CONFERENCE PRESENTATIONS

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Eileen Alberts, Denise Lovett, Ann Daniel, Annie Keely, Ray Madden, Ben Wurm, James Stephens, Alda Achilingam, Mark Riley, Gabrielle Brennan & Tony Neal SC 

Reflections on the Gunditjmara Native Title Application Settlement

Gunditjmara people are the Aboriginal traditional owners of Far South West Victoria. The Gunditjmara native title application was lodged in 1996 following the introduction of the Native Title Act 1993 (Cth). In 2004 after little progress in mediation between the Applicant and State of Victoria, Justice North listed a three day early evidence hearing which took place on country in late March and early April 2005. The Early Evidence Hearing began a process of both litigation and mediation, which achieved a consent determination for the Gunditjmara on 30 March 2007.

This presentation will discuss the Gunditjmara process, which included mediation conducted by Registrar Anderson and Registrar Edwards of the Federal Court, along with a conference of experts convened in October 2005. This process resulted in the State of Victoria making an offer to the Gunditjmara in late November 2005 to settle their native title application.

Together with the State of Victoria, representatives of the Gunditjmara along with their legal representatives and anthropologist, will reflect on the Gunditjmara native title settlement process and the second consent determination achieved in Victoria recognising continuing connection to country.  

Alda Achilingam is the Principal Legal Officer in the Indigenous Land Policy and Native Title Unit, Department of Sustainability and Environment. Alda has worked in DSE for nearly 5 years and was responsible for managing DSE’s involvement in the Gunditjmara native title claim settlement.  She is also responsible for providing legal and policy advice in the Department's administration of the future act regime.

Eileen Alberts is a Gunditjmara Native Title Holder from south-west Victoria. She has six years experience as a Community Liaison Officer in native title and worked as the Community Liaison Officer at Native Title Services Victoria on the Gunditjmara Native Title Applications. Eileen was one of two Gunditjmara witnesses to give evidence on-country during the three day Early Evidence Hearing in 2005. She also has experience working with Winda Mara Aboriginal Corporation to set up Budj-Bim Aboriginal Tours to Lake Condah to explore the remains of Gunditjmara stone huts and fish traps. Eileen is secretary of the Gunditj Mirring Traditional Owners Aboriginal Corporation, the PBC responsible for managing the Gunditjmara native title rights and interests.

Gabrielle Brennan is Senior Policy Advisor on Indigenous Issues with the Victorian Department of Primary Industries (DPI). Gabrielle is responsible for leading the implementation of the Department’s Indigenous Action Plan. Her role includes coordinating the DPI input into native title negotiations and policy responses.   Prior to joining DPI in 2005, Gabrielle was a Team Leader for Heritage Programs in Aboriginal Affairs Victoria.  In this role she worked closely with Indigenous communities in the North and West of Victoria.

Ann Daniel is a lawyer who has previously worked for the New South Wales Government and Cape York Land Council. Since January 2005 she has been working on the Gunditjmara Native Title Applications at Native Title Services Victoria which achieved a consent determination in March 2007. Ann is currently completing her Masters of Law and Development at the University of Melbourne and has an interest in the process of negotiation as a means of empowering people.

Annie Keely is a lawyer who has worked in the native title and land rights field for many years.  She worked at the Central Land Council on various land rights claims from 1988 to 1995.  Later she was instructing solicitor & counsel in the Alice Springs native title claim (Hayes) and appeared as female counsel in the Yulara compensation claim.  From 2004 –2006, she job-shared the position of PLO at Native Title Services Victoria and is now self-employed. She worked for 3 years on the Gunditjmara native tile claim in south-west Victoria which settled with a Consent Determination on 30 March 2007 . She is currently working on the Gunai/Kurnai claim in Gippsland and the Gangalidda & Garawa claim in the Gulf of Carpentaria.      

Denise Lovett is a Gunditjmara Native Title Holder from south-west Victoria. She has six years experience as the Aboriginal Cultural Heritage Officer for the South West and Wimmera Cultural Heritage Program and has been responsible for brokering agreements between the Gunditjmara people, developers, local government, individual land owners, and stakeholders such as Telstra and VicRoads. She has been involved in negotiating agreements on high profile projects including the Portland Wind Towers and the Glenelg Water Pipeline. In October 2006, Denise was appointed a member of the new Victorian Aboriginal Heritage Council, as part of a group of Victorian Indigenous people who will advise the Victorian State Government on cultural heritage.

Ray Madden is a part-time Senior Anthropologist (part-time) at Native Title Services Victoria and a lecturer in Anthropology (part-time) in the school of Social Sciences, La Trobe University, Bundoora. Ray's native title research has focussed on western Victoria and he has produced connection material for the two successful native title applications in Victoria - Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk application and the Gunditjmara application.

Tony Neal SC has been a member of the Victorian Bar for 30 years. He was Senior Counsel for the State of Victoria in Gunditjmara. During the 1990's Tony worked  as counsel assisting the Aboriginal Land Commissioner dealing with numerous claims under the  Aboriginal Land Rights Act .Tony appeared in Yorta Yorta both at trial and on the appeals. He has been retained by the State in Wotjobaluk and other Victorian claims.

Mark Riley is a Senior Project Officer in the Indigenous Land Policy and Native Title Unit, Department of Sustainability and Environment (DSE). Mark participated on behalf of DSE in negotiations to settle the Gunditjmara native title claims.  He has worked in DSE for over 20 years in a variety of roles beginning as a field officer (Park Ranger, Fisheries and Wildlife Officer), extension (Land for Wildlife Officer), planning, policy development and firefighting roles. He holds a Masters degree in Environmental Science.

James Stephens is a Solicitor at the Victorian Government Solicitor’s Office (VGSO). James Stephens has worked on the Wotjobaluk and Gunditjmara consent determinations as part of his work at the VGSO over the last two years.  He continues to work on other Victorian claims.  

Ben Wurm is a Senior Claims Manager in the Native Title Unit, Department of Justice. Ben was responsible for co-ordinating the State government response in negotiations to settle the Gunditjmara native title applications which lead to a Consent Determination on 30 March 2007. He has previously worked for the Northern Territory government and from 1994 to 2005 at the Kimberley Land Council.

Iain Anderson & Greg Roche with commentary by Brian Wyatt

NTRBs, PBCs, Technical Amendments and Third Party Respondent Funding

In this panel discussion representatives from the Attorney-General’s Department and the Department of Families, Community Services and Indigenous Affairs will provide an overview of the recent native title reforms, including native title representative body reforms, changes in policy relating to prescribed bodies corporate, technical and further amendments, government transparency,  and changes to third party respondent funding. The reforms will have a significant impact on nearly every aspect of the native title system.  Native title bodies have now had time to consider the impact of these changes and will provide a commentary on the implementation of the government's package. 

Iain Anderson is the First Assistant Secretary,  Legal Services and Native Title Division, Australian Government Attorney-General's Department. This Division includes the Native Title Unit, which provides policy and legal advice to the Attorney-General on native title and on the Australian Government's participation in native title claims and future acts, as well as assisting the Attorney-General to administer those parts of the Native Title Act not administered by the Minister for Families, Community Services and Indigenous Affairs.

Greg Roche is the Assistant Secretary of the Land Branch, Department of Families, Community Services and Indigenous Affairs.

Brian Wyatt has more than 30 years experience in community and government administration of Aboriginal affairs. He has worked as a senior adviser to government ministers, regional manager with the WA Aboriginal Affairs Department, assistant general manager of Aboriginal Hostels Ltd, and director of the Eastern Goldfields Aboriginal Council. Brian has been Executive Director of the Goldfields Land and Sea Council (GLSC) since 1999. The GLSC is the peak representative organisation for the region’s more than 3000 Indigenous people, and is the Federal Government-recognised native title representative body for the region. He is the current Chairman of the recently established National Native Title Council of Australia and also participates in the MCA Indigenous Leadership Forum.

Brian is a strong advocate of land justice for Aboriginal people and of using negotiated agreements, instead of litigation, for resolving native title claims, protecting Indigenous heritage, and providing economic and employment opportunities. In 2001 he attended the UN Conference on Racism in Durban, South Africa and in 2002 his speech to a national forum in Canberra in 2002 led to the Human Rights Commission inquiry into racism in the Goldfields, which reinvigorated the push for reconciliation across the region. In 2003 Brian was awarded a Churchill Fellowship to research land rights and economic development in South Africa, Canada and North America.

Laura Beacroft

Supporting Sustainable Corporations in the Native Title Sector

Over 2500 Aboriginal and Torres Strait Islander corporations are registered with ORAC. Most are located in remote areas and are not-for-profit organisations that receive income through some form of government funding. Many provide essential services, hold or manage land, and deliver a range of services and functions in communities. Use of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 which replaces the Aboriginal Councils and Associations Act 1976 from 1 July 2007 is voluntary in that Indigenous groups, except in the case of PBCs, can use other Commonwealth or state and territory legislation to incorporate.

Aboriginal and Torres Strait Islander corporations are different from non-Indigenous corporations in various ways: they may only have Aboriginal and Torres Strait Islander members; most provide services in remote areas; and they are often faced with unique challenges that working in a cross cultural environment brings. Corporations holding and/or managing native title are in a unique position because they have to balance their obligations to members generally while still meeting their duties to native title holders.

Of course Aboriginal and Torres Strait Islander not-for-profit corporations share many features with other not-for-profit corporations around the world. Ms Beacroft will discuss the similarities that exist between these corporations in Australia and other structures incorporated under different legislation. She will also explore the opportunities offered by the CATSI Act for developing and supporting sustainable corporate governance arrangements that allow for corporations, their members and stakeholders to meet their objectives.

Laura Beacroft is the Registrar of Aboriginal Corporations. It is a position that was established to support flexible incorporation of Indigenous groups under the Aboriginal Councils and Associations Act 1976. Laura was appointed to the position of Registrar on 1 August 2002. During her tenure, she has overseen the development of the new Corporations (Aboriginal and Torres Strait Islander) Act 2006 which will replace the ACA Act from 1 July this year. Laura is a lawyer who has worked with community and Indigenous organisations over many years, including with Legal Aid and with the Aboriginal Legal Services. She is also co-author of Indigenous Legal Issues, with Heather McRae and Garth Nettheim.

Dominic Beckett

The 2007 Native Title Amendment Bills – A Critique

This paper will provide a critique of the 2007 Native Title Amendment Bills.

Dominic Beckett is a solicitor working for Chalk & Fitzgerald, Lawyers & Consultants in Sydney. His experience in land rights, native title and related fields began in 1997 when he was employed by the Northern Land Council. In his current work for Chalk & Fitzgerald, he is involved in the conduct of native title claims, statutory land claims and a broad range of related litigation, advice work and policy development and law reform work, on behalf of Aboriginal land councils, representative bodies and other bodies in Queensland and New South Wales.

Tom Birch & Frank Davey

Native Title in the Kimberley: A Regional Snapshot

This presentation will provide an overview of native title in the Kimberley region, Western Australia. 

Tom Birch is Chairman of the Kimberley Land Council. He represents the Balanggarra Traditional Owners of the Northern Kimberley area. Tom has dealt with the KLC as a Traditional Owner since the beginning of the Balangarra claim.  He has been on the Executive Board since 1994, and served as Deputy Chairman from 1995 to 1998, when he was elected as Chairman of the KLC.

During Mr Birch’s time as Chairman, the KLC has: litigated and mediated 7 successful native title determinations, covering more than 125,000 km2 (>30%) of the Kimberley; negotiated a range of resource sector agreements across the Kimberley; concluded extensive negotiations with the Western Australian Government for major expansion of irrigated agriculture on the Ord development in the East Kimberley; developed Indigenous Protected Areas, and ‘caring for country’ land management projects; produced a number of nationally and regionally significant reports and provided a strong voice for Kimberley Indigenous people. These achievements have secured real and ongoing benefits to Indigenous people, through land tenure, employment and business opportunities, community development, and investment in the future.

