Native title (Australia)

Working paper

20 Mar 2019
89

In the coming decades, Australia is set to see a dramatic expansion in renewable energy projects. It is likely that many of these will occur on land subject to Indigenous rights and interests. This paper looks to extractive industry experience in negotiating access and benefit...

Discussion paper

31 Oct 2018
71

The objective of the proposed reforms is to deliver improvements to native title claims resolution, agreement-making, and dispute resolution processes in the Native Title Act and other legislation. This document outlines the purpose of the proposed amendments and seeks stakeholder views on the approach to...

Conference paper

18 Jun 2018
2

The concept of ‘Country’ is central to Aboriginal culture and has sustained the Quandamooka Peoples (the Quandamooka) of South East Queensland (SEQ) for 40,000 years. On 4 July 2011, the Federal Court of Australia determined that 54,500ha of exclusive and non-exclusive Native Title rights over...

Book

3 May 2018
12

This book examines the practical aspects of anthropology that are relevant to the exercise of the discipline within the native title context.

Journal article

24 Nov 2017
33

In light of a number of significant recent cases, this article examines the role of the courts in the protection of Indigenous cultural heritage.

Discussion paper

25 Jul 2017
188

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?

Report

20 Jun 2017
159

This audit assessed the effectiveness of the governance of the Northern Land Council in fulfilling its responsibilities and obligations under the Aboriginal Land Rights (Northern Territory) Act 1976, Native Title Act 1993 and Public Governance, Performance and Accountability Act 2013.

Report

Adani, the State, and the Indigenous rights struggle of the Wangan and Jagalingou Traditional Owners Council
12 Jun 2017
4

This report by senior researchers from the University of Queensland raises issues that are crucial to the important and timely debate about native title and the rights of Indigenous peoples in Australia and around the world.

Book

8 Feb 2017
93

Native title involves an interface between the Australian legal system and Indigenous legal, cultural and political systems. The assertion and management of native title rights involves collective action by sometimes large and disparate groups of Indigenous people. Contentious politics makes such collective action difficult and...

Discussion paper

31 Jan 2017
109

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...

Journal article

30 Jan 2017
140

The history of compensation determinations under the Native Title Act 1993 (Cth) (NTA) is not a positive one for native title claimants. In the 19 years from the enactment of the NTA until the 2013 decision De Rose v State of South Australia there had...

Journal article

1 Aug 2016
99

Transitional justice comprises ‘the full range of processes and mechanisms associated with a society’s attempts to come to terms with a legacy of largescale past abuses, in order to ensure accountability, serve justice and achieve reconciliation’. Nothing in this definition limits transitional justice to post-conflict...

Book

2 Jun 2016
196

Although most native title holders have had specific rights to protect places of significance recognised by Australian law, many Aboriginal and Torres Strait Islander peoples are finding it harder than ever to prevent the destruction of such sites in the face of development. Few state...

Working paper

2 May 2016
109

Abstract

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...

Report

30 Nov 2015
114

Through native title and other mechanisms, Aboriginal and Torres Strait Islander peoples are again becoming custodians of their traditional land and water estates. A common aspiration for Indigenous peoples in regaining rights, access and title to country is to create livelihoods and prosperous, resilient communities...

Report

4 Jun 2015
250

This report marks the first major review of the law governing ‘connection’ in native title claims since the introduction of the Native Title Act 1993 (Cth). It also examines authorisation of persons bringing claims and joinder of parties to a native title claim. This report...

Journal article

21 May 2015
272

This article examines the scope and application of the statutory construction assessment that underlies the consistency evaluation of native title rights.

Introduction

Native title jurisprudence is derived from the common law. The concept of native title and its re-institutionalisation into the underlying...

Discussion paper

30 Apr 2015
82

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...

Discussion paper

30 Mar 2015
162

While gender and age are often noted as being important dimensions of Indigenous leadership and governance, they have rarely been examined in detail. This paper focuses specifically on the gender and age of directors on the boards of prescribed bodies corporate (PBCs), the corporations established...

Audio

2 Feb 2015
84

As of 1 January 2015 residents of Indigenous towns in Queensland have the option to buy their homes and convert communal land to freehold. Many want ‘the great Australian dream’, but it will extinguish native title and may expose communities to the open real estate...

Overview

 

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