Journal articles on the topic 'Australian native title'
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1
Asche, Wendy, and David Trigger. "Native Title Research in Australian Anthropology." Anthropological Forum 21, no. 3 (October 19, 2011): 219–32. http://dx.doi.org/10.1080/00664677.2011.617674.
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Due, Clemence, and Damien W. Riggs. "Representing 'Australian Land'." International Journal of Critical Indigenous Studies 3, no. 1 (January 1, 2010): 26–36. http://dx.doi.org/10.5204/ijcis.v3i1.56.
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This article examines how Indigenous Australians' claims to their land are represented in the mainstream, non-Indigenous Australian media. In so doing, the article explores the common tropes available to non-Indigenous Australians in relation to Indigenous ownership of land, and in particular the native title system. It is argued that whilst initial land claims are discussed in detail within the media from a variety of perspectives, subsequent Indigenous land use agreements are most commonly reported upon in terms of business and economic concerns, with 'failed' agreements represented as impediments to 'development'. Thus, whilst the claims of Indigenous Australians to their land are sometimes reported positively by the media, this is only insofar as native title does not impede business development, which is frequently represented as the way in which land ultimately ought to be used. Thus non-Indigenous readers are left with an image of native title whereby initial land claims are considered not to be threatening, but only to the extent that subsequent use of the land still fits a white Australian image of 'development'.
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Geissler, Marie. "Contemporary Indigenous Australian Art and Native Title Land Claim." Arts 10, no. 2 (May 11, 2021): 32. http://dx.doi.org/10.3390/arts10020032.
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This paper investigates a select number of examples in which largely non-literate First Nation peoples of Australia, like some First Nations peoples around the world, when faced with a judicial challenge to present evidence in court to support their land title claim, have drawn on their cultural materials as supporting evidence. Specifically, the text highlights the effective agency of indigenous visual expression as a communication tool within the Australian legal system. Further, it evaluates this history within an indigenous Australian art context, instancing where of visual art, including drawings and paintings, has been successfully used to support the main evidence in native title land claims. The focus is on three case studies, each differentiated by its distinct medium, commonly used in indigenous contemporary art—namely, ink/watercolours on paper, (Case study 1—the Mabo drawings of 1992), acrylics on canvas (Case study 2—the Ngurrara 11 canvas 1997) and ochre on bark, (Case study 3—The Saltwater Bark Collection 1997 (onwards)). The differentiation in the stylistic character of these visual presentations is evaluated within the context of being either a non-indigenous tradition (e.g., represented as European-like diagrams or sketches to detail areas and boundaries of the claim sites in question) or by an indigenous expressive context (e.g., the evidence of the claim is presented using traditionally inspired indigenous symbols relating to the claimant’s lands. These latter images are adaptations of the secret sacred symbols used in ceremonies and painting, but expressed in a form that complies with traditional protocols protecting secret, sacred knowledge). The following text details how such visual presentations in the aforementioned cases were used and accepted as legitimate legal instruments, on which Australian courts based their legal determinations of the native land title.
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Kariyawasam, Kanchana. "Native Title Litigation In Australia: Does The Judiciary Deliver On The Principal Objectives Defined By Mabo?" Asia-Pacific Journal On Human Rights and The Law 14, no. 1-2 (July 1, 2013): 3–27. http://dx.doi.org/10.1163/15718158-14010298.
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This article considers the origin and development of native title law in Australia since the Mabo decision. It examines native title litigation in the decisions of the Federal and High Court in an attempt to determine whether such litigation has delivered on the principal objectives defined by Mabo, or has moved forward. The aim of the article is to establish whether Mabo is simply a correction of history intended to bring Australia into line with the developments adopted by other jurisdictions, or whether it is a true ‘judicial revolution’. Finally, the article makes a critical and comparative examination of native title in the United States, Canada and New Zealand, which reveals that the Australian approach to native title is far removed from the flexible approaches of those other jurisdictions.
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O’Kane, Michael. "Laws, Customs, and Practices in Australian Native Title." Collaborative Anthropologies 6, no. 1 (2013): 334–52. http://dx.doi.org/10.1353/cla.2013.0013.
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Sarre, Rick. "The Concept of Native Title to Land: An Australian Perspective." Humanity & Society 18, no. 1 (February 1994): 97–104. http://dx.doi.org/10.1177/016059769401800107.
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HORRIGAN, BRYAN. "AUSTRALIAN NATIVE TITLE LAW, POLICY, AND PRACTICE - A REPORT CARD." Economic Papers: A journal of applied economics and policy 22, no. 4 (December 2003): 16–27. http://dx.doi.org/10.1111/j.1759-3441.2003.tb01131.x.
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Vickery, E. J. "THE NEGOTIATED PRICE OF CERTAINTY—RECENT DEVELOPMENTS IN NATIVE TITLE AGREEMENTS AFFECTING THE PETROLEUM INDUSTRY." APPEA Journal 44, no. 1 (2004): 753. http://dx.doi.org/10.1071/aj03039.
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Development of Native Title agreements for Petroleum continues in parallel with the release of Court decisions on the law of Native Title. Negotiated agreements for three bidding rounds in the South Australian region of the Cooper Basin are now concluded, with exploration underway there and some new commercial production.These agreements were negotiated under the Commonwealth Native Title Act’s ‘Right to Negotiate’. Agreed resolutions are virtually demanded by the competing tensions within the legislative machinery. The need for conjunctivity of title from the exploration to the development stages is now understood and has become accepted by advocates for Native Title claimants. Recent court decisions would appear to ease the path for applications to the National Native Title Tribunal where negotiations fail to reach agreement, expanding the range of strategies open to Petroleum explorers seeking new title grants.Small negotiating teams facilitated progress. Despite a long first negotiation, subsequent negotiations have developed from that experience to form an efficient and cost-effective model which has now been replicated for more than 35 agreements conjunctive for all phases of activity. All those agreements address the key issues of title grants, both initially and consequently upon discoveries, Aboriginal heritage inspections and accommodation, including practical aides of indicative timelines and budgets for the latter, and compensation. Adaptation of these agreements is beginning in other parts of Australia. The temptation of Native Title advocates to test the envelope, however, must be expected with each new negotiation. Contrastingly, both the industry and state government agencies are seeking stabilisation of the terms of negotiated agreements to see how they will work in practice.This paper describes the key terms and temptations encountered so far in this evolving dynamic.