As Chairman, Mr Birch provides leadership and direction for the Executive Board, the Executive Director, and KLC staff.  He is respected as a fair and generous man, with a good sense of humour, who doesn’t back away from the issues confronting his people.

Frank Davey is Deputy Chairman of the Kimberley Land Council.

Megan Brayne

No Ordinary Joinder: PNG Nationals and the Torres Strait Regional Sea Claim

The Torres Strait is unique, both culturally and geographically and because its islands constitute Australia's only real land border. The Torres Strait Regional Sea Claim covers 44,000 square kilometres of beautiful and treacherous sea country, where the Coral and Arafura seas meet between the tip of Cape York and Papua New Guinea. Traditional inhabitants from PNG have free movement in much of the region, and a number have applied to be joined to the Sea Claim. The joinder application of one PNG party was recently heard before the Full Court of the Federal Court of Australia. In this presentation lawyer Megan Brayne, of the Torres Strait Regional Authority, gives an explanation of some of the issues that arise when international parties seek to join an Australian native title claim.

Megan Brayne is a lawyer who is currently working for the Torres Strait Regional Authority. Prior to moving to the Torres Strait she practiced commercial litigation and mergers and acquisitions with Allens Arthur Robinson in Sydney, and worked for the Department of Foreign Affairs in Copenhagen. 

Jim Brooks

Climate Change and Native Title

The likelihood of imminent global climate change is accepted by the world’s scientific community. Projections describe profound implications for the environment and civilization.   

Global warming within the scientifically-identified range will affect the flora, fauna, weather, resource use, and land management. Major public policy issues which will affect native title practice will arise, and some opportunities for traditional owners may present.

This paper will examine the nature of climate change, possible consequences for traditional owners and native title, and invite discussion on possible responses.

Jim Brooks is a sole practitioner in Cairns, and a consultant to Cape York Land Council. Jim was formerly the General Manager at Cape York Land Council and was Senior Legal Officer in the team working on the Eastern Kuku Yalanji matters. Jim has worked with Indigenous issues for two decades as a private legal practitioner, the Regional Manager of the National Native Title Tribunal’s Cairns Office, Secretary of the Stolen Children’s Inquiry, and Regional Manager of the Human Rights and Equal Opportunity Commission and Anti-Discrimination Commission.

Jim Brooks & Jane Holden

Eastern Kuku Yalanji Package

In this session the presenters describe the negotiation process, outcomes, and issues which arose and how they were resolved during the recent, significant Eastern Kuku Yalanji native title/land package. 

Issues will include:

• Team-based approach to negotiation;
• Managing/responding to ‘the ebb and flow of native title’ during the life of the 13 year old claim;
• Resourcing a complex negotiation;
• Factors shaping the outcomes, including environmental issues.

The Eastern Kuku Yalanji people lodged a native title application in 1994.   In 1997, The Cape York Land Council on their behalf proposed a tenure resolution package to the State to resolve native title, land and land management issues within their traditional land area. About 80% of the agreement area is located within the Wet Tropics World Heritage Area.  Respondent parties included The State, 3 local government authorities, graziers, and others. 

After intense negotiations, which commenced in 2000, a package of 15 Indigenous Land Use Agreements was completed in March this year.  The package appears to be the most detailed and comprehensive native title package yet negotiated, and the negotiation process consumed substantial resources.

The agreements provide for recognition of native title, creation of new national parks, participatory management in national parks, transfer of extensive freehold to the traditional owners, a hunting protocol, and a greater role for traditional owners in land management. 

The package represents a compromise responsive to traditional owner aspirations, current native title outcomes, environmental values, and the prevailing negotiating climate. 

Jim Brooks is a sole practitioner in Cairns, and a consultant to Cape York Land Council. Jim was formerly the General Manager at Cape York Land Council and was Senior Legal Officer in the team working on the Eastern Kuku Yalanji matters. Jim has worked with Indigenous issues for two decades as a private legal practitioner, the Regional Manager of the National Native Title Tribunal’s Cairns Office, Secretary of the Stolen Children’s Inquiry, and Regional Manager of the Human Rights and Equal Opportunity Commission and Anti-Discrimination Commission.

Jane Holden coordinates the Strategic Outcomes Unit within the Cape York Land Council.  She was the Senior Project Manager on the Eastern Kuku Yalanji negotiations from January 2004.  Jane was formerly a Case Manager at the Tribunal’s Cairns Office.  Jane holds a Commerce degree and has been involved in coordinating stakeholder engagement in native title processes for the past 7 years.

Belinda Burbidge & Tim Pilbrow

Modes of Communication: the Exploration of Language and the Articulation of Identity within Victorian Native Title Claim Groups

In the past attention to language within native title anthropological research in Victoria has been focused upon the content of language rather then the forms of communication in use within Aboriginal communities. This paper introduces five areas of research that aim to address the indexical relationship between modes of communication and the articulation of collective identities and conceptions of society.  The five areas discussed are patterned use of naming conventions, joking relationships, place names, genealogical knowledge, and the concealment or secrecy of knowledge. The paper identifies ways in which attention to modes of communication can enhance our ability to address central themes in native title research such as: rights to knowledge and the communication of knowledge (e.g., speaking rights); mechanisms for articulating inter- and intra-group identity; and social boundary maintenance. The discussion is supported by theoretical models from Roman Jacobson, Hayden White, and Mikhail Bakhtin, as well as ethnographic and theoretical insights arising out of research on modes of communication in contemporary Native American societies from Keith Basso, Greg Sarris and Karen Blu.

Belinda Burbidge completed a Bachelor of Arts, majoring in Archaeology and Anthropology and a Master of Arts with Honors, majoring in Anthropology from the Australian National University before commencing her first native title position as Researcher, Anthropology for Native Title Services Victoria in 2006. Over the past year she has completed ethnographic and desk top research for claimant groups in the east, far east and north west Victoria.

Tim Pilbrow received his M.A and Ph.D. in sociocultural anthropology from New York University, and his B.A. in Slavic languages, social anthropology and linguistics from Monash University. His doctoral dissertation research was on changing conceptualizations of national identity in post-1989 Bulgaria as seen from the vantage point of the secondary-school history classroom. He has ongoing research interests in the poetics of social and cultural practices, the reproduction of social identities, and history as a means to objectifying identity. After five years teaching anthropology at several US tertiary institutions, Dr. Pilbrow joined Native Title Services Victoria as a senior anthropologist in 2006.

Tom Calma

Maximising Economic and Community Development Opportunities through Native Title and other Forms of Agreement-Making

This paper will explore the ways in which Indigenous people can utilise mainstream processes to maximise opportunities for cultural, economic and community development through native title and other forms of agreement making. In the context of the current reform agenda, it is crucial that Indigenous people are aware of our options and what opportunities are available to us.

The Federal Government’s ‘new arrangements’ policies are aimed at creating sustainable Indigenous communities based on economic self-reliance. While there are a good range of economic development programs available to Indigenous Australians, better coordination and application of agreement-making could significantly increase the capacity for Indigenous economic development prospects.

While some Indigenous people are aware of possibilities for leveraging native title agreements and government funding arrangements for economic and community development goals, many Indigenous people, particularly those in remote communities, are not receiving this information or are unable to benefit from these opportunities.  In addition, recent government policies and legislative amendments are removing Indigenous peoples from decision-making processes. These processes are being systematically replaced with government controlled administrations and entities.

In order for economic development to be successful, Indigenous stakeholders must be involved as active participants in the process of negotiating and deciding upon the economic and social policies that will impact on our communities. Indigenous stakeholders require control of the development goals and agendas for economic development, and the government has an obligation to ensure that its policies, legislations, and practices are inclusive of a human rights based approach to development. This paper will explore traditional owner and native title claimant’s perspectives of Indigenous land rights and describe three case studies that demonstrate the ways in which agreements and enterprises can ensure that Indigenous aspirations and outcomes are met.

Tom Calma is an Aboriginal elder from the Kungarakan tribal group and the Iwadja tribal group whose traditional lands are in the Northern Territory. He has been involved in Indigenous affairs at a local, community, state, national and international level for over 30 years. Mr Calma is currently the Aboriginal and Torres Strait Islander Social Justice Commissioner and acting Race Discrimination Commissioner. Mr Calma has broad experience in public administration, particularly in Indigenous education programs and in developing employment and training programs for Indigenous people. He has also worked as a senior Australian diplomat in India and Vietnam representing Australia’s interests in education and training.

Valerie Cooms & Tony McAvoy

Implementation of the QSNTS Strategic Plan

The presentation will examine the circumstances surrounding the development and introduction of the Queensland South Legal Services Strategic Plan (LSSP), and discuss some of the key features of the LSSP which distinguish it from other strategies.

On the 22nd of June 2005 when the Minister for Immigration Multicultural and Indigenous Affairs, the Hon Amanda Vanstone, withdrew funding from the Queensland South Representative Body AC the Queensland South region had 30 claims wholly or partially within its boundary, of which 29 were overlapped and Judges in the Federal Court were threatening to set matters down for hearing.

Queensland South Native Title Services Ltd was funded as a s.203FE NTA body on the 28th of June 2005. The LSSP was adopted by the QSNTS Board on 27 October 2005. Since that time land summits have been held in the 3 administrative subregions (Western, Central and Eastern). In the Western region there now 4 applications, none of which are overlapped with any other, and all of which have claim groups and boundaries which are supported by the available evidence. Each of those four applications now have anthropologists engaged to prepare full connection reports in respect of each claim and have been and will continue to participate in workshops for the preparation and establishment of their prescribed bodies corporate.

The road to this level of outcome is very rocky. However, with a clear and well understood strategic plan some of the issue confronting the native title applicants become a little bit more manageable. This presentation will look at some of those issues.

Valerie Cooms was born in Brisbane. Her mother was a member of the Nunukul people of North Stradbroke Island in Queensland. Valerie has three children and three grandchildren. Valerie is currently the CEO of Queensland South Native Title Services.

Tony McAvoy born and bred in Brisbane, Tony’s traditional country is the Clermont area of Central Queensland. In 1983, Tony commenced work as an articled clerk with a Brisbane law firm. In 1988, Tony graduated in law from QUT and was admitted as a solicitor. He practised as a solicitor in general practice until 1992 when he went overseas. Returning to Brisbane in early 1994 he worked as a solicitor at the Brisbane Aboriginal Legal Service. In late 1994 he went to Sydney to work for the Department of Aboriginal Affairs. In 2000 he was admitted as a Barrister in NSW. He currently works in the areas of native title and land rights and also specialises in resource law, criminal law, human rights and planning law.

Donnie De Busch

Advanced Indigenous: Help Us Help You... Build your Business

This presentation will provide an overview of Advanced Indigenous Business which was established in October 2005 as an Indigenous business cluster based in Cairns, Far North Queensland. As the first Indigenous business cluster in the nation, Advanced Indigenous Business has a charter to assist people develop and promote their businesses through our core membership which consists of indigenous owned businesses and patron organizations and partners.

Registered as a trading name operating under the umbrella of Cairns Regions Economic Development Corporation (CREDC), Advanced Indigenous Business is a group of like-minded business owners and partnership and patron businesses and organisations that are committed to developing and promoting Indigenous Business.

As a unique cluster of Indigenous business owners we are actively taking on the challenge of improving economic development for Indigenous people and communities. The core members of Advanced Indigenous Business are Indigenous people who are sole or part owners of a business holding an Australian Business Number or are interested in establishing a business who share our vision.

With an established group of core members Advanced Indigenous Business is striving ahead and taking on the challenge of Indigenous wealth creation and importantly promoting Indigenous businesses nationally and globally through it's extensive networks.

