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.
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.
In August 2016, the traditional owners of Timber Creek in the Northern Territory, the Ngaliwurru and Nungali peoples, were awarded over $3.3 million for the loss of their native title rights. $1.3 million of this award was a solatium payment, that is, compensation for hurt arising from damage caused by the loss of connection to the land. Griffiths v Northern Territory of Australia (No 3) [2016] FCA 900 (Timber Creek), which was heard by Justice John Mansfield, is the courts first litigated award of compensation for the loss or impairment of native title rights.