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Dick, Caroline. "Recognizing Aboriginal Title: The Mabo Case and Indigenous Resistance to English-Settler Colonialism." Canadian Journal of Political Science 40, no. 3 (September 2007): 769–72. http://dx.doi.org/10.1017/s0008423907070850.
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Recognizing Aboriginal Title: The Mabo Case and Indigenous Resistance to English-Settler Colonialism, Peter H. Russell, Toronto, Buffalo and London: University of Toronto Press, 2005, pp. xii, 470.Peter Russell's insightful book on Aboriginal land rights in Australia weaves together two tales, that of Indigenous crusader Eddie Koiki Mabo and the slow and arduous struggle of Torres Strait Islanders and mainland Aborigines to have their native land rights recognized by Australian governments in the hope of forging a new, post-colonial relationship. Along the way, Russell places these stories in the context of the push and pull of international events and movements that affected Australia's domestic politics and assesses the political progress of Indigenous peoples in Canada, the United States and New Zealand.
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Brooks, Robert, Sinclair Davidson, and Robert Faff. "Sudden changes in property rights: the case of Australian native title." Journal of Economic Behavior & Organization 52, no. 4 (December 2003): 427–42. http://dx.doi.org/10.1016/s0167-2681(03)00025-8.
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Burke, Paul. "Australian Native Title Anthropology: Strategic Practice, The Law and The State." Asia Pacific Journal of Anthropology 20, no. 1 (December 13, 2018): 107–9. http://dx.doi.org/10.1080/14442213.2019.1555064.
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Antor, Heinz. "Post-Mabo White Settler Fables and the Negotiation of Native Title Legislation in Andrew McGahan’s The White Earth (2004)." Pólemos 10, no. 1 (April 1, 2016): 197–224. http://dx.doi.org/10.1515/pol-2016-0011.
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Abstract In his novel The White Earth, Andrew McGahan engages with an important chapter in the history of his country, namely the period of the famous Mabo case of 1992, which overturned the doctrine of terra nullius, and the subsequent Native Title Act of 1993. This novel of initiation with gothic features draws attention to both the woeful history of the dispossession, maltreatment and partial elimination of Australian Aborigines and to the issue of how white Australians cope with this past as well as the guilt, anxieties, and loss of orientation this may create. The novel thus turns into a critical engagement with the legal history of race relations in Australia and probes possible paths for future change.
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Martin, N. W. "THE COOPER BASIN NATIVE TITLE AGREEMENTS—AN EXPLORER’S PERSPECTIVE." APPEA Journal 42, no. 1 (2002): 711. http://dx.doi.org/10.1071/aj01047.
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On 22 October 2001 in Adelaide, the successful bidders for the 1998 First Round Cooper Basin Acreage Release, the South Australian Government, and various native title claimant groups completed the signing of historic and long awaited native title agreements. A few days later, the Petroleum Exploration Licences (PEL) were issued in respect of the blocks covered by those agreements, and so commenced a new era of oil and gas exploration in South Australia.This paper examines the process that led to the finalisation of negotiations and the signing of the agreements, from the perspective of one of the exploration companies that participated in the negotiations.
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Williams, Michael. "Brief Sojourn in your Native Land: Sydney Links with South China." Queensland Review 6, no. 2 (November 1999): 11–23. http://dx.doi.org/10.1017/s1321816600001112.
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The title of this paper is taken from a testimonial signed by a number of Gundagai residents on the departure for China in 1903 of Mark Loong after sixteen years in the district. That the notion of a person ‘sojourning’ in China is a contradiction of the prevailing ‘sojourner’ concept usually held about early Chinese migrants in Australia is the result the failure of Australian-Chinese research to fully appreciate the significance of family and district links between Australia and China and their impact upon the motivation, organisation and settlement patterns of Chinese people in Australia before the middle of the twentieth century. Without such an appreciation most research into Australian-Chinese history has focused only on those who established families in Australia or who ran successful businesses. This paper will focus on describing some features of these family and districts links with regard to that generation who arrived after the gold rushes of the 1850s to 1870s but before the Immigration Restriction Act 1901, who originated in one south China district, Zhongshan , and who lived primarily in one Australian city, Sydney. These restraints are partly due to reliance on sources such as the administrative files of the Immigration Restriction Act which begin only in 1901, and partly to the fact that this research represents a first step in the investigation of the significance of district of origin and the people of Zhongshan district in Sydney are the first to be investigated.
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Cook, J. R. "TOWARDS AN INTERNATIONALISATION OF NATIVE TITLE AND COMMUNITY RELATIONS." APPEA Journal 43, no. 1 (2003): 741. http://dx.doi.org/10.1071/aj02044.
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The 20th Century has witnessed the consolidation of global industry and finance. It has also seen the growth of criticism of some developments associated with globalisation. This has been particularly the case with the resource extraction industries and their downstream counterparts. These industries now have to consider a range of factors as central to the management of risk and of reputation that would not have been necessary 30 years ago. One of these factors is the need for community consultation regarding the nature of specific resource development and often some form of compensation for the impacts of development.Central to the Australian formulation of community consultation and development in the context of land use and natural resource development have been the Northern Territory Aboriginal Land Rights Act (ALRA) and the Native Title Act (NTA) as well as the setting up of Land Councils and representative bodies. These laws have been crucial, not just to the administration of land, but to the concept of aboriginality and citizenship as a whole. Like the ALRA, the Native Title Act has had a fundamental impact on the relationship between Aboriginal land interests and resource development. It has often, however, been mired in uncertainty, conflict, and amendments. This has contributed to a climate of legalism that has not necessary always been to the benefit of on-the-ground agreement processes.In Indonesia there is no basis in law for native title issues and a high level of risk exists as a result of social and political transition. As a result some companies operating in Indonesia have begun to develop new approaches to issues of community relations and development. A new understanding of the necessity of carefully planned partnerships in the context of resource development has begun to emerge in Indonesia. The BP Tangguh project in the Bintuni Bay area of West Papua has set high standards for consultative practices relating to community consultation and community development practices. Whatever the commercial success of the Tangguh project, the processes and systems developed for that project indicate the likely future direction of other best-practice resource development projects in Indonesia and elsewhere.In the past, development in Indonesia has been heavily influenced by rent capitalism, which has tended to emphasise the giving of permission over effective business and development practice. While the proponents of Native Title in Australia have often seen Australia as setting an international standard for development practice, this is belied by the actual results of Native Title and what is being undertaken in other international contexts. Native Title also often seems to act as a form of rent capitalism. As such it may be that Native Title does not necessarily define best practice, and, in the international context, may be under-performing in terms of risk and reputation management.Rather than assuming that emerging practices in either Indonesia or Australia are somehow occupying the higher ground in terms of best-practice development, it is suggested that Native Title and international practice can usefully be cross-fertilised in a critical manner. This process can be beneficial to companies and to stakeholders alike, particularly in the context of transparent consultation and negotiation practices that focus on the possibilities for cooperation in development, rather than conflict.
