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The Australian National University

Native Title

Document: Discussion Paper

In the 25 years since the Mabo High Court decision, native title claims, litigation, determinations, and land use agreements have proliferated with the result that native title is now an undisputed component in the Australian nation's core institutional framework. This has been a remarkable development. The emergence of public policy for native title over the past quarter century, built on a complex array of conceptual foundations which derive from Indigenous tradition, the common law, statute law, anthropology, history and politics, invites the question: what next?

Document: Working Paper

This paper explores some of the factors that appear to be supporting the growth and success of the Central Land Council's multimillion-dollar Aboriginal community development program that operates across Central Australia. The program has driven a major change in the way that Aboriginal groups across Central Australia apply a significant amount of their income. It has introduced a facilitated process that supports Aboriginal groups to set and achieve development objectives using income earned from collectively owned land.

Document: CAEPR Seminar

In 2009 the Heads of Agreement between the South West Land and Sea Council (SWALSC) and the WA State Government started the formal process of negotiating an alternative settlement for the resolution of native title claims in the South West of WA. In 2014 an Agreement in Principle was reached, and in January - March 2015 the Agreement was authorised in a series of six Indigenous Land Use Agreement (ILUA) Authorisation meetings. Throughout this process there was active and vocal resistance to the settlement from individuals and factions within the Noongar community.

Document: CAEPR Seminar

The struggle by many of the Yindjibarndi people based in Roebourne, WA for what they consider to be a fair settlement for the mining of iron ore on their claimed land exposes some critical weaknesses in Federal native title law, in state heritage laws, and in the overall governance of resource extraction in this country.

Document: Topical Issue

In this Topical Issue, Jon Altman seeks to explore the ramifications of the Native Title Act Reform Bill, a private senator's bill introduced by Senator Rachel Siewert of the Australian Greens.

A version of this Topical Issue was provided as a submission to the Senate Legal and Constitutional Affairs Legislation Committee Inquiry into the Native Title Amendment (Reform) Bill 2011 completed in November 2011.

Document: Topical Issue

A version of this Topical Issue appeared in Australian Options Quarterly No. 63 (Summer 2010/11).

Document: Topical Issue

A version of this Topical Issue was provided as a submission to the Australian Government’s discussion paper Leading Practice Agreements: Maximizing Outcomes from Native Title Benefits, released on 3 July 2010.

Document: Topical Issue

Discussions are currently underway as to how to enable Indigenous people to optimise benefits from native title agreements or Indigenous Land Use Agreements (ILUAs). Research on a range of agreements between Indigenous people and extractive industries suggests that equitable benefits from such activity on Indigenous land are rare.

Document: Topical Issue

This brief paper is adapted from a submission in response to the Australian Government’s Consultation Paper ‘Native Title, Indigenous Economic Development and Tax’. The Consultation Paper mainly canvasses options for income taxation reforms with very little actually said about Indigenous economic development.

This paper raises four key issues and ends with a brief conclusion and five recommendations. The key issues are:

Document: Topical Issue

The Wild Rivers Bill advocates providing Aboriginal land owners with rights in commercially valuable resources on their lands, but only in Cape York. Were the Wild Rivers Bill passed into law we would see a fundamental change in the current workings of land rights and native title laws in Australia, the attachment of resource rights to native title lands to an extent that exceeds the current-best case situation in the Northern Territory.

about this site Updated: 20 October 2017/ Responsible Officer:  Director, CAEPR / Page Contact:  CAEPR Administrator