Membership to Advanced Indigenous Business is open to all sectors, and we welcome partnerships with support organisations and invite everyone in business to come along on the journey to create economically sustainable Indigenous businesses throughout the country. Members of Advanced Indigenous Business come from a vast array of industry-based business and consist of both indigenous and non-indigenous patron businesses.

Donnie De Busch is Chairman of Advance Indigenous Business.  Donnie is a traditional owner and trustee of Kaanju people in Cape York Peninsula and has Traditional links to Yupangathi people in Mapoon. Raised in Ingham, and Mount Isa, Donnie has vast experience in Indigenous Affairs and has previously worked with Cape York Partnership and the Cape York Institute for Policy and Leadership for the eight years. In the position of Social Change Officer Donnie worked directly with the youth of Western Cape York and was an integral part of the Aurukun Youth Economic Strategy. 

After dropping out of school at year 10, Donnie needed to successfully complete year 12 or the equivalent, which took him back to TAFE College, where he successfully completed Adult Tertiary Preparation Cert. IIII. The following year he enrolled in JCU and began a degree in Political Science and History where he has since completed half of a Political Science degree.

In 2005, financial pressure built up after getting married, buying a house, losing his father to kidney disease, Donnie established Aussie Spic’n’ Span. During the three years since the establishment of Aussie Spic ‘n’ Span it has come from a Company cleaning toilet blocks, to a Company that has just signed a 5.1 million dollar contract with a large Mining Company.

Michael (Mick) Dodson

The Mabo Lecture 2007

Professor Michael (Mick) Dodson AM is a member of the Yawuru peoples, the traditional Aboriginal owners of land and waters in the Broome area of the southern Kimberley region of Western Australia. Professor Dodson is a prominent advocate on issues affecting Australian Aboriginal and Torres Strait Islander peoples as well as other Indigenous peoples of the world. In January 2003 Professor Dodson was made a Member of the Order of Australia for his service to the Indigenous community.

Professor Dodson is the inaugural Chair of Indigenous Studies at the Australian National University, and a Director of Dodson, Bauman & Associates Pty Ltd – Legal & Anthropological Consultants. He was formerly the Director of the Indigenous Law Centre at the University of New South Wales. He was Australia’s first Aboriginal and Torres Strait Islander Social Justice Commissioner with the Human Rights and Equal Opportunity Commission, serving as Commissioner from 1993 - 1998. From August 1988 to October 1990 Professor Dodson was Counsel assisting the Royal Commission into Aboriginal Deaths in Custody.

He is a member and the current Chairman of the Australian Institute of Aboriginal and Torres Strait Islander Studies. Professor Dodson is currently the Rapportuer to the United Nations Permanent Forum on Indigenous issues.

Professor Dodson holds a Bachelor of Jurisprudence and a Bachelor of Laws from Monash University, an honorary Doctorate of Letters from the University of Technology Sydney and an honorary Doctorate of Laws from the University of New South Wales.

Chris Doepel

Reforming the claims resolution process: The Native Title Registrar’s new functions

The Native Title Amendment Act 2007 confers a new function upon the Native Title Registrar to inform the Federal Court when a claimant application fails to satisfy the merit conditions of the registration test. The Court has discretion to dismiss such an application in certain circumstances.

Transitional provisions in the amending Act also require the Registrar to apply the registration test to all applications that are not currently on the Register of Native Title Claims and to inform the Court of those that fail to satisfy the merit conditions.

The paper will outline the Registrar’s approach to this new function and will also highlight the legal and administrative approaches taken by the Registrar’s Office to key aspects of the registration test.

The paper will also provide a brief overview of the Registrar’s other new function of informing the Court of applications filed in response to a future act notice once specified events have occurred in relation to the future act.

Chris Doepel PSM joined the Tribunal as the Native Title Registrar in January 1998. His role is to assist the President in managing the Tribunal's administrative affairs and he also has responsibility for carrying out specific statutory functions.

Formerly the State Director of the Department of Immigration and Multicultural Affairs in Western Australia, Mr Doepel joined the Australian Public Service in 1980, entering the Senior Executive Service in 1988. His extensive administrative experience includes senior levels with the Department of the Prime Minister and Cabinet, Department of Social Security, and the Australian International Development Assistance Bureau, now known as AusAID. In 2006, Mr Doepel was awarded the Public Service Medal in the Australia Day Honours list. The award was for outstanding public service in the development and implementation of legislation and policy relating to native title.

Mr Doepel holds a Bachelor of Jurisprudence from the University of New South Wales and a Bachelor of Laws from the Australian National University. He is admitted as a barrister in the Supreme Court of New South Wales, and is also an Associate Fellow of the Australian Institute of Management.

Justice Dowsett

Recent Themes in Native Title Practice and Procedure

In managing Native Title cases the Court must balance the parties’ conflicting expectations concerning outcomes and time frames. Such conflicts are exacerbated by the chronic shortage of resources (including experienced lawyers and anthropologists) and money.

Although the Court’s primary role is to resolve disputes between Native Title applicants and other parties, this outcome is frequently hindered by disputes within claim groups as to composition of the group, geographical boundaries and the nature of the claim.  Indigenous Land Use Agreements (ILUAs) add a further layer of complexity. Conflict often arises between, on the one hand, those who wish to pursue the negotiation of ILUAs with developers and, on the other, those who wish to establish the existence of Native Title.  The use of funds derived from ILUAs is also a source of conflict. The Court seeks to minimize disputes within claim groups and to facilitate their resolution by requiring strict compliance with s 62 of the Native Title Act 1993 (Cth). 

Management of parties’ expectations also poses difficulties. Applicants and state governments are generally happy to proceed slowly, although they like to see some progress.  Other parties are frequently more impatient as their best interests require speedy resolution of the proceedings.  Members of the public are also closely interested in Native Title claims.  They do not expect the process to continue indefinitely. They expect outcomes.

This paper will consider recent decisions concerning practice and procedure and analyse the Court’s approach to managing Native Title cases.

Justice Dowsett has been a Justice of the Federal Court of Australia, since 1998 and Additional Judge of the Supreme Court of the Australian Capital Territory, since 2004.   His Honour was Justice of the Supreme Court of Queensland from 1985-98.  He received Silk (QC) in 1982, after being called to the Bar in 1972.  Justice Dowsett has been Chair of the Continuing Professional Development Committee of the Bar Association of Queensland since 2004, Member of the Council of the National Judicial Colloquium (Aust) 2002-06a and Working Group for Establishment of National Judicial Colloquium 2000-02; Consultative Committee of Law Admitting Authorities 1996-98, Governing Council of the Judicial Conference (Aust)1993-98, Steering Committee of the Supreme and Federal Court Judges Conference 1988-97. Justice Dowsett is a Trustee for the Brisbane Grammar School 1984-95 (Dep. Chairman 1991-95) is a member of the Army Reserve 1966-82, Major since 1979.

Kym Elston, Ruth Wade, Ken Carse, Corrie Pickering & Andrew Kerr

The Tagalaka ILUA

This session will highlight the benefits of negotiating agreements to address native title issues in township areas in North Western Queensland.  Croydon Shire Council confronted native title issues while considering the provision of public infrastructure, access to freehold land for township expansion, and development issues within the town.  Tagalaka People were keen to find ways for more of their people to move back to country. NQLC is the legal representative of the Tagalaka People and as been involved in these negotiations throughout.

The parties utilised a State of Queensland Land Act policy called “Exchange of State land for Native Title Interests”.  This policy deals with an exchange of unallocated State land (USL) for the surrender of native title.  After a land evaluation (s16 Land Act, 1994 Qld) has been carried out and the most appropriate use of the USL has been assessed the State can transfer up to 50% of the value of the freeholdable land to the Traditional Owners as freehold, in exchange for the surrender of native title.  This is provided for under s18 of the Land Act, 1994 Qld.

An ILUA between the Tagalaka and the State has resolved the tenure within the township of Croydon so that all USL land is reallocated under the terms of the land exchange as freehold to the Tagalaka, freehold to the State, and reserves for a variety of community purposes.  The ILUA between the Tagalaka and the Croydon Shire Council and an Ancillary Agreement addresses the validation of various acts, the process by which approval for future works and cultural heritage clearances will be managed, employment and training opportunities and other relationship matters between the parties including the purchase of a number of freehold blocks from the Tagalaka by the Council for development and a guaranteed period of rates remissions for those freehold blocks retained by Tagalaka.

Ken Carse is Senior State Negotiator, Indigenous Services (IS), State of Queensland

Kym Elston is the Legal Representative for Tagalaka People,NQLC,

Andrew Kerr is CSC Legal Representative, MacDonnells Law,

Corrie Pickering is the Mayor of Croydon Shire Council (CSC)

Ruth Wade is a Member NNTT (Mediator)

Joseph Elu

Embracing Economic Development to Achieve Economic Independence

This presentation will provide a perspective on the importance of Indigenous Australians participating in the mainstream economy. It will stress the need for Indigenous communities to work with the private sector and find commercial solutions to some aspects of Indigenous growth and development. Joseph will cite examples of his own experience at Seisia, his own community on the tip of Cape York, and his recent involvement with Outback Stores, a recent initiative being implemented by IBA.

Joseph Elu has been Chairman of Indigenous Business Australia since December 1996. In August 2006, Joseph was appointed the Chairman of Outback Stores. Outback Stores is a wholly owned subsidiary of Indigenous Business Australia, which aims to improve the health and nutrition of Indigenous Australians by improving the management of remote Indigenous Community Stores.

Mr Elu is Chairman of the Seisa Island Council (on the tip of Cape York) and is a member of the Island Coordinating Council. He also co-chairs the Indigenous Community Volunteers Foundation and is a member of the Torres Strait Regional Authority. Mr Elu was previously a member of the Government-appointed National Indigenous Council.

In 2001 Mr Elu was appointed to the Board of the Special Broadcasting Service (SBS) and is a former Board member of Reconciliation Australia. A powerful advocate for the inclusion of private enterprise in the process of assisting the economic development of Indigenous people, Mr Elu is a recipient of the Centenary Medal and holds an honorary Doctorate in Economics from the Queensland University of Technology.

Mr Elu has spent a number of years at the national level advocating the need to embrace economic and commercial development in the policy strategies for Indigenous Australians and at the same time has been working in his own community to build an economic base and create opportunities for his peoples, overcoming or at least dealing with remoteness and the high costs of doing business in remote Australia.  His community has made considerable progress but Mr Elu insists there is much to be done to cater for future generations.

Justice French & Warwick Soden

The Reform Process – What will change and what will remain the same?

The Claims Resolution Review was initiated by the Attorney-General to consider 'the dispute-resolution functions of the Court and the NNTT under the Native Title Act (the Act) and the effectiveness and efficiency of the NNTT and the Court in performing those functions. In so doing the Review assessed how the NNTT and the Court could maximise the potential for native title claims to be resolved in a quicker and less resource-intensive manner, primarily through mediation and agreement‑making.

The Review made a number of recommendations principally aimed at:

• Strengthening the existing presumption, found in the Act in favour of mediation before the NNTT,

• Promoting better communication and coordination between the Court and the NNTT;

• Removing duplication of functions between the NNTT and Court; and

• Improving the effectiveness of NNTT mediation.

Almost all the recommendations made in the Review now have legislative force through the Act (as amended by the Native Title Amendment Bill 2006).

This presentation focuses on the Court’s procedural response to the legislative changes and how the Court and the NNTT will continue to function efficiently and cooperatively within their respective spheres.

