Resources and publications

This research paper aims to better understand factors that contribute to corporate failure in Indigenous corporations.

The Centre for Native Title Anthropology is giving attention to the role of anthropologists in the post-determination phase. It investigates the methodology and learnings of the CLC community development unit in working with groups and communities in managing income streams from their lands for wider benefit is of considerable potential interest to anthropologists. It offers an illustrative example of the intense, collaborative engagement that is necessary at this intersection of Aboriginal and wider value systems, where monies gained from activities on Aboriginal lands are invested into broader community benefit. For these reasons, there is much to learn which is relevant to the governance of compensation funds held in trust by PBC and other entities (such as those established under mining agreements with Aboriginal groups). The podcast series also investigates the ethical and political issues they all face as anthropologists working with Aboriginal groups on social change in a framework of self-determination.

David Martin interviews Ian Sweeney, the Unit’s Manager, and four of the Project Officers, Dave Howard, Cecilia Tucker, Dianna Newham, and Carl O’Sullivan.

The Country Needs People campaign is fighting for the growth and security of opportunities for land and sea country management by Aboriginal and Torres Strait Islander peoples.

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.

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.

This report is based on the workshop, Implementing native title: Indigenous leadership in land and water livelihoods, held at the 2015 National Native Title Conference, 16-18 June, Port Douglas, Queensland. It details the ways several Indigenous communities from around Australia are implementing their rights and interests following the restitution of their land and sea territories.

After 15 plus years of native title negotiations there was a lot research information held by the Yamatji Marlpa Aboriginal Corporation (YMAC) to be returned to the PBC Robe River Kuruma Aboriginal Corporation (RRKAC). YMAC had developed a best practice process for returning research materials. This presentation highlights this process, the experiences of the PBC and the lessons learned.

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.

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.

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.

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.

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 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.

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.

In June 2006, representatives from 13 NTRBs met in Canberra to discuss databases and the needs of their organisations for collection management practices. Through this report, a list of ideal fields of information was drawn up along with some guidelines for access of native title material. Several NTRBs have used the information from this workshop to design their own databases.

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.

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.