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Robinson, Cathy, and David Mercer. "Reconciliation in troubled waters? Australian oceans policy and offshore native title rights." Marine Policy 24, no. 4 (July 2000): 349–60. http://dx.doi.org/10.1016/s0308-597x(00)00011-7.
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Redmond, Anthony. "Identifying the Relevant Level of a Society in Australian Native Title Claims." Anthropological Forum 21, no. 3 (October 19, 2011): 287–305. http://dx.doi.org/10.1080/00664677.2011.617714.
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Trigger, David. "Distinguished lecture: Native title—Implications for Australian senses of place and belonging." Australian Journal of Anthropology 31, no. 1 (April 2020): 9–30. http://dx.doi.org/10.1111/taja.12341.
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Gray, Peter R. A. "Do the Walls Have Ears? Indigenous Title and Courts in Australia." International Journal of Legal Information 28, no. 2 (2000): 185–212. http://dx.doi.org/10.1017/s0731126500009070.
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Australia has always been a place of legal pluralism. Before the British colonists brought with them the common law and the statute law of England, there were indigenous systems of law. Indeed, there were very many of them. They did not cease to exist just because English law was imported. Sadly, for over 200 years, their existence was not officially recognised by the Anglo-Australian legal system. In 1992, in Mabo v State of Queensland [No.2], the High Court of Australia did more than “invent” native title. It made this nation officially a legally pluralist one. The common law now recognises, and gives effect to, indigenous law with respect to land tenure and, possibly, with respect to other aspects of life and death as well. Native title is what indigenous law says it is, no more and no less, except to the extent that non-indigenous law operates to “extinguish” or “impair” native title. The first inquiry in any application for a determination of native title must be as to the continuing existence of an indigenous legal system and the manner in which that legal system deals with entitlements in relation to the relevant land. If such a system survives and gives entitlement to people, it must then be asked whether non-Aboriginal law has “extinguished” or “impaired” those entitlements. In truth, this inquiry is as to whether the non-indigenous legal system has withdrawn its recognition of those entitlements, because of its creation of interests, or recognition of activities, incompatible with the continuing existence of indigenous entitlements. The entitlements continue to exist in indigenous law, despite any “extinguishment” or “impairment.”
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F. Recher, Harry. "National Biodiversity Council." Pacific Conservation Biology 4, no. 1 (1998): 3. http://dx.doi.org/10.1071/pc980003.
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The NBC continues to increase its level of activity. Since the last report in Pacific Conservation Biology, among other actions, the Council has commented on the Commonwealth Governments "Native Title" legislation the "10 Point Plan" and made submissions on the proposed changes to Commonwealth Environment Legislation. Pierre Horwitz made a submission on behalf of the Council concerning the Western Australian Regional Forest Agreement process. Each submission received a high level of media attention with national coverage on the ABC for the Council's views on native title and on proposed new biodiversity legislation.
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Christiansen, Thomas. "When Worlds Collide in Legal Discourse. The Accommodation of Indigenous Australians’ Concepts of Land Rights Into Australian Law." Studies in Logic, Grammar and Rhetoric 65, no. 1 (December 1, 2020): 21–41. http://dx.doi.org/10.2478/slgr-2020-0044.
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Abstract The right of Australian Indigenous groups to own traditional lands has been a contentious issue in the recent history of Australia. Indeed, Aborigines and Torres Strait Islanders did not consider themselves as full citizens in the country they had inhabited for millennia until the late 1960s, and then only after a long campaign and a national referendum (1967) in favour of changes to the Australian Constitution to remove restrictions on the services available to Indigenous Australians. The concept of terra nullius, misapplied to Australia, was strong in the popular imagination among the descendants of settlers or recent migrants and was not definitively put to rest until the Mabo decision (1992), which also established a firm precedent for the recognition of native title. This path to equality was fraught and made lengthy by the fact that the worldviews of the Indigenous Australians (i.e. Aborigines and Torres Strait Islanders) and the European (mainly British and Irish) settlers were so different, at least at a superficial level, this being the level at which prejudice is typically manifested. One area where this fact is particularly evident is in the area of the conceptualisation of property and especially the notion of land “ownership” and “use”. In this paper, we will focus on these terms, examining the linguistic evidence of some of the Australian languages spoken traditionally by Indigenous Australians as one means (the only one in many cases) of gaining an insight into their worldview, comparing it with that underlying the English language. We will show that the conceptualisations manifested in the two languages are contrasting but not irreconcilable, and indeed the ability of both groups of speakers (or their descendants in the case of many endangered Australian languages) to reach agreement and come to develop an understanding of the other’s perspective is reason for celebration for all Australians.
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Lampert, Jo. "Indigenous Australian Perspectives in Teaching at The University of Queensland." Australian Journal of Indigenous Education 24, no. 1 (April 1996): 35–39. http://dx.doi.org/10.1017/s1326011100002234.
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The goals of the National Aboriginal and Torres Strait Islander Education Policy (AEP), the recommendations of the Royal Commission into Aboriginal Deaths in Custody and the broader implications of the High Court's Native Title decision place considerable pressure on the higher education system to move rapidly to achieve equity in access, participation and outcomes for Indigenous Australians and non-Indigenous Australians.
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Kartika Bintarsari, Nuriyeni. "The Cultural Genocide in Australia: A Case Study of the Forced Removal of Aborigine Children from 1912-1962." SHS Web of Conferences 54 (2018): 05002. http://dx.doi.org/10.1051/shsconf/20185405002.