Justice Robert French is a Judge of the Federal Court of Australia.  He is a graduate of the University of Western Australia in science and law.  He was admitted in 1972 and practised as a barrister and solicitor in Western Australia until 1983 when he went to the Independent Bar.  He was appointed to the Federal Court in 1986.  From 1994 to 1998 he was President of the National Native Title Tribunal.  Justice French is an additional member of the Supreme Court of the Australian Capital Territory and a member of the Supreme Court of Fiji.  He is a member of the Australian Competition Tribunal and a parttime member of the Australian Law Reform Commission.  From 2001 to January 2005 he was President of the Australian Association of Constitutional Law.

Warwick Soden has been involved extensively in court administration throughout his professional career.  From 1988 to March 1995 Mr Soden was the CEO and Principal Registrar of the Supreme Court of New South Wales, from which he took up the appointment as Registrar of the Federal Court of Australia. As the Federal Court’s Registrar and Chief Executive, Mr Soden has responsibility for the effective and efficient operation of all aspects of the management and administration of the Court.

Mr Soden has a strong professional interest in the administration of justice and is closely involved with the Australian Institute of Judicial Administration (AIJA). Mr Soden was an AIJA Council Member from 1991 to 2002. He has been instrumental in developing programs designed to improve the operation of Courts, particularly their delay reduction, case management, practice and procedure, and alternative dispute resolution procedures. Mr Soden was appointed by the Commonwealth Attorney-General to NADRAC (National Alternative Dispute Resolution Advisory Council) in 1998.

Emily Gerrard

Impacts and Opportunities of Climate Change: Indigenous participation in environmental and natural resource markets

Indigenous Australians have a special relationship to land, water and natural resources and, while this relationship is widely acknowledged, legal recognition in Australia is constrained by a narrow application of native title law. This is particularly evident in matters relating to commercial rights and interests.

Climate change presents both an enormous global challenge and an important local opportunity for greater recognition and participation of Indigenous people in environmental markets. Existing programs and business initiatives go some way to redressing the static and incomplete nature of recognition of trade and traditional economies in native title law. However, creative and innovative approaches are needed to maximize these and other opportunities for Indigenous Australians to participate in viable projects and ventures which reflect and maintain their distinctive connection to country.

This paper explores ways in which Indigenous people may choose to participate in environment based commercial activities linked to their historic and contemporary use and knowledge of country. Possible avenues for redress from climate related damage and/or loss are also canvassed. Further, the paper examines mechanisms which may support or impede participation in commercial environmental and natural resource markets through emerging commodities such as water and carbon. By reference to domestic and international law, this paper highlights the potential for Indigenous Australians to enter these markets either directly through sequestration and trade or indirectly through land management and caring for country.

Emily Gerrard is a lawyer at Native Title Services Victoria. Her previous experience at Allens Arthur Robinson included advising on environmental and resources law and corporate social responsibility based litigation. Emily has a keen interest in climate law and the intersection between resource use and development and Indigenous communities.

Warren Gerrard & Chris Griffiths

The Miriuwung Gajerrong Ord Stage II Agreement and Native Title Determination

Warren and Chris will talk about the Ord Stage II Global Negotiations, the Ord Final Agreement and its benefits to the Miriuwung-Gajerrong Peoples, the Corporation Structure, the three subsidiary trusts leading into the successful MG#1 & #4 Native Title Determinations and the roles of the two Prescribed Bodies Corporate (PBCs) that are required under the NTA.  

Warren Gerrard is a Miriuwung-Gajerrong member who has lived most of his life in Kununurra and has worked for many years in the local Indigenous Waringarri Radio Network. He and his family have been closely involved with Ord Stage 2 Global Negotiations with the Western Australian Government as well as being named Applicants on the Miriuwung Gajerrong Native Title Claims 1 & 4, both of which were successful. Warren is currently employed as an Information/Field Officer by the Yawoorroong Miriuwung Gajerrong Yirrgeb Noong Dawang Aboriginal Corporation (MG Corp).

Chris Griffiths is also a Miriuwung–Gajerrong member, who, similar to Warren, has spent most of his life in Kununurra and has also worked for many years in Waringarri Radio. Chris is a current Governing Committee member of the MG Corporation and he and his family were also named Applicants on the MG #4 Native Title Claim.

Wendy Gong

The Wongatha Decision: now you see it, now you don’t

Justice Lindgren handed down his judgment on Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 9) [2007] FCA 31 (“the Wongatha application”) on 5 February 2007 in Kalgoorlie, Western Australia. This was the lead application in proceedings combining consideration of the Wongatha application with other overlapping claim applications. The native title applications involved in the proceedings were dismissed – Wongatha and Cosmo Newberry in their entirety and the other claims to the extent of their overlap with the Wongatha claim area.

One purpose of our presentation is to give a snapshot of the practical steps that have occurred since judgment day on 5 February 2007. The Goldfields Land & Sea Council has been and will be continuing to assist its constituents in the Wongatha trial area in a number of ways. This includes looking at the lodgement of new claims, negotiations with the State government, opposition to the Commonwealth non-claimant application, consideration of the Cosmo Newberry appeal and working towards a solution with stakeholders in regard to heritage and future acts. We hope that interested conference attendees will benefit from our experience.

Bruce Gorring & Donovan Jenkins Japaljarri

Sustaining Remote Communities – ‘Growing up’ the Tjurabalan Native Title Land Aboriginal Corporation

The Tjurabalan Native Title Land Aboriginal Corporation (TNTLAC) is the Prescribed Body Corporate for the area comprising the Tjurabalan native title determination. Since its inception in 2002, TNTLAC has assisted the Tjurabalan community to address the complex task of administering their common law native title rights and interests across 26,000 square kilometres of their country.  This paper aims to provide some insight into the challenges facing TNTLAC as it continues to evolve into a community organisation that meets its cultural and social obligations, whilst maintaining corporate responsibilities, and operating in the commercial reality of a global economy.  These objectives are often underpinned by community aspirations to develop a sustainable future for Tjurabalan country and its people.  Further, this paper will examine some of the external influences that contribute to the political, legal and funding frameworks that impact on TNTLAC’s operations.  Drawing on these elements, the paper concludes with some preliminary considerations for TNTLAC as they prepare to engage in a strategic planning initiative to ‘map out the future’ for Tjurabalan country. 

Bruce Gorring is a kartiya (‘whitefella’) who went to the Kimberley region of Western Australia in 1998 after growing up and living in eastern Australia. Bruce’s professional training is in geography and he draws constant inspiration from the relationship that links people and the landscape. He worked for the Kimberley Land Council (KLC) for eight years, initially as a Project Development Officer, and then as Manager of the Native Title Services Unit. Bruce’s association with the Tjurabalan community extends from the formative stages of TNTLAC’s establishment in 2002. Through KLC’s facilitation role in the development of TNTLAC, Bruce worked closely with the Governing Committee and members to create a sustainable community organisation that strives to balance cultural and social obligations within the political and economic parameters of contemporary Australian society. Currently, Bruce lives in Fremantle with his partner and their daughters. He works for the Land Branch of the Department of Indigenous Affairs in Perth where he manages the land operations of the Aboriginal Land Trust estate.

Donovan Jenkins Japaljarri is a Walmajarri traditional owner with Ngarti and Walpiri ancestry.  Donovan’s traditional country is Paruku (Lake Gregory) and Ngantalarra (Yagga Yagga). After receiving a kartiya (‘whitefella’) education in eastern Australia and travelling extensively, Donovan returned to the Tjurabalan lands and was trained by his grandparents and senior Tjurabalan elders to fulfil his cultural destiny. Donovan’s late grandmother was a senior Tjurabalan traditional owner and a leading claimant in the Tjurabalan Native Title Determination Application. He is a foundation member of the Tjurabalan Native Title Land Aboriginal Corporation (TNTLAC) and has served as the Treasurer and Public Officer since its inception in 2002. Donovan also played a lead role in negotiations between TNTLAC and Tanami Gold NL that resulted in the ‘Coyote Gold Mine’ Agreement.  Currently, he is employed as the Senior Project Officer for TNTLAC.  Donovan lives in Balgo community where he owns and operates a music production studio.  He writes, performs and records his own compositions, develops those of other community talents, and records the songs and stories of elders to maintain the oral traditions of the Tjurabalan community.

Allison Halliday, Chantal Roder & Russell Butler Jnr

Implementation of the Rainforest Agreement

Allison Halliday is Executive Officer of the Aboriginal Rainforest Council which facilitates the involvement of Rainforest Aboriginal people in the protection, conservation and management of the Wet Tropics World Heritage Area’s natural and cultural values.

Chantal Roder has an extensive background in marine research, planning and policy development with a focus on developing more innovative planning and processes that enhance the recognition of Indigenous peoples rights and interests in the management of cultural heritage, natural resources and protected areas (marine and national parks). Chantal is currently working with the Aboriginal Rainforest Council coordinating a Cultural Heritage Mapping Project for the Wet Tropics World Heritage Area.

Ted Hart & Glen Kelly with Vance Hughston, Tina Jowett & Kingsley Palmer

The Noongar Decision

On September 19 2006 Justice Murray Wilcox handed down a preliminary finding that the Noongar people had established native title rights and interests over the metropolitan area in Perth, as part of the wider single Noongar claim covering 193,956 sq km from Hopetoun in the south to north of Jurien Bay. The Noongar people, represented by the South West Aboriginal Land and Sea Council (SWALSC), had lodged the Single Noongar claim in the court in September 2003.Wilcox J said that the claimants, communually, held native title rights and interests had survived since sovereignty despite the impact of colonisation in the area and the disruptions in the practice of traditional laws and customs caused by settlement. The judgement did not resolve issues of extinguishment, and, due to the complexity of that inquiry the judge recommended that the parties reach a negotiated settlement.The decision was appealed to the Full Federal Court and arguments were heard in April 2007, the judgement is pending. Ted Hart and Glen Kelly from the South West Aboriginal Land and Sea Council will lead an expert panel discussion on the Noongar decision Bennell v State of Western Australia 19 September 2006 (Wilcox J).

Ted Hart is Chairman of the South West Aboriginal Land and Sea Council.

Glen Kelly is the Chief Executive Officer of the South West Aboriginal Land and Sea Council.

Vance Hughston is a Barrister (see biographical notes below). 

Tina Jowett is a lawyer (see biographical notes below).

Kingsley Palmer is a private anthropological consultant (see biographical notes below).

Judge Layne Harvey

Aotearoa/New Zealand Foreshore and Seabed Report

Judge Layne Harvey, Ngäti Awa, Rongowhakaata, Te Aitanga a Mähaki, Te Whänau a Apanui, Ngäti Kahungunu. Judge Harvey accepted a position on the Mäori Land Court bench in 2002. He was the second youngest judicial appointment to the Mäori Land Court at 34 years of age.  

Formerly Judge Harvey practised for 11 years as a lawyer with Auckland firms Simpson Grierson and Walters Williams & Co where he became a partner. He often appeared before the Mäori Land Court, the Mäori Appellate Court and the Waitangi Tribunal on behalf of Mäori groups. Based in Rotorua he services the Aotea district. He holds sittings in Whanganui, Hawera, New Plymouth, Palmerston North and of recent, Levin and Wellington.

Vance Hughston

The Role of the Expert Witness and the Admissibility of Expert Evidence

The paper discusses the admissibility, and the weight to be attached to, expert opinion and the role of the expert witness generally in native title proceedings with emphasis on recent decisions of the Federal Court in relation to the expert evidence of anthropologists.

Vance Hughston SC graduated from the University of Sydney in 1976 with BA and LLB degrees. He was subsequently awarded an LLM degree in 1987. He came to the New South Wales Bar in 1982 and took silk in 2001. From very early on at the Bar, Vance Hughston SC’s practice included elements of appearance and advice work in Aboriginal land claims. Since 1994, Mr Hughston SC has been involved on an almost continuous basis in advising on and in appearing at the hearing of native title claims in New South Wales, Queensland, Victoria, Western Australia and the Northern Territory at both trial and appellate level.

