Resources and publications

Webpage from the National Native Title Tribunal detailing basic information about future acts. 

The Coober Pedy region of South Australia is the traditional country of the Antakirinja Matu-Yankunytjatjara people. The Native Title journey of the Antakirinja Matu-Yankunytjatjara people started in 1995 when their claim commenced. After achieving Native Title determination, successfully negotiating a number of ILUAs and winning their first major commercial contract, their journey continues today.

This session will discuss the experiences of the Antakirinja Matu-Yankunytjatjara people and how they have used Native Title to help achieve their community aspirations. Ian Crombie, Antakirinja Matu-Yankunytjatjara Aboriginal Corporation vice-chairman and Elder, will describe the many obstacles, decisions, learnings and successes, that have brought the Antakirinja Matu-Yankunytjatjara people to where they are in their journey today. Importantly, he will discuss the challenges of balancing immediate community needs with both commercial opportunities and future goals. 

Information about Future Acts for PBCs. 

This guide is for people who are, or are thinking of becoming, board members of a charity registered with the Australian Charities and Not-for-profits Commission (ACNC). It focuses on good governance and how it helps charities in the context of their obligations.

This factsheet details the roles and requirements of PBCs entering into Indigenous Land Use Agreements (ILUAs). This factsheet provides an overview of the various types of ILUAs as well as some of the legal requirements and processes needed for the future act(s). Please note some of this information may be outdated. 

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.

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.

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.

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.

One of the key aspirations of native title holders is the ability to independently make decisions about and take care of country. This aspiration is often realised through collaborative management arrangements such as joint management. For many native title groups, joint management is often the only substantive land management outcome, yet there has been little research into either its planning process or its drivers.

Between October 2013 and December 2014, AIATSIS undertook case study research in partnership with Central Desert Native Title Services and the Wiluna native title holders — Martu people — to document their land management journey and the critical success factors that have contributed to positive outcomes in Matuwa (Lorna Glen) and Kurrara Kurrara (Earaheedy). This report describes the research and planning undertaken as a part of the partnership.

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).

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.

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. 

Short factsheet about joint ventures.

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.

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.