Gotowa bibliografia na temat „Negotiating native title”
Utwórz poprawne odniesienie w stylach APA, MLA, Chicago, Harvard i wielu innych
Spis treści
Zobacz listy aktualnych artykułów, książek, rozpraw, streszczeń i innych źródeł naukowych na temat „Negotiating native title”.
Przycisk „Dodaj do bibliografii” jest dostępny obok każdej pracy w bibliografii. Użyj go – a my automatycznie utworzymy odniesienie bibliograficzne do wybranej pracy w stylu cytowania, którego potrzebujesz: APA, MLA, Harvard, Chicago, Vancouver itp.
Możesz również pobrać pełny tekst publikacji naukowej w formacie „.pdf” i przeczytać adnotację do pracy online, jeśli odpowiednie parametry są dostępne w metadanych.
Artykuły w czasopismach na temat "Negotiating native title"
1
Vickery, E. J. "THE NEGOTIATED PRICE OF CERTAINTY—RECENT DEVELOPMENTS IN NATIVE TITLE AGREEMENTS AFFECTING THE PETROLEUM INDUSTRY". APPEA Journal 44, nr 1 (2004): 753. http://dx.doi.org/10.1071/aj03039.
Pełny tekst źródłaStreszczenie:
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.
2
Young, D., i G. Scott. "WARD AND WILSON V ANDERSON—EVOLUTION OR REVOLUTION IN NATIVE TITLE LAW?" APPEA Journal 43, nr 1 (2003): 729. http://dx.doi.org/10.1071/aj02043.
Pełny tekst źródłaStreszczenie:
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.
3
Altman, J. C. "NATIVE TITLE AND THE PETROLEUM INDUSTRY: RECENT DEVELOPMENTS, OPTIONS, RISKS AND STRATEGIC CHOICES". APPEA Journal 36, nr 2 (1996): 139. http://dx.doi.org/10.1071/aj95074.
Pełny tekst źródłaStreszczenie:
The Native Title Act 1993 (NTA) introduces a new dimension to Australia's land tenure systems; new property rights are established for native title parties via the creation of a 'right to negotiate' (RTN) with respect to future acts on land where native title might be determined. There is growing recognition that, legal uncertainties about the potential co-existence of native title on pastoral leases aside, there are elements of the NTA that are resulting in sub-optimal outcomes for the petroleum industry. Within a Coasian analytical framework it is demonstrated that owing to unclear property rights, transactions costs for negotiating exploration and production with native title parties are high. Recognising this, the Commonwealth government has proposed a package of amendments that attempt to address industry concerns while balancing these against indigenous interests. These recommendations include a once-only RTN, a higher threshold for registration of claims, automatic renewal of existing production leases and mandatory statutory functions for Native Title Representative Bodies (NTRBs) that will require them to resolve competing native title claims and to sign-off agreements with resource developers. Noting that strategic behaviour by industry, indigenous parties and especially State governments have hampered effective operations of the NTA, the paper ends by considering the choices available to the petroleum industry to ensure that statutory amendments are in its best interests.
4
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, nr 5 (październik 2005): 757–70. http://dx.doi.org/10.1068/d357t.
Pełny tekst źródłaStreszczenie:
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.
5
Young, D., G. Scott i J. Norris. "RECENT DEVELOPMENTS IN NATIVE TITLE LAW AND CULTURAL HERITAGE AFFECTING THE PETROLEUM INDUSTRY—CERTAINTY, BUT AT A PRICE". APPEA Journal 44, nr 1 (2004): 741. http://dx.doi.org/10.1071/aj03038.
Pełny tekst źródłaStreszczenie:
The mosaic of the common law relating to Native Title, which underpins the Native Title and other Acts, continues to be filled in by the courts increasing certainty for all parties. Last year saw the High Court’s Ward decision—the most significant decision for the petroleum industry since Mabo in 1992. Since then there have been three more important decisions, which while not making new law, have shown how the principles enunciated in Ward and Yorta Yorta are being applied. Some of the cases examined include the Daniel and De Rose Hill decisions, which have application to petroleum tenements.This paper will outline the recent developments, and demonstrate how the decisions have reduced uncertainty, thereby narrowing the areas about which negotiation must occur. The hurdle for proving the existence of Native Title remains high.It has not all been in favour of industry, however. Increasingly, Native Title cases, such as Daniels have resulted in unexpected findings that some conventional titles had been invalidly granted. Titles which seemingly ought to have extinguished Native Title have turned out to be invalid, and in many cases irretrievably so. The paper looks at the implications of this for industry as well.
6
Martin, N. W. "THE COOPER BASIN NATIVE TITLE AGREEMENTS—AN EXPLORER’S PERSPECTIVE". APPEA Journal 42, nr 1 (2002): 711. http://dx.doi.org/10.1071/aj01047.
Pełny tekst źródłaStreszczenie:
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.
7
Sutton, Peter. "Considerations for the Production of Native Title Negotiation Anthropological Reports". Practicing Anthropology 23, nr 1 (1.01.2001): 24–28. http://dx.doi.org/10.17730/praa.23.1.rnh57008jx6m010x.