In Western Australia Mr Hughston SC appeared for the State in the Wongatha, Neowarra and Nganawangka claims. The Nganawangka claim was settled after a lengthy hearing and an equally lengthy mediation before the National Native Title Tribunal. Mr Hughston SC appeared for the successful applicants in Bennell v Western Australia (2006) 153 FCR 120 and appeared for them at the hearing of the State and other respondents’ appeals before the Full Federal Court in April 2007. He is currently appearing for the Garawa Ganggalida People in proceedings in Queensland.

In the Northern Territory Mr Hughston SC has appeared for Government interests in a number of cases before the Federal Court involving issues of administrative law and the interpretation of various provisions of the NTA. He has also appeared for Aboriginal groups in administrative law proceedings in the Federal Court. He appeared for the Northern Territory in the Risk and Blue Mud Bay native title claims, both at first instance and on appeal. Mr Hughston SC appeared for the Commonwealth in the Yulara compensation claim before Sackville J and on the hearing of the appeal. He has successfully prosecuted miners and pastoralists in the Northern Territory for damaging or desecrating Aboriginal sites.

Sue Jackson, Joe Morrison, Matt Rigney, Neil Ward with Jessica Weir

Sharing Fresh Water: Defending and Reclaiming Indigenous Water Rights and Interests

With intense competition over fresh water, and a rapidly changing legal and policy environment, how are Indigenous people defending and reclaiming their rights and interests in Australia’s fresh water policy and management?  This panel discussion brings together the experiences of Indigenous peoples in the Murray-Darling Basin and in the tropical North, two very different water sharing contexts. In the North, developers are lobbying for the expansion of agriculture, and water allocation schemes for tropical rivers are now being determined by government to potentially meet this expansion.  In the South, policymakers are trying to reduce water consumption in ‘over allocated’ rivers to address the crisis in river health. 

This panel will describe the efforts of two alliances of Indigenous peoples – the Murray Darling Rivers Indigenous Nations and the Northern Australia Indigenous Land and Sea Management Alliance – to increase Indigenous people’s voice and participation in water law, policy and management, with particular reference to the Murray and Daly Rivers.   Each speaker will give a presentation addressing one or more of the following discussion questions: 

• How can Indigenous peoples’ water rights be recognised in water consumption allocation regimes, including new regimes about to be initiated in the Northern Territory;
• How can Indigenous people increase their participation in water planning, and what are some of the alternative proposals such as cultural mapping;
• Is there a need for national consistency relating to Indigenous peoples involvement and rights in national water planning;
• How useful is the idea of ‘cultural flows’, especially in relation to environmental flows; and,
• How well does the new national water planning agenda address Indigenous peoples’ water issues?

Each presentation will be limited to five minutes so that there can be time for discussion among the panel and within the audience. 

Sue Jackson is a human geographer with CSIRO’s Division of Sustainable Ecosystems in Darwin. During the past 15 years she has been interested in the social dimensions of natural resource management in north Australia, especially the interactions between the introduced environmental management and planning systems of the settler society and Indigenous values and customary management practice. The social impact of development projects on Indigenous communities has been a complementary research interest. She has lectured in natural and cultural resource management at Charles Darwin University in the Northern Territory and conducted many research and policy development projects for northern Australian Aboriginal representative bodies in environmental and native title arenas. Her PhD examined the cultural politics of environmental planning systems in two growing northern centres, Broome and Darwin. Sue’s current research focus is on Indigenous values of water and their successful incorporation into contemporary water resource management frameworks. She works closely with NAILSMA’s Water Policy Group and researchers involved in the newly formed Tropical Rivers and Coastal Knowledge Research Hub.

Joe Morrison is both Wardaman and Torres Strait Islander. Born and raised in Katherine Northern Territory, he has spent the last decade working with remote communities throughout the Top End of the Northern Territory and more recently across north Australia to develop local action and capacity to lead ‘Caring for Country’ initiatives. He is currently the Executive Officer of the North Australian Indigenous Land and Sea Management Alliance and Co-Theme Leader within the CRC Tropical Savannas Management based in Darwin. He is currently a member of two committees that advise the Federal Environment Minister in relation to Indigenous issues and Biodiversity arising under the Environmental Protection and Biodiversity Conservation Act.

Matthew Rigney is a Ngarrindjeri man from Meningie in South Australia. After completing a Degree in Social Sciences from the South Australian Institute of Technology and a Management Certificate at the Australian Institute of Management, Matthew Rigney has had a varied professional career. He has worked for Aboriginal Community Welfare, Commonwealth Department of Education, Employment and Training and most recently as an ATSIC Regional Councillor.  Outside of work Mr Rigney is the Chairman of Ngarrindjeri Native Title Management Committee, Member of the Tendi – Ngarrindjeri Governing Body, Chairman of the Murray Lower Darling Rivers Indigenous Nations (MLDRIN) and the MLDRIN Representative on The Living Murray’s Community Reference Group.

Neil Ward is The Living Murray Indigenous Partnerships Project Manager, Murray Darling Basin Commission.  Neil has over twenty years experience working in land management agencies in south eastern Australia and the Northern Territory, primarily focussing on integrated approaches to conservation and natural resource management.  He has worked at a State-wide policy level as well as in regionally based operational roles and has a broad practical understanding of land and water management issues.  With the realisation many years ago that meaningful Indigenous involvement was integral to good land management, he has been working to increase the level of Indigenous engagement and empowerment in natural resource management.  A major focus of his current role is to introduce Use and Occupancy mapping to the Murray-Darling Basin as a tool to assist Indigenous people articulate their contemporary relationship with the land and to help improve the dialogue between professional land managers and Indigenous people

Jessica Weir is a Visiting Research Fellow in the Native Title Research Unit at AIATSIS and a PhD Candidate at the Fenner School of Environment and Society at The Australian National University.  Jessica is a human geographer whose research focuses on ecological and social issues in Australia, and the relationship between Indigenous representative structures and natural resource management institutions and planning.  Jessica’s research focus is the management of country, especially native title lands, with a particular focus in south-east Australia.  Jessica is also currently working on the final draft of her PhD thesis ‘Cultural flows: negotiating water with traditional owners from along the Murray River’.  This project is supported by a research agreement with the Murray Lower Darling Rivers Indigenous Nations. 

Tina Jowett

Historians as Experts

Historians as expert witnesses are relied on by applicant and respondent parties in native title matters for the purpose of assisting the Court in determining the facts in issue in relation to the impact of colonisation on the Aboriginal claimants and to understand the historical context of the testimony of the Aboriginal witness. Some recent native title decisions have questioned whether an historian has specialised knowledge for the purposes of s.79 of the Evidence Act 1995 (Cth). The paper discusses those recent decisions and the approach taken by some parties in relation to the evidence of historians in native title matters.

Tina Jowett graduated from the University of New South Wales with a BA (Hons) in 1991 and a LLB in 1994. She came to the New South Wales Bar in February 2003. From 1993 to 1995 she worked part-time at the Indigenous Law Centre at UNSW as the Co-ordinator of the Mabo Native Title Project. At the Indigenous Law Centre she was part of a team who prepared a cross cultural training video from a grant from the Council for Reconciliation. The video is still shown to Federal Court judges and practitioners.

In 1995, Tina Jowett was employed as the Associate to her Honour Justice Jane Mathews, who at that time was President of the Administrative Appeals Tribunal, Deputy President of the National Native Title Tribunal and a Judge of the Federal Court. From 1996-2002 Tina Jowett practiced as a solicitor at the New South Wales Crown Solicitor’s Office including the Native Title and Constitutional Law Practice Group. As a barrister she has been briefed to advise and appear in a number of native title matters for applicants and respondents. 

Most recently, Tina Jowett appeared with Vance Hughston SC for the successful applicants in Bennell v Western Australia (2006) 153 FCR 120 and appeared for them at the hearing of the State and other respondents’ appeals before the Full Federal Court in April 2007. She is currently appearing for the Turrbal people in proceedings in Queensland.

Tina Jowett also appears and advises in matters under the Aboriginal Land Rights Act 19983 (NSW) in the Land and Environment Court (NSW).

Tony Lee

People Centred Native Title Processes – Panel Discussion

Tony Lee is a Yawuru man from Broome in Western Australia.  He was the first Indigenous person to be appointed as a member of the National Native Title Tribunal in 1995.  He held this position until 2003.  Tony has worked in many senior positions in both the State and Federal public services in WA including policy advisor to a number of WA Government ministers.  He now operates his own consultancy business in Indigenous affairs in areas such as mediation and facilitation, policy development, economic and community development, strategic planning and governance.  He has a passion for issues affecting Indigenous people particularly social justice, human rights and economic and social development and continues to do voluntary work with a number of Indigenous organisations.  

Ron Levy

Blue Mud Bay

This paper examines the recognition of Aboriginal sea rights in the Northern Territory, with focus on the Federal Court's recent decision in the Blue Mud Bay case which held that traditional owners have exclusive rights regarding commercial and recreational fishing in over 80% of the intertidal zone and many tidal rivers of the Territory. These exclusive rights derive from grants of freehold under the Land Rights Act to the low water mark.

Ron Levy is the Principal Legal Officer of the Northern Land Council, where he has been employed as a solicitor since 1994. Ron completed an Arts/Law degree at the Australian National University in 1985, and his previous employment includes as a solicitor with the Victorian Aboriginal Legal Service.

Bonita Mabo

Introductory remarks for the Mabo Lecture

Bonita Mabo and her husband, the late Eddie (Koiki) Mabo, battled on behalf of Torres Strait Islanders for the recognition of their native title. Since the 1960s Bonita has worked in Indigenous organisations and at Townsville's Black Community School while raising ten children. As a descendant of the Stolen Generation, many of Bonita's battles have been highly personal and she continues to campaign for the recognition the rights of her own people - the South Sea Islanders.

Brett Mackie

Building Post Agreement Capacity: Identifying and Actioning Opportunities from Mining Agreements

One of the perceived benefits over the past decade of the current native title legislation has been the ability of Indigenous groups to negotiate with mining and exploration companies benefits through agreements. Queensland has been in the forefront of these agreements, with hundreds of Indigenous Land Use Agreements and Right to Negotiate agreements signed within the State. These agreements are most often linked to opportunities to Indigenous groups though employment, training and business development.

A growing concern building from all parties is the lack of capacity to take up these opportunities in any structure way.  This concern not only comes from Indigenous groups but also from industry that must follow through with the promises that have allowed their developments to continue.  There is an opportunity for governments to take a proactive role in assisting industry and Indigenous groups in taking up these initiatives. Government negotiators are well placed to identify programs and funding opportunities that the other parties may not have access.

The Department of Mines and Energy has embarked on a program of engagement with all parties, from claimant groups, representative bodies and companies, involved in these negotiations to offer solutions and broker avenues to take up missed benefits from previously negotiated agreements.  This has and will include meetings with parties, organising forums and conferences, linking departmental programs and offering practical solutions. It is hoped that by taking this action the agreements which in some cases have taken years to finalise can bring real benefits to the local communities and serve as the start of sustainable partnerships.

Brett Mackie is a Native Title Case Officer with the Department of Mines and Energy in Queensland.

Les Malezer

International developments in protection of Indigenous land and resources

In the 1970s Aboriginal and Torres Strait Island people demanded land rights. The national parliament failed to address the issue when promised legislation in 1985 was shelved. In 1992 the High Court acknowledged traditional title to property, resulting in a rush to complete native title legislation by the end of 1993. Amendments to the Native Title Act in 1998 generated a national furore as a race debate churned. Almost ten years later, as native title seemingly becomes more acceptable to opposing sides in Australia, the question is asked, ‘Is this land rights?’ At the international level, Indigenous rights have taken front row at the United Nations. Independent of Australia’s legal and policy developments, Indigenous Peoples from all parts of the world have set down their demands for universal rights recognised by all governments.

