Resources and publications
Title | Author /s | Summary | Date | Tag(s) | Type |
---|---|---|---|---|---|
Registered Native Title Bodies Corporate - Prescribed Bodies Corporate Summary | AIATSIS Research | This publication provides a summary of Registered Native Title Bodies Corporate (RNTBCs). |
AIATSIS, Native Title Act, PBCs (Prescribed Body / Bodies Corporate) | Report | |
Report on the Indigenous Youth Forum | Stacey Little, Thaarramali Pearson | The National Native Title Conference 2016 (the conference) was co-convened by the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) and the Northern Land Council, and hosted by the Larrakia people in Darwin, Northern Territory, 1-3 June 2016. With the success of past Indigenous talking circles, such as the men’s and women’s circles at the conference each year, and a growing level of recognition of the importance and value of Indigenous youth voices in the native title sector, this year’s conference program became host to the inaugural Indigenous youth forum. The forum, comprising two talking circles held on the first and last day of the conference, aimed to maximise the potential attendance of conference delegates under the age of 35 years. The forum was facilitated by Natalie Rotumah, CEO of NTSCorp, and attended by 24 delegates from the Northern Territory, Western Australia, Queensland, New South Wales and the Australian Capital Territory. Also in attendance was Professor Taiaiake Alfred, international keynote speaker and Professor of Indigenous Governance and Political Science at the University of Victoria, British Columbia. Professor Alfred led discussions around cultural resurgence and confidence and provided an international perspective on the issues discussed by the delegates, using his extensive experience advising First Nations governments on Indigenous land, governance and youth issues. The delegates shared their native title experiences and aspirations, and examined the barriers to their participation in the native title sector. The delegates then explored ways of overcoming the barriers to achieve increased youth involvement in the sector. |
AIATSIS, Native Title Act, PBCs (Prescribed Body / Bodies Corporate), Succession Planning, Youth | Report | |
Returning native title materials - 30 years in the too hard basket | Lisa Strelein and Christiane Keller | Presentation provided to the Yamatji Marlpa Aboriginal Corporation (YMAC) training workshop for native title anthropologists. It gives an overview of the three year project, its case studies, challenges and results. |
Heritage, Native title materials, Training | Presentation | |
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 | |
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 | |
Social Justice and Native Title Report 2013 | 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. |
Human rights, Native Title Act | Report | |
Social Justice and Native Title Report 2014 | 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. |
Community development, Governance, Justice, Native Title Act | Report | |
Social Justice and Native Title Report 2015 | 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. |
Childhood, Community development, Disability, Native Title Act, Youth | Report | |
Social Justice and Native Title Report 2016 | 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, Heritage, Native Title Act | Report | |
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 | ||
Tax and Native Title | Miranda Stewart | This paper discusses the current state of play regarding income tax and GST issues in relation to native title agreements, including recent reforms and ongoing areas of uncertainty. |
Bookkeeping, Native Title Act, Tax | Article / paper | |
The Commonwealth’s Indigenous land tenure reform agenda: Whose aspirations, and for what outcomes? | Ed Wensing | This paper argues that weak links are being made between increasing opportunities for economic development (including private home ownership) and the need for Indigenous land tenure reform. The paper draws on a considerable body of background research and analysis, including Aboriginal and Torres Strait Islander peoples’ collective views about Indigenous land tenure reform and their aspirations for protecting and not diminishing their hard-won gains through native title determinations and statutory land rights grants or acquisitions; the composition and location of the Indigenous estate and |
AIATSIS, Native Title Act | Report | |
The Far West Coast Experience | April Lawrie, Peter Miller, Barry (Jack) Johncock | The Far West Coast journey from Applicant through to Consent Determination and holding Native Title has been an exciting one. There have been considerable challenges and we have faced many obstacles. Along the way we have also learnt many valuable lessons, not the least that we needed even more change and further development once Native Title was granted and we began a new life as a PBC. Today, as a young PBC we are on track to be a self-supporting and stand-alone resource for our members. We now have commercial ventures, investments and an Aboriginal Trust that we own and operate. Our presentation seeks to share how we got here and the changes to structures, practices and our organisation to achieve early success as a PBC and a group of entities. |
Agreements, Business, Commercial development, Community development, Determinations, Governance, Heritage, Mining, PBCs (Prescribed Body / Bodies Corporate), Training, Trusts | Presentation | |
The right to protect sites: Indigenous heritage management in the era of native title | Dr Pamela McGrath | A large and profitable Indigenous heritage management industry has emerged in the wake of the resources boom of recent decades, with thousands of Indigenous heritage impact assessments conducted every year. Yet few governments have successfully reformed heritage laws to accommodate native title rights, and conflict over site destruction is regularly front page news. The right to protect sites brings together a range of authors who explore native title and Indigenous heritage regimes around the country, and charts the history of advocacy and policy development, highlighting the successes, limitations, inequalities and opportunities of current arrangements. |
AIATSIS, Culture, Heritage, Native Title Act | Book | |
To be, or not to be, a charity: that Is the question for Prescribed Bodies Corporate under the Native Title Act | Dr Fiona Martin | This article evaluates the taxation concessions and other advantages that flow from being a charity and how these might apply to native title groups under the Native Title Act 1993 (Cth). Specifically, it examines the role of the Prescribed Body Corporate (‘PBC’) under the Native Title Act and the potential for, and limitations of, these bodies carrying on business, engaging in community development and accumulating funds whilst also having charitable status. |
Business, Charity, Native Title Act, PBCs (Prescribed Body / Bodies Corporate) | Article / paper | |
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 | |
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 |