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Agreement Making

Broader Land Settlements

The Commonwealth Attorney General has signalled the need for developing innovative policy options for progressing broader and/or regional land settlements that complement the Native Title Act 1993 (Cth) and the work of the Federal Court of Australia. It has established a Joint Working Group on Indigenous Land Settlements to report at the 2009 Native Title Minister’s Meeting. This project aims to address the relevant objectives of:

• developing principles or best practice models to support flexible non-technical approaches to settling native title claims;
• developing appropriate minimum threshold for proof of connection in broader/alternative land settlements;
• developing understanding of the notion of ‘right people for country’ for broader/alternative land settlements;
• analysing the frameworks developed in Victoria and other state government policies;
• examining the implementation of broader land settlements such as Yalanji and Gunditjmara and sharing lessons learned about ways to ensure the delivery of practical, sustainable benefits through native title settlements;
• developing initiatives to overcome impediments to the resolution of native title matters, including the resolution of overlapping claims; and
• analysing native title compensation issues within the context of broader land settlements.

The project will involves a series of workshops and conference sessions, beginning with an examination of appropriate connection approaches for southern Australia.

The project has involved the production of an annotated bibliography of existing research materials concerning broader/regional agreements and agreement-making.

• Native Title Agreement Making Research Resources 106Kb

  Provides an annotated reference list of native title agreement making research resources.

• Victorian Settlement Framework 24Kb

  Provides an overview and reference list of information regarding the Victorian Government's establishment of a new Native Title Settlement Framework in June, 2009.

• South Australian Settlement Framework 14Kb

  Provides an overview and reference list of information regarding the South Australian Government's Native Title Settlement Framework which emphasises negotiation rather than through court-based litigation.