This paper compares the elements of the land rights struggle and the advance in international recognition in Indigenous rights to evaluate whether native title is what Aboriginal and Torres Strait Islander people want or accept. The paper reveals that acknowledged ownership of traditional territories is only one element of a composite of rights necessary for enduring livelihoods and cultural identity. Aboriginal and Torres Strait Islander communities cannot be sustainable without acknowledgement of and support for their own social and economic development.

Les Malezer is Gubbi Gubbi / Butchulla, from southeast Queensland. With over thirty years experience in policy and program roles divided between the Commonwealth and Queensland public services and indigenous organisations he has campaigned for Aboriginal and Torres Strait Islander self-determination. Inter alia, Les was founding President in 1977 of the Foundation for Aboriginal and Islander Research Action (FAIRA) and General Manager when FAIRA was appointed an NTRB in 1994, Secretary General of the National Aboriginal Conference in 1984/85 and when the national land rights legislation was scrapped, Director of Aboriginal and Islander Affairs in Queensland 1990-1994 after the National Party government was defeated and Executive Assistant to the first elected ATSIC Chairperson in 2000-2002. For the past five years Les has been an NGO delegate to the United Nations and currently holds the position of Chairperson of the Global Indigenous Caucus to the UN. He is coordinating the campaign at UN Headquarters in New York for the adoption of the Declaration on the Rights of Indigenous Peoples.

Henrietta Marrie

Keynote address

Henrietta Marrie was born and raised in the Aboriginal community of Yarrabah southeast of Cairns. Ms. Marrie has held academic posts at a number of Australian universities, including at the Centre for Aboriginal and Torres Strait Islander Participation, Research and Development at the James Cook University of North Queensland, and the Centre for Indigenous History and the Arts at the University of Western Australia. Since the mid 1980s, through her research and work in legislation and policy development, she has supported the Aboriginal movements in the arena of arts and cultural heritage, and in the recognition of Aboriginal rights to land and for the protection and recognition of traditional knowledge.

Ms. Marrie has served on a number of government committees and inquiries, and acted as a consultant to government bodies including Environment Australia, the Great Barrier Reef Marine Park Authority and the Wet Tropics Management Agency. Prior to joining The Christensen Fund as Program Officer for Northern Australia, she worked at the United Nations Environment Programme Secretariat of the Convention on Biological Diversity. Ms. Marrie holds a Diploma of Teaching (South Australian College of Advanced Education), a Graduate Diploma of Arts (University of South Australia) and a Masters of Environmental and Local Government Law (Macquarie University) with a thesis entitled The Convention on Biological Diversity, Intellectual Property Rights, and the Protection of Traditional Ecological Knowledge. She has published widely on Aboriginal cultural heritage, the arts and natural resource management

Greg McIntyre

Communal, group or individual rights?

This paper will discuss the dilemma, thrown up by the Wongatha case, which native title claimants have in describing the basis on which they hold native title and bring claims under the Native Title Act. Must they decide in their applications to claim native title as a society, a community, a group or an individual? Must the claim group be constituted in accordance with traditional laws and customs? This problem was brought into sharp relief in a case such as the Wongatha where the Court was obliged to deal with overlapping claims, but it was a problem faced in the Mabo case and has remained under the surface in every native title claim since, when it comes to defining a claim area or a claim group. The paper will discuss the clear difference of opinion which exists between the Lindgren J in Wongatha and Nicholson J in Daniel on this topic.

Greg McIntyre SC appeared as counsel for Eddie Mabo in the High Court in 1992 and issued the writ, as solicitor for the Miraim people in Mabo v Queensland in 1982.  He was also solicitor for John Koowarta in Koowarta v Bjelke Petersen in which the High Court determined that the Racial Discrimination Act was a valid exercise of the Commonwealth’s external affairs power in 1982. Greg has appeared as counsel in various High Court native title cases, including the Native Title Case, Wik, Waanji, Fejo, Yarmirr and Ward and Federal Court cases, including Ward, Sampi, Daniel and Wongatha.  Senior Counsel since 2002, he is practising from John Toohey Chambers in Perth and is Adjunct Professor of Law at University of Notre Dame, Fremantle since 2001, teaching Indigenous Peoples and the Law.

Shirley McPherson with David Galvin

The National Indigenous Land Strategy 2007-2012

In February 2007, the ILC’s Board approved the National Indigenous Land Strategy 2007-2012 and moved to a policy context in which the ILC supports Indigenous people’s achievement of economic, environmental, social and cultural benefits in urban, rural, and remote locations.

The NILS recognises that achieving sustainable benefits from land ownership and management is a challenging and complex task involving technical, business, and management skills underpinned by capacity and commitment.

But with flexible programs that emphasise planning for specific benefits, the NILS provides for sustainable outcomes.  And by establishing partnerships and strategic projects, the ILC is embarking on a regional approach to creating opportunities for employment, training and education through land acquisition and land management.

Shirley McPherson was born in Perth and raised in the Murchison region of WA, Ms McPherson is a chartered accountant and a board member of First Australians in Business. Ms McPherson has been Chairperson of the ILC Board since August 2001.

Ms McPherson has held senior positions in the private, government and university sectors and has a wealth of experience at the regional, national and international levels of government in program delivery and private business development.  Ms McPherson has worked as a consultant to the mining industry in negotiating land use agreements in the Pilbara and Goldfields areas of WA, was formerly the Chair of the Aboriginal Development Corporation (ADC), a past director of the Indigenous Business Network, has worked as a mediator for the National Native Title Tribunal and is a past director of KPMG, Management Consulting Services.

David Galvin was appointed General Manager of the Indigenous Land Corporation in September 2001.  Before joining the ILC, Mr Galvin was ATSIC’s Program Manager for the Customer Lending and Support Services Division.  From 1995 to 2000, he was the General Manager for the Torres Strait Regional Authority.  During this time, the Authority implemented an economic development program based on a flexible business loan package.  This built the Authority’s loan portfolio enabling Torres Strait Islanders in the region to avail themselves of business finance to establish businesses in the fishing, transport, hospitality and service industries. 

Brendan Moore

Sustainable land and water management on native title land

The Management Plan for Yued sites at Wedge or Kwelena Mambakort (Dolphin Bay) was commissioned by the Northern Agricultural Catchments Council (NACC) in February 2007 from Natural Heritage Trust (NHT) funding.

While all sites are protected under the Aboriginal Heritage Act 1972 (AHA), and administered by the Department of Indigenous Affairs (DIA), not all sites on the central west coast of Western Australia (WA) have been registered. The three sites at Kwelena Mambakort considered in this plan form part of a collection of midden sites in the area. They are located on an unclassified, unvested Reserve (43283), currently managed by WA Department of Environment and Conservation (DEC) but subject to a native title claim. There is increasing pressure from development and recreation, particularly the new coastal highway, which threaten the continued quality and value of the sites.

This plan will help protect and retain traditional Yued heritage by identifying, documenting and reviewing land management and cultural ties. It encourages Yued engagement through a prescriptive action plan for Kwelena Mambakort. It is foreseen that the traditional owners will take on active roles in management of Kwelena Mambakort, maintain the ancient Yued cultural links, which despite systemic interference has continued to exist for thousands of years.

Brendan Moore is the Environmental Officer at South West Aboriginal Land and Sea Council (SWALSC). He is a Noongar of South-West Western Australia (WA) from Yued country. His role at SWALSC includes completing Yued management plans for sites registered under the states Aboriginal Heritage Act (1972).

After completing high school at Moora, he moved to Perth and studied an undergraduate degree in Environmental Management. After graduating from this in 1993, he began a career with the WA Department of Agriculture. In 2000, he was selected to work on a United Nations Development Program in Mongolia. His Mongolian experience had created a new thirst for knowledge and he returned to University where he completed a postgraduate Masters degree in International Studies.  

His Indigenous heritage combined with interest in land use and the environmental has meant that he has developed a keen interest in sustainable land management on Indigenous land.

Ron Morony

Asset Building and Wealth Creation: Some Practical Options

This presentation will provide a perspective on how Indigenous Business Australia (IBA) is working with individuals, families and Indigenous organisations to create wealth and develop an asset base. It will provide a number of examples of where economic development has gone beyond the rhetoric to fully developed ventures and outline some new strategies being developed to build economies in remote Indigenous communities.

Ron Morony is General Manager of Indigenous Business Australia (IBA), which is a statutory authority set up to improve the economic position of Indigenous Australians.  He was born in Central Australia and is an eastern Arrernte man.

A graduate of the Australian Institute of Company Directors, Mr Morony is a member of the National Tourism Task Force, and the NT Tourism Advisory Board and in 2004 was awarded the Public Service Medal for his contribution to Indigenous economic development and administration excellence.

Before joining IBA he was General Manager of the Economic Division of the Aboriginal and Torres Strait Islander Commission (ATSIC), responsible to the CEO and Parliament for policy development and the administration of programmes which amounted to $450 million in annual appropriations. 

His career in the public sector has spanned 29 years of which the past 21 have been in Canberra. In Alice Springs he was employed by the former Department of Aboriginal Affairs where he held a number of positions, including head of the land and mining section. He lived at the Haasts Bluff community for some four years as well as the Yuendumu community for a shorter period.

Craig Muller

‘The allure of European Settlement’: the treatment of the historical evidence in the Wongatha native title case

The Wongatha Native Title claim represented some 2000 people and covered an area of 160 000 square kilometres of arid country in the northern part of the Western Australian Goldfields, including the towns of Leonora and Laverton. In its original form it was the largest Western Australian claim to go to the Federal Court and one of Australia’s largest Native Title claims.

When the case went to court in 2003 the history of the Indigenous people of the Wongatha claim area from the time of the first European exploration in 1869 and European settlement in the mid 1890s was presented in several ways; by the claimants themselves, through the historians’ and anthropologists’ expert reports, and through the interpretations made by the various legal practitioners involved.

Two major issues emerged as the history was presented; the degree of Indigenous migration into the claim area, and whether the original (that is, at the time of sovereignty) Indigenous population died out or migrated out of the claim area. In the summary to his decision, his honour Justice Lindgren called migration “a distinguishing feature of the present [Wongatha] case” and he dated it from the time of first European settlement in the region. In his honour’s words, “By succumbing to the allurements of the European presence, the claimants’ ancestors changed the legal landscape for today’s native title purposes.”

Justice Lindgren also gave considerable credence to a statement made in 1931 that the original Indigenous population of the area was displaced. However, there is contra-evidence to both concepts. That is, considerable evidence exists suggesting that migration was not the defining feature some claimed and that an original population survived, remaining and flourishing in the claim area.

The Indigenous history of the claim area was written largely by European observers and in some cases their various observations conflicted. Thus, this history could be presented in different ways. In his decision, Justice Lindgren interpreted this history in a particular way. It will be suggested in this paper that his version too is contestable. It will be argued that not all the available historical sources were utilised in the decision, that discrepancies between historical statements were not addressed and that as a result the decision made was based on an incompletely drawn historical picture. The analysis will focus on the issues flagged earlier – migration and the fate of the original Indigenous population of the claim area. The opinions expressed are the author’s alone.

Craig Muller has worked as the historian at the Goldfields Land and Sea Council for almost nine years and worked in the field of Aboriginal history for the Western Australian Department of Indigenous Affairs before that. He wrote the original and supplementary historical reports for the applicants in the Wongatha Native Title claim.

Graeme Neate

Reforming the Claims Resolution Process: Opportunities and obstacles

This year numerous legislative and administrative changes have been made to key aspects of the native title system.  Many of those changes affect how native title claims are resolved. 

The statutory changes have reoriented the relationship between the Federal Court and the National Native Title Tribunal, and have given the Tribunal additional powers and functions in relation to the mediation of native title claims.