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This paper will discuss the Forced Removal Policy of Aborigine children in Australia from 1912 to 1962. The Forced Removal Policy is a Government sponsored policy to forcibly removed Aborigine children from their parent’s homes and get them educated in white people households and institutions. There was a people’s movement in Sydney, Australia, and London, Englandin 1998to bring about “Sorry Books.” Australia’s “Sorry Books” was a movement initiated by the advocacy organization Australian for Native Title (ANT) to address the failure of The Australian government in making proper apologies toward the Aboriginal and Torres Strait Islander population. The objective of this paper is to examine the extent of cultural genocide imposed by the Australian government towards its Aborigine population in the past and its modern-day implication. This paper is the result of qualitative research using literature reviews of relevant materials. The effect of the study is in highlighting mainly two things. First, the debate on the genocidal intention of the policy itself is still ongoing. Secondly, to discuss the effect of past government policies in forming the shape of national identities, in this case, the relations between the Australian government and its Aborigine population.
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McCann, Laura. "Induced Institutional Innovation and Transaction Costs: The Case of the Australian National Native Title Tribunal." Review of Social Economy 62, no. 1 (March 2004): 67–82. http://dx.doi.org/10.1080/0034676042000183835.
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Castillo, Greg. "Spinifex People as Cold War Moderns." Contemporaneity: Historical Presence in Visual Culture 4 (August 3, 2015): 71–94. http://dx.doi.org/10.5195/contemp.2015.144.
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Aboriginal Australian contemporary artists create works that express indigenous traditions as well as the unprecedented conditions of global modernity. This is especially true for the founders of the Spinifex Arts Project, a collective established in 1997 to create so-called “government paintings”: the large-scale canvases produced as documents of land tenure used in negotiations with the government of Western Australia to reclaim expropriated desert homelands. British and Australian nuclear testing in the 1950s displaced the Anangu juta pila nguru, now known to us as the Spinifex people, from their nomadic lifeworld. Exodus and the subsequent struggle to regain lost homelands through paintings created as corroborating evidence for native title claims make Spinifex canvases not simply expressions of Tjukurpa, or “Dreamings,” but also artifacts of the atomic age and its impact on a culture seemingly far from the front lines of cold war conflict.
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Goldstein, B. A., E. Alexander, D. Cockshell, M. Malavazos, and J. Zabrowarny. "THE VIRTUOUS LIFE CYCLE FOR EXPLORATION AND PRODUCTION—LEAD AND LAG FACTORS." APPEA Journal 47, no. 1 (2007): 387. http://dx.doi.org/10.1071/aj06029.
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‘High-trust societies fare better than low-trust societies,’— Francis Fukuyama.1Trusted land access is both the first factor and the final outcome of a virtuous exploration and production life cycle. Key leading factors in the stewardship of trusted land access and a virtuous life cycle for exploration and production in South Australia include:evolutionary, best practice, objective-based legislation;transparent statements of environmental objectives (SEOs) that enable regulators to provide a one-stopshop for approvals and avoid capture;administrative arrangements between government agencies to foster expeditious co-regulatory work-flows;conjunctive native title land access agreements that are fair and sustainable in relation to development;prioritised, pre-competitive studies that reduce critical uncertainties; and,highly motivated government officers focussed on building trust and reducing uncertainties, so both the community and investors sustain positive expectations for outcomes from exploration and production investment.This paper characterises the South Australian Government’s roles and measures for success in the virtuous life cycle for petroleum and geothermal resource investment. The critical importance of local, leading actions will be demonstrated with examples, including: proposed enhancements to South Australia’s Petroleum Act 2000; streamlined but stringent project approvals; progressive achievements in native title land access agreements; the evolution of Australia’s geothermal energy sector; and, perception moulding research in the Cooper, Otway and Officer basins.
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Turnbull, David. "Locating, Negotiating, and Crossing Boundaries: A Western Desert Land Claim, the Tordesillas Line, and the West Australian Border." Environment and Planning D: Society and Space 23, no. 5 (October 2005): 757–70. http://dx.doi.org/10.1068/d357t.
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This is a story about the boundaried nature of stories and the storied nature of boundaries. It concerns a modern ‘scientific’ boundary: the West Australian border. In the process of trying to locate Aboriginal boundaries in a native title claim, this border is revealed as problematic and bent, and as rooted in the colonial history of the last 500 years. The tensions between Western and Aboriginal conceptions of boundaries open up a space for the exploration of the hidden social and narratological dimensions of land and knowledge, ownership, and authority.
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Scott, Shirley. "The Australian High Court's Use of the Western Sahara Case in Mabo." International and Comparative Law Quarterly 45, no. 4 (October 1996): 923–27. http://dx.doi.org/10.1017/s0020589300059777.
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Recent cases before the High Court of Australia have raised the question as to the appropriate degree to which international law should influence Australian law and politics.1 Crucial to the reasoning in the leading judgment of the landmark 1992 Mabo case,2 by which the Australian judiciary recognised for the first time a native title to land, was the finding that Australia had not been terra nullius at the time of colonisation. The leading judgment accepted the categorisation of Australia as a settled colony which had been established by the Privy Council in Cooper v. Stuart.3 In this judgment Lord Watson had held that Australia, as a “settled” colony, had received transplanted British law “except where explicitly changed or considered irrelevant”.4 This had given rise to the assumption, confirmed by Milurrpum v. Nabalco Ltd (the Gove Land Rights case of 1971) that, since no legal rights to land of indigenous people existed in British law and none had been explicitly acknowledged in relation to Australia, no basis existed for their later recognition.5 The leading judgment in Mabo went on to declare, however, that the notion that British law had been transplanted into a settled colony had been based on the assumption that the “indigenous people of a settled colony were … without laws, without a sovereign and primitive in their social organisation”.6 Since “the facts as we know them today” do not “fit this theory” the leading judgment asserted there to be “no warrant for applying in these times rules of the English common law which were a product of that theory”.7
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Jupp, Tony, James Fitzsimons, Ben Carr, and Peter See. "New partnerships for managing large desert landscapes: experiences from the Martu Living Deserts Project." Rangeland Journal 37, no. 6 (2015): 571. http://dx.doi.org/10.1071/rj15047.
