environment, Indigenous knowledge, Land and sea management, Water rights 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
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
So, what’s new? Native Title Representative Bodies and Prescribed Bodies Corporate after Ward David Ritter

This paper comments on some of the trends in Indigenous native title representation that have continued after the High Court's Ward decision.

Land rights, Legal, Native Title Act, Water rights Article / paper
Submission to the Productivity Commission inquiry into regulation of the marine fisheries and aquaculture sectors

The Productivity Commission’s inquiry into regulation of the Australian marine fisheries and aquaculture sectors sought to identify opportunities to improve fisheries regulations without compromising fishery policy and environmental objectives. The terms of reference included the extent to which fisheries management regimes align with and protect the interests of the wider community, including Indigenous fishing interests, and the extent to which fisheries management regimes support greater participation of Indigenous Australians, incentivise Indigenous communities to manage their fisheries, and incorporate traditional management practices.

The AIATSIS submission responds to the Commission’s draft findings, providing advice on recognising Indigenous customary fishing as a sector in its own right, and recommending that Indigenous peoples are made active partners in the regulation and management of marine fisheries, rather than just being consulted.

The submission notes that while any changes to the regulation of these sectors must be consistent with native title rights, customary fishing as a recognised sector should not be confined to Indigenous groups which have recognised native title. New regulatory definitions of customary fishing also do not necessarily need to exclude commercial fishing activities.

Management of fisheries must be done in partnership with Indigenous peoples, and requires greater understanding of the diverse benefits that customary fishing brings to Indigenous communities, the historical processes which have led to the exclusion of Indigenous fishers, and the capacity of Indigenous land and sea management organisations to play a direct role in fisheries management with appropriate support.

The submission also recommends greater regulatory support for increasing Indigenous participation in the commercial fishing sector, as a means of creating sustainable livelihoods for many Indigenous communities.

AIATSIS, Fishing, Legal, Native Title Act, PBCs (Prescribed Body / Bodies Corporate), Water rights Policy statement
Thuwathu / Bujimulla Sea Country Plan Peoples from the Wellesley Island region

This plan is to explain cultural relationship of the Aboriginal Traditional Owners of the Wellesley Islands region of the southern Gulf of Carpentaria and obligations to the Sea Country, and to outline their ideas and commitments for its sustainable use and management.

Land and sea management, Land and water, Land rights, Water rights Report