This paper will outline they key changes and identify some of their implications, with opportunities for a more effective and efficient claims resolution process.

Graeme Neate has been President of the National Native Title Tribunal since 1999 and is based in Brisbane. He was a part-time member of the Tribunal from 1995 up until he became President.

Before joining the Tribunal, Mr Neate was the Chairperson of the Aboriginal and Torres Strait Islander Lands Tribunal in Queensland and a member of the Land Court of Queensland. From 1988 to 1991, he was a senior solicitor in commercial property and environmental law at Freehill Hollingdale & Page, Sydney, and from 1986 to 1988 was the Principal Legal Officer with the Constitutional Commission.

Mr Neate worked with the Department of Aboriginal Affairs in Canberra from 1982 to 1986 on a range of Aboriginal heritage and land matters. He became Director of the Legal Advising Section and assisted Justice Toohey with a comprehensive review of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cwlth). Mr Neate also chaired a panel of lawyers assisting the Federal Minister for Aboriginal Affairs and the Aboriginal Steering Committee with proposals for the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cwlth).

Mr Neate has a Bachelor of Arts and Bachelor of Laws (with Honours) from the Australian National University in Canberra. He is admitted to practise as a legal practitioner in the Australian Capital Territory and Northern Territory, and as a solicitor in New South Wales and Queensland. He is also on the roll of barristers and solicitors in the High Court. Mr Neate has published a book and numerous articles, chapters and conference papers on indigenous land and cultural heritage matters.

James Nugent

Molyhil: Behind the Mining Agreement Sustaining Optimal Benefits for Native Title Holders

James Nugent is Senior Policy officer with the Central Land Council

Kingsley Palmer

Societies, communities and native title

Kingsley Palmer has worked in many areas of Aboriginal Australia including the Northern Territory, Western and Southern Australia.  Formerly Senior Anthropologist with the Northern Land Council in Darwin, he was appointed Director of Research at the Australian Institute of Aboriginal Studies in Canberra in 1985.  He subsequently became Deputy Principal of that organisation, a post he filled until 2001.  He is now a private anthropological consultant.

Dr Palmer has been involved in a number of native title claims over the last decade and has authored expert anthropological reports and given evidence in the Federal Court.  He is currently working on or involved in six claims in Western Australia and Queensland.

Susan Phillips

‘Yes Registrar’: Review and the Native Title Registrar, Applications and the Federal Court

Scarce resources mean native title claim groups often accept without challenge assessments of claims and other documents lodged for registration. It is easier and quicker to amend and change things in response to the Native Title Registrar’s assessments of documents than to challenge the Registrar’s decision or assessment. The Federal Court has recently examined decisions made by the Registrar and his delegates. The scoreboard is starting to favour the challengers.

The Federal Court also has its own way of doing things. The Native Title Registrar and delegates in turn bemoan the lack of consistency amongst Federal Court decisions – the US Supreme court judge who replied that expecting judicial consistency was about as effective as herding “hogs on ice” has given some (cold) comfort. The paper looks briefly at the development of the native title bureaucracies and some successful challenges to the maze.

Susan Phillips is a barrister at the Sydney bar specializing in native title.  She has published and worked in that field since the Mabo decision was handed down in 1992.  Susan has been counsel to many Indigenous groups from the Kimberleys and Cape York to the south and eastern parts of Australia representing them in the Federal Court and in mediations and negotiations with government, mining companies, pastoralists and other parties.  Susan teaches courses about Indigenous people and the law at UTS.

David Saylor, Jim Akee, Ned David, Terrance Whap & Don Banu

From Land to Sea: 15 Years of Native Title in the Torres Strait

This presentation will examine 15 years of native title in the Torres Strait. Murray Island (Mer) is where native title was first ruled to exist in Australia. Since the Mabo case there have been some 26 consent determinations. There are now four claims over land remaining and a combined Torres Strait Regional Seas Claim which is currently in mediation. The presentation will look at how native title is managed and protected, PBCs performing statutory functions and some issues relating to the Sea Claim. There is also now a strong focus on developing the capacity of PBCs to manage and protect native title.

A panel of native title holders from the Torres Strait will then discuss the topic: ‘PBCs in the Torres Strait - what is needed so they can perform native title functions’.

David Saylor is the Principal Legal Officer at the TSRA Native Title Office. 

Jim Akee is the Chair of Mer Gedkem Le Corpn (Murray Island PBC)

Ned David is the Chair of Magani Laguagal Corpn (Yam Island PBC)

Terrance Whap is the Chair of Gumalgau Corpn (Mabuiag Island PBC)

Peo Ahmat is the Chair of Mura Badulgal Corpn (Badu island PBC)

Don Banu is TSRA Board member responsible for native title.

Yvonne Stewart & Wally Stewart with Mark Johnson

The Arakwal/Byron Bay Indigenous Land Use Agreement

The Arakwal people of the Bundjalung nation have negotiated three ILUAs and numerous other agreements with the NSW Government and local government. The agreements provide a unique opportunity for Arakwal people to manage significant land and includes training and real jobs for Arakwal people.  In February 2007 the Arakwal people settled two additional ILUAs (the first agreement was in 1997 and the first ILUA was in 2000). The recent ILUAs provide additional lands and jobs to the Arakwal people and, in a first for NSW, significant freehold land is included, including a caravan park and land in the centre of the tourist mecca of Byron Bay. Yvonne and Wally Stewart will outline the process of managing the lands and the provision of training and jobs and Adam will outline the difficult process of negotiating with the NSW Government and agencies to maximise benefits for native title holders.

Mark Johnson is from the New South Wales Department of Environment & Climate Change

Yvonne Stewart is a senior Arakwal and Bundjalung woman who is the chairperson of the Arakwal National Park management committee developed under the the Arakwal ILUAs. Yvonne is also the CEO of the Arakwal Aboriginal Corporation which manages the benefits gained under the Arakwal ILUAs.  

Wally Stewart is the first Senior Field Supervisor for National Parks in NSW and has created and managed specific tailored training and employment positions for Arakwal people.  The programs have been a great success and this has assisted the conclusion of the recent ILUAs in February 2007.

Lisa Strelein

Native Title: The year in review

The Year in Review is now an annual feature of the Native Title Conference.  In a year of significant policy change and heavily contested appeals this visual presentation provides an opportunity to reflect on the achievements over the last twelve months, the key determinations and agreements reached, including Gundtijmara and Githabul, Noonkanbah and Eastern Yalanji settlements, among many others and to celebrate the work NTRBs and native title groups.

Lisa Strelein is the Director of the Native Title Research Unit at AIATSIS. Lisa’s research and publications have focused on the relationship between Indigenous peoples and the state, and the role of the courts in defining Indigenous peoples’ rights.  Lisa has made a significant contribution to academic debate on native title in Australia, including her recent book Compromised Jurisprudence: Native Title Cases since Mabo, which was heralded by members of the judiciary and Indigenous community alike.  She also writes for a wide variety of audiences and has worked with teams in creating a catalogue for a native title art exhibition and an award winning multi-media package on native title.  Lisa maintains strong networks within the native title system, conducting research projects in partnership with or in response to the needs of native title representative bodies and claimants as well as government departments.  Lisa is the convenor of the annual National Native Title Conference, which remains the leading annual Indigenous policy conference in Australia.  Lisa has degrees in Commerce and Law and was awarded a PhD, for her thesis examining Indigenous sovereignty and the common law, from the ANU Research School of Social Sciences in 1998.

Chris Sumner

Getting the most out of the future act process

Experience has shown that most Aboriginal people are not opposed to mining and want agreements. If an agreement is not reached between parties within six months of notification of a future act, the Native Title Act 1993 permits any of the parties to apply for arbitration. The Act requires the Tribunal to begin a right to negotiate inquiry to determine the matter. 

These provisions can put a native title party in a lesser bargaining position. Through reaching an agreement, royalty-type payments can be negotiated and voluntarily agreed. But once the future act moves into arbitration this can not be determined as a condition of the Tribunal’s determination. The Tribunal also cannot make a determination for compensation but only impose a condition for monies to be paid into trust pending a final determination of compensation by the Federal Court.   

Aboriginal people’s rights at the negotiating table can be improved with a greater knowledge of the future act system and ways to develop policy based agreements. Mr Sumner will present past future act cases to illustrate the process of negotiation, inquiries, evidence requirements and the law applied.

The Hon. Christopher Sumner AM works full-time as Deputy President of the National Native Title Tribunal and is based in Adelaide. He has been Deputy President since April 2000 and a full-time member since 1995.

Mr Sumner was Attorney-General for South Australia from 1982 to 1993. He was first elected to the Legislative Council of South Australia in 1975 and resigned in October 1994. Mr Sumner's parliamentary career includes appointments as Minister for Justice and Correctional Services, Minister for Public Sector Reform, Minister for Crime Prevention, Minister for Consumer Affairs, Minister for Ethnic Affairs and Acting Premier. He was a barrister and solicitor in private practice from 1967 until 1979.

Mr Sumner was appointed as Member in the Order of Australia (AM) 'for service to the South Australian Parliament, to the law, particularly establishing basic principles of justice for victims of crime, to multiculturalism and to the National Native Title Tribunal'. He was President of the World Society of Victimology from 1991 to 1994, is currently the President of the Australasian Society of Victimology, and was also awarded the Italian Government Honour of Commendatore in 1989. Mr Sumner has a Bachelor of Arts, Bachelor of Laws and Graduate Diploma in Arts all from Adelaide University.

Bob Taddeo

Lessons Learned: An Evaluation of the Framework of the Negotiations for the Ord Final Agreement 2006

Bob Taddeo is Australian born of Italian background and is married with three children. He is employed at the Office of Native Title in Western Australia managing the implementation of the Ord Final Agreement in the East Kimberley, the Burrup and Maitland Industrial Estate Agreement in the Pilbara, and Chair of the Native Title Facilitation Fund for the Office of Native Title.

Bob is a career public servant with over 30 years experience in public administration and policy. His networks extend to all levels of Government in Western Australia, including the not for profit sector, diverse groups, community and business.  He has extensive experience in business administration and governance with a comprehensive portfolio of achievements in delivering projects, programs and services to the community.

Bob has worked to a senior management role for the former Federal Department of Social Security for 20 years in the areas of regional management, strategic policy program and design, community engagement (Mainstream and diverse backgrounds)and administrative, financial planning and change management. The highlight of Bob's career in Social Security was being awarded an Australia Day medal for services to the community in 1991 and a Special Provision Award for services to the community by the Department of Immigration and Ethnic Affairs in 1992.

Bob has worked in the Western Australian Public sector for the last 11 years and during this time has managed the publication of InterSector Magazine (Statewide publication) for the State, State Manager of the Graffiti Taskforce, Business Manager for the Office of Crime Prevention and State Water Strategy, and more recently as Principal Project Officer for the Office of Native Title.

Bob has been actively involved as a community volunteer for a number of organisations including Neighbourhood Watch, City of Melville's Cultural and Citizenship Committee, Juvenile Diabetes Association and Recreation Network for people with disabilities.

Ed Wensing

Native Title, Natural and Cultural Resource Management and Caring for Country

The Australian Government Department of the Environment and Water Resources is responsible for developing and implementing policy to protect and conserve Australia's environment, including our natural and cultural heritage.  Indigenous relationships to country include hands-on management examples which incorporate both Traditional and western knowledge to achieve a range of positive conservation and sustainable agriculture outcomes.  These relationships are expressed through a range of natural and cultural resource management activities undertaken as part of the Indigenous Protected Areas program, Indigenous Heritage Program and the Natural Heritage Trust jointly delivered by the Department of the Environment and Water Resources and Department of Agriculture, Fisheries and Forestry program the Natural Heritage Trust.  This facilitated workshop will explore sustainable natural resource management issues that arise in the Department of Environment and Water Resource's land, water, heritage and sea management programs as well as exploring on ground outcomes achieved through partnerships between Indigenous communities and government.  The workshop will also provide an opportunity to obtain more information about the new Working on Country program announced in the 2007-08 federal budget.