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Native fauna in Australia’s arid zone has declined significantly since European settlement; however, Martu country in the Western Desert of Western Australia retains a diversity of iconic and threatened species that were once more widespread. An innovative partnership between The Nature Conservancy, BHP Billiton and the Martu people (represented by Kanyirninpa Jukurrpa – KJ) is achieving positive social, cultural, economic and environmental outcomes, which builds on funding from the Australian Government for land management on Martu country. The partners support Martu people in fulfilling their desire to conserve the cultural and natural values of their 13.7 million ha native title determination area. Through KJ as the local delivery partner, Martu people are returning to work on country to clean and protect waterholes; improve fire management; control feral herbivores and predators; manage cultural heritage; and actively manage priority threatened species (such as the Greater Bilby and the Black-flanked Rock-wallaby). The project provides significant employment opportunities for Martu men and women in ranger teams working throughout their country. It is also generating measurable social, cultural and economic benefits for Martu people and environmental benefits for part of the most intact arid ecosystem anywhere on Earth.
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Green, Stephanie. "The condition of recognition: Gothic intimations in Andrew McGahan's The White Earth." Queensland Review 23, no. 1 (May 31, 2016): 84–94. http://dx.doi.org/10.1017/qre.2016.9.
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AbstractThis article discusses the evocation of the Gothic as a narrative interrogation of the intersections between place, identity and power in Andrew McGahan's The White Earth (2004). The novel deploys common techniques of Gothic literary fiction to create a sense of disassociation from the grip of a European colonial sensibility. It achieves this in various ways, including by representing its central architectural figure of colonial dominance, Kuran House, as an emblem of aristocratic pastoral decline, then by invoking intimations of an ancient supernatural presence which intercedes in the linear descent of colonial possession and, ultimately, by providing a rational explanation for the novel's events. The White Earth further demonstrates the inherently adaptive qualities of Gothic narrative technique as a means of confronting the limits to white belonging in post-colonial Australia by referencing a key historical moment, the 1992 Mabo judgment, which rejected the concept of terra nullius and recognised native title under Australian common law. At once discursive and performative, the sustained way in which the work employs the tropic power of Gothic anxiety serves to reveal the uncertain terms in which its characters negotiate what it means to be Australian, more than 200 years after colonial invasion.
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Godden, Lee. "Grounding Law as Cultural Memory: A ‘Proper’ Account of Property and Native Title in Australian Law and Land." Australian Feminist Law Journal 19, no. 1 (December 2003): 61–80. http://dx.doi.org/10.1080/13200968.2003.10854315.
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Burrows, Elizabeth. "Chronicling the land rights movement: the democratic role of Australian Indigenous land rights publications." Media International Australia 160, no. 1 (August 2016): 114–26. http://dx.doi.org/10.1177/1329878x16646218.
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The Australian land rights debate has polarized public opinion since the 1960s. Deliberative democratic theory argues that sound public opinion forms after citizens engage in discussions about issues of concern, including mediated conversations. Yet, mainstream media coverage of native title disputes has often excluded and ridiculed Indigenous stakeholders. This study draws on in-depth interview and archival data and newspaper content analysis, to examine how land rights publications produced since 1971 have injected Indigenous voices and perspectives into mediated public debates. Producers of land rights publications have sought to redress the balance in democratic processes by providing access to authentic, Indigenous voices. Their content has influenced political policy and public opinion and challenged inaccuracies and misrepresentations within mainstream media coverage.
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Stuckey, Michael. "Not by Discovery but by Conquest: The Use of History and the Meaning of ‘Justice’ in Australian Native Title Cases." Common Law World Review 34, no. 1 (January 2005): 19–38. http://dx.doi.org/10.1350/clwr.34.1.19.60196.
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Mackie, S. I. "2001 EXPLORATION REVIEW." APPEA Journal 42, no. 2 (2002): 71. http://dx.doi.org/10.1071/aj01059.
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Exploration expenditure in 2001 was the highest ever and successful wildcats were drilled in all major petroleum basins. Much of the success can be attributed to the increasing use of 3D seismic data prior to drilling. Although 2001 saw the first onshore exploration permits awarded since the mid-90s the resolution of Native Title still remains the highest concern for onshore exploration. Decreasing 2D acquisition may indicate failure to be exploring in frontier areas. The discovery of the Thylacine and Geographe fields in the offshore Otway recharged exploration on Australia’s southern margins. The success of Cliff Head–1 in the offshore Perth Basin demonstrates that small independents can still play a major role in Australian exploration.
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Hooke, Frank M. "THE NATIVE TITLES ACT 1993—THE PETROLEUM INDUSTRY AND THE FUTURE." APPEA Journal 34, no. 2 (1994): 174. http://dx.doi.org/10.1071/aj93099.
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The judgement of the High Court of Australia in 1992 in Mabo v. Queensland has had a major impact on land law in Australia.The Native Titles Act, 1993, is the first of what will be many steps in a long, complex legislative program to integrate 'native title', into Australia's land law.Those drafting the Native Title Act seemed to have concentrated on dealing with 'native title' issues in isolation and to have ignored or put to one side the need for it to mesh with other aspects of land law. This has created uncertainty for many users of land and will require review.Although the contrary was intended, the Act creates, in practical terms, significant uncertainty for renewal of existing oil and gas exploration and production titles. It also has implications for applicants for new titles and in due course for farmouts and assignments.Eventually additional legislation will be required to clarify the relationship of native title with the other areas of land law.
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Scott, Gavin. "Sword or a shield? The changing dynamic of the regulatory landscape for Australian gas projects." APPEA Journal 54, no. 2 (2014): 509. http://dx.doi.org/10.1071/aj13082.
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From increased domestic opposition to CSG, to international legal challenges about the project financing of gas projects, the Australian gas industry is under siege from numerous stakeholders—communities, domestic governments and non-government organisations both in Australia and internationally. What this has meant for the industry is a significantly increased risk of in doing business in Australia. A key reason for this elevated risk is that stakeholders are becoming increasingly savvy in the legal and quasi-legal avenues for challenging a project—and regulators are increasingly providing stakeholders the tools to do this. During the past two years, we have seen a number of regulatory regimes used, not simply to protect stakeholders’ rights under these regimes, but as part of a strategy to undermine the legal, financial, and reputational foundations of project as a whole. These regimes include: the domestic and international social and environmental impact standards for the financing and assessment of projects; land access and compensation regimes; and, the native title and cultural heritage protection regimes. As a response to stakeholder action, regulators are also becoming more reactive and regulations more proscriptive. This extended abstract examines the financial and operational impacts of using regulatory regimes as a sword, rather than a shield, against gas proponents, using case studies including the challenge to US Ex-Im’s funding of the APLNG project and the James Price Point project. This extended abstract highlights how, in this new legal environment, proponents must balance compliance with relationships, domestic pressures with international standards and cost with exposure to risk.