Pełny tekst źródłaStreszczenie:
With a view to settling native title claims by negotiation rather than litigation, it is common practice in Australia for the Indigenous applicant groups' case to be outlined in writing in a rather brief and concentrated way. This may be called a ‘negotiation report’, or a ‘connection report’, for example, depending on the region. Anthropologists may be asked to contribute to this report, or even to write the whole of it. In it they usually provide a skeletal outline of the nature of the applicants' relationships to the area subject to a determination of native title. This would normally cover the nature of their rights and interests in the country and how those rights and interests are acquired, a history of the applicant group's connection to the relevant country from the establishment of British sovereignty to the present, and exemplars of the kind of evidentiary material that would be expanded if called upon during any later adversarial process, should the latter occur. In this brief paper I offer some suggestions that might be considered by anthropologists who have been engaged to write such reports.
8
Cleary, Paul. "Native title contestation in Western Australia's Pilbara region". International Journal for Crime, Justice and Social Democracy 3, nr 3 (1.12.2014): 132–48. http://dx.doi.org/10.5204/ijcjsd.v3i3.182.
Pełny tekst źródłaStreszczenie:
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.
9
Scott, Gavin, i Leonie Flynn. "Successful strategies for native title and Aboriginal cultural heritage approvals—;an examination through the development of the Queensland CSG and LNG industry". APPEA Journal 50, nr 2 (2010): 697. http://dx.doi.org/10.1071/aj09061.
Pełny tekst źródłaStreszczenie:
2009 saw an unprecedented level of engagement between oil and gas companies in Queensland and Aboriginal groups, primarily because of Queensland’s burgeoning CSG/LNG industry. Most proponents have had to deal with native title and Aboriginal cultural heritage arrangements with multiple parties simultaneously, often in the early stages of project developments where project certainty is low. Many native title parties have also had to deal with multiple projects at the same time. This has added an extra layer of complexity to what is already a difficult negotiation and regulatory landscape.Queensland and Commonwealth legislation impose a complex system of regulatory approvals governing the interaction of Aboriginal interests and oil and gas projects. Project proponents must comply with state petroleum legislation and Commonwealth native title legislation to ensure approvals are validly granted. This paper will examine the complex legislative and regulatory hurdles that have been faced by project proponents in the Queensland CSG/LNG industry in managing native title and Aboriginal cultural heritage issues. The paper will critically analyse the generally accepted strategies being implemented to address native title and Aboriginal cultural heritage issues. This will include a specific focus on the legal requirements to obtain indigenous land use agreements, the fundamental issues required to be addressed to achieve the authorisation and registration of these agreements, and the alternative options if it is not possible to obtain these agreements. Finally, the paper will conclude with some commentary on the legal aspects of managing Aboriginal cultural heritage.
10
Scott, G. "CULTURAL HERITAGE AND THE PETROLEUM INDUSTRY". APPEA Journal 46, nr 1 (2006): 611. http://dx.doi.org/10.1071/aj05042.
Pełny tekst źródłaStreszczenie:
Since the introduction of the Native Title Act 1993 (Cth) and its subsequent amendment in 1998, the main focus for developing pipeline projects was on native title issues. Cultural heritage was seen as a more operational matter and not one that would affect the ability to operate or construct pipelines. With higher standards being set by the High Court for native title claimants to maintain a claim, the management of cultural heritage issues (as opposed to the protection of native title rights) are now forming a significant part of negotiations between project proponents and indigenous groups for the development of petroleum projects.State, Territory and Commonwealth legislation dealing with Aboriginal cultural heritage also provides a more immediate source of obligations on project proponents. Even when all regulatory authorities and approvals are held, this legislation can provide affected parties the ability to stop projects if proponents ignore the requirements to protect and manage Aboriginal cultural heritage.This paper briefly examines how cultural heritage issues and native title issues interact from a practical viewpoint and then goes on to provide an overview of cultural heritage legislation throughout Australia including a focus on the unique model adopted in Queensland through the introduction of the ‘cultural heritage duty of care’.This paper then provides examples of what companies will need to do to comply with statutory obligations in minimising harm to cultural heritage through examples of common inclusions in cultural heritage management plans, together with identifying issues that are often forgotten to the detriment of a project in such plans. It also points out why cultural heritage issues may need more immediate actions in comparison with native title issues for the development and construction of new petroleum projects.
Rozprawy doktorskie na temat "Negotiating native title"
1
au, j. morrison@murdoch edu, i Judith Ellen Morrison. "Independent scholarly reporting about conflict interventions: negotiating aboriginal native title in south Australia". Murdoch University, 2007. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20080904.141252.
Pełny tekst źródłaStreszczenie:
This thesis uses an action research methodology to develop a framework for improving independent scholarly reporting about interventions addressing social or environmental conflict. As there are often contradictory interpretations about the causes and strategic responses to conflict, the problem confronting scholar-reporters is how to address perceptions of bias and reflexively specify the purpose of reporting. It is proposed that scholar-reporters require grounding in conventional realist-based social theory but equally ability to incorporate theoretical ideas generated in more idealist-based peace research and applied conflict resolution studies. To do this scholar-reporters can take a comparative approach systematically developed through an integrated framework as described in this thesis.