Ed Wensing is Director of the Queensland NRM Team, Australian Government Natural Resource Management Team.

David Yarrow

Native title jurisprudence and the Indigenous social imaginary

As a result of Yorta Yorta, Australian native title jurisprudence now clearly conceives of native title in historic mode –  as rights arising from a normative system (which norms are observed by a bounded group called a ‘society’) which system pre-existed the assertion of British sovereignty in Australia.  Furthermore, the normative system and the society that is its source must have ‘continued substantially uninterrupted’ since the time of sovereignty.  Together, these requirements for proof of native title achieve two ends.  First, they require a judicial evaluation of the society of a native title claim group at the time of sovereignty (or as near to that time as the evidence allows).  Second, courts must consider available data in a chronological sequence from the earliest source to the present to determine if there has been substantial interruption.  The latter is not only an element of the criteria for proof of native title, it is also a standard for the intergenerational transmission of native title rights (both for the past and the future).

Australia is not the only jurisdiction to impose historically oriented social thresholds upon the recognition of Indigenous rights.  In Canada, the constitutional protection of Aboriginal rights under s.35(1) of the Constitution Act 1982 (Can) is effected by judges scrutinizing the ‘practices, customs and traditions’ of Indigenous peoples to determine if they are ‘integral to a distinctive culture’ of the time before European contact and thus qualify for constitutional protection.  The Native Land Court in New Zealand, the predecessor to the modern Maori Land Court, applied an ‘1840 rule’ when determining Maori freehold title.  Federal Indian law in the United States, when determining contemporary entitlement to rights guaranteed by treaty, has ‘defined a single necessary and sufficient condition for the exercise of treaty rights by a group of Indians descended from a treaty signatory: the group must have maintained an organized tribal structure’.

This paper will compare the various social thresholds of these jurisdictions.  Adapting Charles Taylor’s concept of a ‘modern social imaginary’, the paper will identify the Indigenous social imaginary manifested in courts’ conceptions of Indigenous societies (and their historical experience) that satisfy the social thresholds.

David Yarrow is a lecturer at the Monash University Faculty of Law and is presently pursuing a PhD at the Osgoode Hall School of Law in Toronto, Canada.  Over many years he has acted for a variety of Indigenous organisations particularly in native title matters, most recently Cape York Land Council on the Eastern Kuku Yalanji native title claim.

Indigenous Talking Circles

Land and health

This Indigenous only workshop will explore the relationship between land ownership, management, and being on country, with issues of community and individual health and wellbeing.

Greg McLean is the mayor of Hopevale.

Shawn Martens is the youngest of four sons to knowledgeable and respected Gunngandji elder, Mrs Jennifer Martens. Shawn graduated Year 12 in 1991 from Saint Augustine’s Marist Brothers College Cairns Qld Australia. He has studied Physical Education and has certificates in Health Fitness and worked as a personal trainer.  Shawn has worked in the performing arts area where he coordinated dance, drama and physical and cultural performances at Australia’s only Youth Performing Arts Centre based in Adelaide.

Shawn now holds a degree in Australian Government Contract Management and currently resides in Canberra and is studying a Double Degree, Bachelor Laws & Bachelor Commerce, whilst working as Senior Project Officer for the Australian Government Department Health and Ageing, in their Social Marketing (Advertising) Unit - Central Office in Canberra. Shawn’s work team is the Physical Activity and Nutrition team, of which his work is focused on creating behaviour change in the Australian population so that they may adopt lifestyle changes to exercise more and consume healthier foods to reduce the rate of obesity and other chronic diseases relating to being overweight and obese.

An active sportsman, Shawn is an avid campaigner for healthy living and positive lifestyle choices for himself and other indigenous Australians and the Australian population as a whole. Despite all the frustrations of independently assisting his clan group with the native title claims his family is involved in, Shawn has stayed true to his dream of acquiring the required capital to setup business and infrastructure to help members of his community in their pursuits.

Shawn strives to be a role model to motivate other young indigenous people into realising their dreams, whatever they may be. Shawn is in the process of working with various Department of Health and Ageing Senior Mangers and Ministers and is very focused on holistically improving the wealth and health of indigenous people and indigenous communities.

Land and culture

This Indigenous only workshop will examine cultural programs, in particular for language and recording traditional knowledge, and discuss how native title might provide a foundation for cultural maintenance and development, and vice versa, how cultural programs can support and maintain the cultural connections required to sustain native title. 

Marita Budden: ‘Persistence and determination alone are omnipotent’

The quote you read above is a powerful statement. This is how I feel. Aboriginal people need to be determined and persistent with native title and with all other aspects of our lives.

Marita Budden is a traditional owner from the Jirrbal/Ngadjon-Jii tribal groups on the Atherton Tablelands.  Marita is serving her second term served as a Governing Committee member and currently holds the office of Deputy Chairperson.  Marita’s portfolios are the Wet Tropics and the Advisory Committee for Native Title Studies at James Cook University.

Melinda Holden has lived in Townsville for the past 15 years.  She is employed as the Language Support Officer at the North Qld Regional Aboriginal Corporation Languages Centre (NQRAC) which is based in Cardwell.  Melinda has been working on her family languages Gurang (paternal) and Warrgamay (maternal). Her involvement with language includes: a Diploma in the Indigenous Language, FATSIL Committee member for 4 years, Member of the RALMC for the Townsville/Cairns regions for 3 years and a Member of the Qld Indigenous Language Advisory Committee.

Bridget Priman was born and bred in Bundaberg but has since moved to Townsville where she has been for 17 years.  Bridget is currently employed with the North Qld Regional Aboriginal Corporation Languages Centre (NQRACLC) as Language Projects Coordinator.  She has been studying Indigenous Languages and Adult Education at Batchelor University for 4 years and also completed a Diploma in Indigenous Languages. Her interest is also in writing children’s stories and her first published article is “Biddy’s Fishing Line”.  As a community member Bridget is active as a: Black Ink Press committee member,  FATSIL Shadow Delegate,  Qld Indigenous Languages Advisory Committee and a member and employee of the NQRACLC.

Strategies for native title groups and their PBCs

This Indigenous only workshop will provide a unique opportunity for native title holders to discuss how they are managing their PBC and the post determination native title environment.

Dale Mundraby, Mandingalby Yidinji PBC. 

Danny O’Shane, Western Yalanji PBC.

Preston Thomas, Ngaanyatjarra Council.

Asserting our Sovereignty

This session is about creating a national Indigenous voice. There has been a lot of State and Federal government discussion about cultural heritage and Indigenous governance, about a new way of doing business, but there has been no national channel for traditional owners to have a voice. We can either wait for government to create space or do it ourselves. 

This session asks the following questions:

• Are other traditional owners interested in a national voice?
• Would it be broader than native title?
• What are the existing models of representation for traditional owners?
• What form would it take and who would be responsible for it?

We think it would be great to have a national voice for traditional owners on broad issues such as the privatisation of water, climate change, cultural heritage and governance. This Indigenous talking circle is to gauge whether it could work and where to go from here. 

Matthew Rigney is a Ngarrindjeri man from Meningie in South Australia. After completing a Degree in Social Sciences from the South Australian Institute of Technology and a Management Certificate at the Australian Institute of Management, Matthew Rigney has had a varied professional career. He has worked for Aboriginal Community Welfare, Commonwealth Department of Education, Employment and Training and most recently as an ATSIC Regional Councillor.  Outside of work Mr Rigney is the Chairman of Ngarrindjeri Native Title Management Committee, Member of the Tendi – Ngarrindjeri Governing Body, Chairman of the Murray Lower Darling Rivers Indigenous Nations (MLDRIN) and the MLDRIN Representative on The Living Murray’s Community Reference Group.

Indigenous Business Enterprise

Local small business owners from the Advanced Indigenous Business network will discuss with participants the experience of entering into business and how to make your organisation a success.  They will also discuss the value of building a network of support with local business development organisations and other Indigenous businesses.

Women’s leadership in native title

This Indigenous Women only workshop will discuss issues of personal leadership and managing the expectation and burdens of the native title process on Indigenous women and their families.  Participants will be invited to share and develop strategies for building personal strength and resilience.

Monica Morgan is a Yorta Yorta woman.

Yvonne Stewart is an Arakwal Bundjalung woman from Byron Bay in New South Wales.  Yvonne is Secretary of the Arakwal Corporation and Chairperson of the Arakwal National Park, which is a joint managed park with NSW National Parks & Wildlife Service, and Chair of the Cape Byron Trust.

Workshops

The New Corporations Legislation

Staff of the Office of the Registrar of Aboriginal Corporations (ORAC) will present a workshop for Indigenous Corporations to provide information on the governance requirements of the Corporations (Aboriginal and Torres Strait Islander) Act 2006. The new Act, which commences on 1 July 2007, will have transitional arrangements giving corporations up to two years to adjust. The workshop will help Indigenous Corporations understand what they have to do to transition to the new legislation, as well as being an opportunity for ORAC to understand better what we can do to support their transition to the new Act.

Laura Beacroft is Registrar of Aboriginal Corporations (see above for biographical notes).

Joe Mastrolembo is Deputy Registrar of Aboriginal Corporations.

Toni Matulick is Deputy Registrar of Aboriginal Corporations.

Sayuri Piper is Senior Legislation and Policy Officer.

Keeping Your History Alive

This workshop is based on the information contained in the Keeping Your History Alive handbook which has been developed by the Audiovisual archive at AIATSIS. This handbook is designed to assist individuals and small organisations to care for their existing audiovisual materials and collections. The handbook also provides guidance on how to create high quality audiovisual material, including photographs and audio recordings.

The focus of this seminar will be on photographs and paper records, and the correct ways to store and care for them. You will have the opportunity to ask the presenter specific questions about your collections and you will be provided with a copy of our Keeping Your History Alive handbook.

Di Hosking is Director Audiovisual Archive, Australian Institute of Aboriginal and Torres Strait Islander Studies.

Spatial Aspects and Relationships of Native Title

Land, people and the spatial relationships between them are a fundamental component of native title. Understanding who are involved, where their interests lay and what those interests are - at the outset - and along the journey - needs to be in your tool kit.

The NNTT provides a number of geospatial services and tools to assist stakeholders and clients participating in the process. This presentation will deliver an overview of these services and provide instruction on how some of the tools can be used or acquired to assist or help you in delivering your tasks.

Peter Bowen is the Principal Geospatial Scientist & Manager, Geospatial Services, National Native Title Tribunal, PERTH WA. Peter’s responsibility includes managing the delivery of quality geospatial services, including s78 assistance, for the Tribunal and the national custodianship of the spatial extent of native title matters held on the Tribunal’s statutory Registers and systems as required by the Commonwealth Native Title Act (1993). He is nationally recognised for his expertise in the broad spectrum of spatial sciences through employment and professional activities. Peter remains passionate about the value of spatial information in society and promotes such at every opportunity. He has formal tertiary qualifications in spatial sciences and is a Certified Spatial Professional, Chairs Curtin University Spatial Sciences Advisory Committee and is a national Director of the Spatial Sciences Institute.

A Practical Guide to Getting into Business

This workshop will aim at providing some practical guidance on getting into business. A panel comprising IBA Partnerships, IBA Enterprises and IBA Investments will provide an overview of how to get the most of business opportunities where they arise in a native title context. This will cover the spectrum from starting up small businesses to engaging in larger businesses, including joint ventures with industry partners.  There will be an opportunity to discuss the process of identifying business opportunities, the business planning, financing and ongoing support roles provided by IBA with reference to other areas of government support.

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Page last updated: 13 December, 2007 
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