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Young, D., and G. Scott. "WARD AND WILSON V ANDERSON—EVOLUTION OR REVOLUTION IN NATIVE TITLE LAW?" APPEA Journal 43, no. 1 (2003): 729. http://dx.doi.org/10.1071/aj02043.
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There is now a greater degree of certainty for the petroleum industry in Native Title law following the High Court’s decisions in Ward v Western Australia1 and Wilson v Anderson2. Both decisions were handed down on 8 August 2002. Ward in particular is the most significant Native Title decision in Australia since the High Court’s decision in Wik v Queensland3 in 1996. This paper presents an analysis of the issues dealt with in Ward and Wilson v Anderson with particular emphasis on the application for petroleum. The paper will also illustrate that while greater certainty flows from these decisions, it is still necessary for petroleum and resource companies to engage with Native Title groups (particularly by negotiating agreements) to enable the valid grant of titles and tenements to land subject to Native Title.
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Berson, Josh. "The Dialectal Tribe and the Doctrine of Continuity." Comparative Studies in Society and History 56, no. 2 (April 2014): 381–418. http://dx.doi.org/10.1017/s0010417514000085.
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AbstractIn Australia, applicants for native title—legal recognition of proprietary interest in land devolving from traditions predating colonization—must meet a stringent standard of continuity of social identity since before the advent of Crown sovereignty. As courts and the legislature have gravitated toward an increasingly strict application of the continuity doctrine, anthropologists involved in land claims cases have found themselves rehearsing an old debate in Australian anthropology over the degree to which post-contact patterns of subsistence, movement, and ritual enactment can support inferences about life in precontact Australia. In the 1960s, at the dawn of the land claims era, a handful of anthropologists shifted the debate to an ecological plane. Characterizing Australia on the cusp of colonization as a late Holocene climax human ecosystem, they argued that certain recently observed patterns in the distribution of marks of social cohesion (mutual intelligibility of language, systems of classificatory kinship) could not represent the outcome of such a climax ecosystem and must indicate disintegration of Aboriginal social structures since contact. Foremost among them was Joseph Birdsell, for whom linguistic boundaries, under climax conditions, would self-evidently be congruent with boundaries in breeding pools. Birdsell's intervention came just as the Northern Territory Supreme Court was hearing evidence on the value of dialect as a marker of membership in corporate landholding groups in Yolngu country, and offers an object lesson in how language, race, mode of subsistence, and law come together in efforts to answer the questions “Who was here first?” and “Are those people still here?”
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Haft, Adele J. "Imagining Space and Time in Kenneth Slessor’s “Dutch Seacoast” and Joan Blaeu’s Town Atlas of The Netherlands: Maps and Mapping in Kenneth Slessor’s Poetic Sequence The Atlas, Part Three." Cartographic Perspectives, no. 74 (January 3, 2014): 29–54. http://dx.doi.org/10.14714/cp74.1199.
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“Dutch Seacoast” by the acclaimed Australian poet Kenneth Slessor (1901–1971) is thecenterpiece of The Atlas the five-poem sequence opening his 1932 collection Cuckooz Contrey. Like the other four poems, “Dutch Seacoast” pays tribute to cartography’s “Golden Age,” Toonneel der Steden van de vereenighde Nederlanden being the poem’s epigraph and the title that Joan Blaeu gave to one of two volumes comprising his Town Atlas of the Netherlands (1649). While focusing on Blaeu’s exquisitely ordered map of Amsterdam, Slessor suggests that he is gazing at the map described by his poem and invites us to consider how poets and cartographers represent space and time.An intensely visual poet, Slessor was also attracted to lyrical descriptions of objects: his inspiration for “Dutch Seacoast” was a particularly poetic, but sparsely illustrated, catalogue of maps and atlases. After reprinting the poem and describing its reception, my paper traces the birth of “Dutch Seacoast” (and The Atlas generally) in Slessor’s poetry notebook, the evolution of the poem’s placement within the sequence, and the complex relationships between the poem, the catalogue, and Blaeu’s spectacular atlas. Comparing Blaeu’s idealistic view of Amsterdam with that city’s dominance during the Dutch“Golden Century,” Slessor’s darker obsessions with the poem’s ending, and his “other countries of the mind” with his native Australia, we come to understand why “Dutch Seacoast” remained for the self-deprecating poet one of his eight “least unsuccessful” poems.
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Clarke, J. D. "NATIVE TITLE AND THE PETROLEUM INDUSTRY IN WESTERN AUSTRALIA." APPEA Journal 37, no. 1 (1997): 565. http://dx.doi.org/10.1071/aj96035.
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This paper explains the claimant and the future act processes of the Commonwealth Native Title Act and their operation in Western Australia, particularly in relation to petroleum titles. It then outlines the WA Government's response and future directives, focussing on the amendments needed to produce workable native title legislation.
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Young, D., R. Brockett, and J. Smart. "AUSTRALIA—SOVEREIGN RISK AND THE PETROLEUM INDUSTRY." APPEA Journal 45, no. 1 (2005): 191. http://dx.doi.org/10.1071/aj04017.