Conceptual and theoretical considerations that support both conventional and more radical constructions are comparatively analysed and then tested in relation to a case study. In 2000 Aboriginal people throughout South Australia deliberated whether their native title claims could be better accorded recognition through conservative court processes or a negotiation process to allay deep-seated conflict. The author, in a scholar-reporter capacity, formulated a report attributing meaning to this consultative process.
As such a report could have been formulated according to alternative paradigms, methodological approaches and theoretical frameworks, the analysis of the adopted framework highlights how different approaches can bias the interpretation of the process and prospects for change. Realist-based conservative interpretations emphasise 'official' decision-making processes where legitimacy is expressed through political and legal frameworks based on precedent. Idealist-based interpretations emphasise that circumstances entailing significant conflict warrant equal consideration being given to 'non-official' 'resolutionary' problem-solving processes where conflict is treated as a catalyst for learning and outcomes are articulated as understanding generated about conflict and how different strategies can transform it.
The developed integrated framework approach establishes the independence of scholarly reporting. Its purpose goes beyond perpetuating scholarly debate about alternative 'objective' understandings of conflict; it focuses primarily on communicating a more inclusive understanding of the contradictions inherent in a particular conflict. It increases the capacity to understand when, where, why and how conflict precipitates social change, and articulates possibilities for reconceptualising what might be the more sustainable direction of change.
2
Morrison, Judith Ellen. "Independent scholarly reporting about conflict interventions : negotiating Aboriginal Native Title in South Australia /". Morrison, Judith Ellen (2007) Independent scholarly reporting about conflict interventions: negotiating aboriginal native title in south Australia. PhD thesis, Murdoch University, 2007. http://researchrepository.murdoch.edu.au/210/.
Pełny tekst źródłaStreszczenie:
This thesis uses an action research methodology to develop a framework for improving independent scholarly reporting about interventions addressing social or environmental conflict. As there are often contradictory interpretations about the causes and strategic responses to conflict, the problem confronting scholar-reporters is how to address perceptions of bias and reflexively specify the purpose of reporting. It is proposed that scholar-reporters require grounding in conventional realist-based social theory but equally ability to incorporate theoretical ideas generated in more idealist-based peace research and applied conflict resolution studies. To do this scholar-reporters can take a comparative approach systematically developed through an integrated framework as described in this thesis.
Conceptual and theoretical considerations that support both conventional and more radical constructions are comparatively analysed and then tested in relation to a case study. In 2000 Aboriginal people throughout South Australia deliberated whether their native title claims could be better accorded recognition through conservative court processes or a negotiation process to allay deep-seated conflict. The author, in a scholar-reporter capacity, formulated a report attributing meaning to this consultative process.
As such a report could have been formulated according to alternative paradigms, methodological approaches and theoretical frameworks, the analysis of the adopted framework highlights how different approaches can bias the interpretation of the process and prospects for change. Realist-based conservative interpretations emphasise 'official' decision-making processes where legitimacy is expressed through political and legal frameworks based on precedent. Idealist-based interpretations emphasise that circumstances entailing significant conflict warrant equal consideration being given to 'non-official' 'resolutionary' problem-solving processes where conflict is treated as a catalyst for learning and outcomes are articulated as understanding generated about conflict and how different strategies can transform it.
The developed integrated framework approach establishes the independence of scholarly reporting. Its purpose goes beyond perpetuating scholarly debate about alternative 'objective' understandings of conflict; it focuses primarily on communicating a more inclusive understanding of the contradictions inherent in a particular conflict. It increases the capacity to understand when, where, why and how conflict precipitates social change, and articulates possibilities for reconceptualising what might be the more sustainable direction of change.
Książki na temat "Negotiating native title"
1
Jackson, Sue. When history meets the new native title era at the negotiating table: A case study in reconciling land use in Broome, Western Australia : a discussion paper. Darwin: North Australia Research Unit, the Australian National University, 1996.
Znajdź pełny tekst źródła
2
Morrison, Judith. Uniting the voices: Decision making to negotiate for native title in South Australia : independent review of Aboriginal Legal Rights Movement Native Title Unit's facilitation of decision making by South Australian native title management committees, July-October 2000. Adelaide: Aboriginal Legal Rights Movement, Native Title Unit, 2001.
Znajdź pełny tekst źródła
3
US GOVERNMENT. An Act to Direct Expedited Negotiated Settlement of the Land Rights of the Kenai Natives Association, Inc., under Section 14(h)(3) of the Alaska Native Claims Settlement Act, by Directing Land Acquisition and Exchange Negotiations by the Secretary of the Interior and Certain Alaska Native Corporations Involving Lands and Interests in Lands Held by the United States and Such Corporations. [Washington, D.C.?: U.S. G.P.O., 1992.
Znajdź pełny tekst źródła