Resources and publications

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.

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.

In April-May 2005, the Native Title Research and Access Officer, Ms Grace Koch conducted a survey of NTRBs to find out about current storage practices and plans for the future of documents that have been either collected or generated by the native title process.

This report of the discussion, which considered current practice for the treatment of connection material and other documents collected in the claim process, forms part of the 2005 Native Title Conference.

This document provides a brief listing of resources for preservation and information on Indigenous studies.

The Indigenous Facilitation and Mediation Project (‘IFaMP’ or ‘the Project’), located in the Native Title Research Unit at the Australian Institute of Aboriginal and Torres Strait Islander Studies, commenced in July 2003 and completed its third and final year in June 2006. The Project supported best practice approaches to Indigenous decision-making and conflict management, particularly in relation to the Native Title Act 1993, which emphasises agreement-making through non-adversarial approaches, such as mediation, facilitation and negotiation. This final report of the AIATSIS Indigenous Facilitation and Mediation Project provides a detailed discussion of the project, its findings and best practice approaches.

AIATSIS embarked on a research and resource project to develop greater understanding of the Prescribed Bodies Corporate (PBC) environment, native title holder aspirations and to bring together resources and develop networks that may be of benefit to them. The first of a series of workshops was held by the Native Title Research Unit in Canberra on 5-6 December 2006. The workshop was attended by Native Title Representative Bodies who have been or will be involved in the design and establishment of PBCs following a determination of native title. Participants also included government representatives from the Department of Families, Community Services and Indigenous Affairs and Attorney General’s Department who gave presentations on the proposed changes to PBCs as a part of the Australian Government’s broader native title reforms.

This report is based on the major issues, themes and discussions that arose during the workshop. In particular, it focuses on measures to improve the effectiveness of PBCs and coincides with the Government’s recognition of the need for resources and support for PBCs to adequately carry out their functions.

AIATSIS completed three case studies in the joint management of conservation and Indigenous Protected Areas (IPAs) in partnership with the Australian Collaboration, the Australian Conservation Foundation (ACF) and the Poola Foundation (Tom Kantor Fund), as part of the AIATSIS 'Success in Aboriginal Organisations' Project.

Within this project, Ms Toni Bauman completed a case study of Nitmiluk (Katherine Gorge) National Park. Mr Dermot Smyth carried out two case studies on the Dhimurru Indigenous Protected Area and the Booderee National Park in the ACT.

This publication is intended for Indigenous communities and organisations, and aimed at promulgating successful management initiatives that could be adopted by other organisations working in similar fields. Indigenous communities can use this handbook as a practical source of ideas and an inspiration for adoption and adaptation.

Information is organised in this handbook as a tour through a typical organisation, starting at the front door and moving through the different areas or rooms. Readers can go directly to their main area of interest, such as the accounts department, read straight through or browse. The plans do not represent any particular organisation. At the end of the book, there are brief snapshots of the participating organisations. There is no ‘one-size-fits-all’ solution to any issue. In fact, many organisations have found different solutions to the same problems. The road to success is always under construction.

The native title process has created valuable research resources assembled during the claim research. Although some of this material has come from other sources, the arrangement of the documents coupled with original field research gives a unique description of Indigenous societies and their connections with the land. Also, much of the field material is irreplaceable because the elders who gave the information may have passed away. This connection material is of great value, not only to claimants, but to the wider community because it offers a valuable contribution to Australian history, anthropology, sociology, land management and other disciplines.

This Best Practice Guide is designed to provide practical guidance for government parties on the behaviours, attitudes and practices that can achieve flexible, broad and efficient resolutions of native title. It identifies a range of common factors indicative of successful broader land settlements that may be applied or adapted to the circumstances of particular settlements.

In 2002 and 2004 Karajarri had their native title rights and interests recognised to over 31,000 square kilometres of land in the West Kimberley, south of Broome. This is an area about half the size of Tasmania. Here there are pastoral stations, mining interests, coastal and desert lands, and the large Aboriginal community of Bidyadanga. Karajarri had one of the first native title determinations to be recognised in the Kimberley and had the first native title application in which applicants were represented exclusively by the Kimberley Land Council.

An outline of some of the legal issues surrounding PBCs charging fees for service and what PBCs can and cannot charge fees for.

On 3 and 4 April 2012, the Northern Territory Department of Natural Resources, Environment, The Arts and Sport (NRETAS) and the Native Title Research Unit (NTRU) at the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) convened a workshop of state, territory and Commonwealth government staff working in joint management and native title at the Alice Springs Desert Park. The workshop was titled Joint Management of Protected Areas in Australia: Native Title and Other Pathways towards a Community of Practice.

This report captures the workshop where government staff working in joint management shared information about their approach and identified practical issues in developing a community of practice.

This paper presents a case study of an exercise in Aboriginal community governance. It sets out the background events that led the Yawuru Native Title Holders Aboriginal Corporation to secure information for its own needs as an act of self-determination and essential governance, and it presents some of the key findings from that exercise

The Good Governance Guide is a practical resource for anyone involved in the decision-making process in Victoria’s local government sector. It focuses on the areas where good governance has the most impact and offers suggestions for how it can work.

In recent decades, various forms of co-management of national parks and other protected areas1 by governments and Indigenous people have come to the fore. This has occurred as Indigenous peoples have progressively demanded greater access to and decisionmaking power over their traditional lands. The response of governments has also seen the aligning of a number of policy approaches that have contributed to an increase in attention to co-management. In the first instance, there has been a rapid rise in the number of protected areas in Australia since the 1960s, and this is continuing as the Commonwealth Government aims to increase the size of the Australian National Reserve System (NRS) by 25 per cent and Australia’s network of terrestrial protected areas to 125 million hectares by 2013 (Caring for Our Country 2013a).2 In addition, at least 16 per cent of Australia’s land area is now held by Indigenous peoples under a range of tenures, with much of this land being of high biodiversity value (Altman & Kerins 2012). As a mechanism for adding new protected areas to the NRS, the Commonwealth Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) has an Indigenous Protected Area (IPA) program that supports traditional owners of lands or seas who voluntarily dedicate their lands as protected areas to promote biodiversity and cultural resource conservation. IPAs now form the second largest component of the National Reserve System, covering over 3 per cent of Australia and making up 23 per cent of the NRS (SEWPaC 2013b).

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.

In the Native Title ‘hot tub’ outlines the history and development of expert conferencing and expert concurrent evidence in Australia, including in the Federal Court. These approaches to expert evidence are a major development of the last decade, greatly reducing the hearing time of Native Title proceedings and the costs to the parties involved. The authors explore how expert conferences and concurrent evidence can narrow the issues in the Native Title claims of Aboriginal and Torres Strait Islander people, discussing in particular their experiences in four recent cases.

Anthropologists play a significant role in the native title system in Australia, especially in undertaking connection research to demonstrate the evidentiary basis of claims. In 2010, recognising the lack of sufficiently qualified anthropologists working in native title, the Australian Government introduced a grants program to attract and retain practitioners. This paper describes a field school in the Northern Territory that was funded through the Native Title Anthropologist Grants Program. Through dialogue and interaction with the Aboriginal community, the organisers aimed to expose and interpret ideas, practices, memories, mythologies, relationships and other aspects of society and culture in the terms required for the demonstration of native title. Both novel and successful, the field school points the way for future training initiatives in native title anthropology.