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Australia has rejoiced in its reputation for having low sovereign risk and corresponding rating, for decades. This reputation was bruised in the first decade after the High Court introduced Native Title into Australian law by the legislative response of the then Government, but has since recovered, and enjoys the world’s lowest country risk rating, and shares the worlds best sovereign risk rating with the USA. A number of government precipitated occurrences in recent times, however, raise the question: for how long can this continue?This paper tracks the long history of occasional broken resource commitments—for both petroleum and mining interests—by governments at both State and Federal level, and the policies which have driven these breaches. It also discusses the notorious recent cancellation of a resource lease by the Queensland Government, first by purporting to cancel the bauxite lease and, after legal action had commenced, by a special Act of Parliament to repeal a State Agreement Act. This has raised concerns in boardrooms around the world of the security of assets held in Australia on a retention, or care and maintenance basis.The paper also looks at the cancellation of the offshore prospecting rights held by WMC, with no compensation. This was a result of the concept that rights extinguished by the Commonwealth, with no gain to the Commonwealth or any other party do not constitute an acquisition of property, thereby denying access to the constitutional guarantee of ’just terms’ supposedly enshrined in the Australian Constitution where an acquisition has occurred.Some other examples are the prohibition on exploration in Queensland national parks last November. This cost some companies with existing tenures a lot of money as exploration permits were granted, but then permission to do seismic exploration refused (Victoria). Several losses of rights occurred as a result of the new Queensland Petroleum and Other Acts Amendment Act after investments have been made.Changes in fiscal policy can also impact on project viability, and some instances of this are considered.This paper also explores ways these risks can be minimised, and how and when compensation might be recovered.
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Camp, Pat, Mirha Girt, Alix Wells, Adeeb Malas, Maryke Peter, Stephanie Crosbie, and Travis Holyk. "Virtual Care for Indigenous Populations in Canada, the United States, Australia, and New Zealand: Protocol for a Scoping Review." JMIR Research Protocols 9, no. 12 (December 1, 2020): e21860. http://dx.doi.org/10.2196/21860.
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Background Indigenous people in Canada, the United States, Australia, and New Zealand experience an increased burden of chronic diseases compared to non-Indigenous people in these countries. Lack of necessary services and culturally relevant care for Indigenous people contributes to this burden. Many Indigenous communities have implemented systems, such as virtual care, to improve chronic disease management. Virtual care has extended beyond videoconferencing to include more advanced technologies, such as remote biometric monitoring devices. However, given the historical and ongoing Western intrusion into Indigenous day to day life, these technologies may seem more invasive and thus require additional research on their acceptability and utility within Indigenous populations. Objective The objective of this paper is to present the protocol for a scoping review, which aims to map existing evidence. This study is based on the following guiding research question: What are the characteristics of virtual care use by Indigenous adult populations in Canada, the United States, Australia, and New Zealand? The subquestions are related to the technology used, health conditions and nature of the virtual care, cultural safety, and key concepts for effective use. Methods This scoping review protocol is informed by the methodology described by the Joanna Briggs Institute and is supplemented by the frameworks proposed by Arksey and O’Malley and Levac et al. A search for published and gray literature, written in English, and published between 2000 and present will be completed utilizing electronic databases and search engines, including MEDLINE, CINAHL, Embase, Indigenous Peoples of North America, Australian Indigenous HealthInfoNet, Informit, and Native Health Database. Search results will be uploaded to the review software, Covidence, for title and abstract screening before full-text screening begins. This process will be repeated for gray literature. Upon completion, a data abstraction tool will organize the relevant information into categorical formations. Results The search strategy has been confirmed, and the screening of titles and abstracts is underway. As of October 2020, we have identified over 300 articles for full-text screening. Conclusions Previous reviews have addressed virtual care within Indigenous communities. However, new virtual care technologies have since emerged; subsequently, additional literature has been published. Mapping and synthesizing this literature will inform new directions for research and discussion. International Registered Report Identifier (IRRID) PRR1-10.2196/21860
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Young, D. M., and A. M. Kennedy. "LEGAL HIGHLIGHTS OF 1999." APPEA Journal 40, no. 2 (2000): 96. http://dx.doi.org/10.1071/aj99063.
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In 1999 there were a number of significant legislative and judicial developments which affected the petroleum industry. Among these, the more significant included:the commencement of a national review of Australia’s off-shore petroleum legislation1 against competition policy principles;the disallowance by the Federal Senate of the Northern Territory’s alternative right to negotiate (RTN) regime;further shifts towards underground gas storage for commercial purposes;the release of draft legislation to replace the Cultural Record (Landscapes Queensland and Queensland Estate) Act; andthe High Court’s2 decision in Yanner v Eaton.Legislative reform continues to be one of the key issues facing the Australian petroleum industry. Recent events concerning the Northern Territory’s and Queensland’s alternative RTN regimes suggest that replacement of the Commonwealth’s RTN regime with alternative State-based regimes is increasingly unlikely, at least while the Senate remains so constituted. Apart from the uncertainties associated with native title, the industry must also contend with ongoing reform of both cultural heritage and petroleum legislation.The challenges for the petroleum industry in the year 2000 will therefore be to persevere whilst continuing to participate in and contribute to the various review processes.
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Hunt, M. W. "NATIVE TITLE ISSUES AFFECTING PETROLEUM EXPLORATION AND PRODUCTION." APPEA Journal 39, no. 2 (1999): 107. http://dx.doi.org/10.1071/aj98065.
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This paper focusses on onshore exploration and production because the right to negotiate does not apply offshore. However, the Native Title Act can be relevant to offshore oil and gas explorers and producers. First, where their area of interest includes an island within the jurisdiction of Western Australia. Secondly, in respect of land required for the facilities to treat petroleum piped ashore.Under the original Native Title Act the right to negotiate proved unworkable, the expedited procedure failed to facilitate the grant of exploration titles and titles granted after 1 January 1994 were probably invalid.The paper examines the innovations introduced by the amended Native Title Act to consider whether it will be more 'workable' for petroleum explorers and producers. It examines some of categories of future acts in respect of which the right to negotiate does not apply (specifically indigenous land use agreements, renewals and extensions of titles, procedures for infrastructure titles, reserve land, water resources, low impact future acts, approved exploration etc acts and the expedited procedure).Other innovations include the new registration test for native title claims, the validation of pre-Wik titles, the amended right to negotiate procedure, the State implementation of the right of negotiate procedure and the objection and adjudication procedure for grants on pastoral land.The response of each state and territory parliament to the amended Act is considered, as is the Federal Court decision in the Miriuwung Gajerrong land claim (particularly the finding that native title includes resources, questioning whether these resources extend to petroleum).The paper observes that the full impact of the new Act cannot be determined until the states and territories have passed complementary legislation and it is all in operation. However, the paper's preliminary conclusion is that it does not provide a workable framework for the interaction between petroleum companies and native title claimants.The writer's view is that the right to negotiate procedure is unworkable if relied upon to obtain the grant of a title. If a proponent wishes to develop a project in any commercially acceptable timeframe, it will have to negotiate an agreement with native title claimants. The paper's conclusion is that a negotiated agreement is the only way to cope with native title issues.
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Cleary, Paul. "Native title contestation in Western Australia's Pilbara region." International Journal for Crime, Justice and Social Democracy 3, no. 3 (December 1, 2014): 132–48. http://dx.doi.org/10.5204/ijcjsd.v3i3.182.
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The rights afforded to Indigenous Australians under the Native Title Act 1993 (NTA) are very limited and allow for undue coercion by corporate interests, contrary to the claims of many prominent authors in this field. Unlike the Commonwealth’s first land rights law, Aboriginal Lands Rights (Northern Territory) Act 1976 (ALRA) , the NTA does not offer a right of veto to Aboriginal parties; instead, they have a right to negotiate with developers, which has in practice meant very little leverage in negotiations for native title parties. And unlike ALRA, developers can deal with any Indigenous corporation, rather than land councils. These two factors have encouraged opportunistic conduct by some developers and led to vexatious litigation designed to break the resistance of native title parties, as demonstrated by the experience of Aboriginal corporations in the iron ore-rich Pilbara region of Western Australia.
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Hunt, M. W. "NATIVE TITLE AND ABORIGINAL HERITAGE ISSUES AFFECTING OIL AND GAS EXPLORATION AND PRODUCTION." APPEA Journal 41, no. 2 (2001): 115. http://dx.doi.org/10.1071/aj00061.
Full textAbstract:
This paper is principally concerned with native title issues as they affect oil and gas exploration and production. However, it also reviews Aboriginal heritage laws and practices because they have the potential to be just as disruptive to an expeditious exploration program or to the construction of a production facility as do native title claims.The paper focusses on onshore petroleum exploration and production because the right to negotiate under the Native Title Act (NTA) does not apply offshore. However, the paper does consider offshore because the NTA can still affect offshore petroleum explorers and producers; either because their area of interest could include an island within a State or Territory jurisdiction or because the facilities to treat the offshore oil and gas could be located onshore.The paper examines the key provisions of the NTA which are relevant to petroleum explorers and producers, principally the subject of tenure to ground. It considers the validity of already granted titles. It then examines the process of application for new titles.Although the NTA is the common source of problems throughout Australia, it is necessary for the paper to consider the situation in each State and Territory, since the titles are different and the government processes of dealing with native title issues differs in each jurisdiction.Although the focus of the paper is on how to cope with the right to negotiate, the paper considers some of the categories of future acts in respect of which the right to negotiate does not apply (specifically, procedures for infrastructure titles, renewals and extensions of titles, the expedited procedure, indigenous land use agreements, reserve land and approved exploration etc acts).The paper mentions the Federal Court decisions in the Miriuwung Gajerrong and Croker Island native title claims and ponders the options for the High Court in deciding the recent appeals.The paper’s conclusion is that a negotiated agreement is the only way to cope with native title issues. The contents of such an agreement are considered.
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Alexander, Elinor, and Alan Sansome. "Shaping the Cooper Basin's 21st century renaissance." APPEA Journal 52, no. 2 (2012): 690. http://dx.doi.org/10.1071/aj11104.
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The Department of Manufacturing, Innovation, Trade, Resources and Energy (DMITRE) SA has been successfully using competitive acreage releases to manage highly prospective Cooper Basin acreage since 1998. The expiry of long-term exploration licenses enabled the most significant structured release of onshore Australian acreage in the industry’s history—it has generated: 32 petroleum exploration licences (PELs) from ~70,000 km2 acreage; $432 million in guaranteed work program bids; 70 new field discoveries; $107.6 million royalties and $1.4 billion sales;and, increased gas supply-side competition. Cooper acreage turnover has also changed the makeup of Australia’s onshore exploration industry from numerous company-making discoveries. Since 1998, 10 acreage releases have been staged, enabled by the Petroleum Act 2000 (now the Petroleum and Geothermal Energy Act 2000), conjunctive agreements with Native Title claimants, access to multiple-use Innamincka and Strzelecki Regional Reserves, and transparent application and bid assessment processes. Despite delays, most recently due to flooding, all but three of the original PELs are in their second term and relinquished acreage has been incorporated into subsequent releases. All work-program variations have been kept above the second bid score (except one, where the second ranked bidder was consulted and approved the change) preserving bidding system integrity. DMITRE is planning new Cooper Basin acreage releases while contemplating acreage management options for emerging unconventional plays. Industry input to map the best possible future for the SA Cooper Basin continues to be welcomed.
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Dahre, Ulf Johansson. ":Native Title in Australia: An Ethnographic Perspective." PoLAR: Political and Legal Anthropology Review 29, no. 2 (November 2006): 318–22. http://dx.doi.org/10.1525/pol.2006.29.2.318.
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Chaney, F. "Innovation in the rangelands: the role of people." Rangeland Journal 37, no. 6 (2015): 535. http://dx.doi.org/10.1071/rj15037.
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The importance of the rangelands, economically, environmentally, and culturally to Australia, is highlighted. Australians need to be more aware of and appreciate new ways of working in pastoralism, environmental management, with Indigenous communities and mining that point the way to better social, economic, cultural and environmental outcomes. Optimism about the future role of the rangelands stems from the changes in Australia that have occurred over the past 50 years, from a country that was legally and socially segregated. Changes started with advocacy of voting rights for Indigenous people in 1961 and continued with the establishment of Aboriginal legal services, the setting up of the National Native Title Tribunal and native title representative bodies, and the founding of Reconciliation Australia. Changes have occurred because people have tried to make things better, not just for themselves but for Australia. Leadership and tireless action from Indigenous people and non-Indigenous collaborators have been powerful forces for change. However, governments continue to often fail those who live and work in areas that are distant from cities. Change needs to continue and everyone who cares about rangelands has a role, in different ways, to nudge the world of the rangelands to a better place.
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Carstens, Margret. "Territorialrechte in Australien – Native Title-Änderungsgesetze 2009/10." Verfassung in Recht und Übersee 43, no. 4 (2010): 506–14. http://dx.doi.org/10.5771/0506-7286-2010-4-506.
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