• Abstracts and Biographical Notes  

• Indigenous Talking Circles

• Workshops

Abstracts and Biographical Notes  

Steven Bennetts and Stephen Walker

Burrup rock art, the native title process and WA’s  failed heritage protection regime

Woodside and the Government have decided to construct the Pluto Liquid Natural Gas plant in the middle of the world’s oldest and largest rock art gallery, which is also a site of major significance to local Aboriginal people. The cultural advocacy group Friends of Australian Rock Art (FARA) was established in 2006 with the principal objective of challenging plans by the State Government and Woodside for continuing destruction of Aboriginal cultural heritage on the Burrup Peninsula which has gone on since the 1970s.  

In this presentation, FARA barrister Stephen Walker and anthropologist Stephen Bennetts will critique the current dysfunctional WA Aboriginal heritage protection regime, and suggest how local NTRBs and FARA may be able to mount a successful legal challenge to the current arrangements. They will also explain how the local native title and BMIEA agreement processes have had the convenient esffect for the company and State Government of dividing the local Aboriginal community, marginalizing the local NTRB from involvement in the issue, and thus weakening Aboriginal opposition to the project. The speakers will describe FARA’s attempts to transcend differences between rival native title claimant groups and build a unified front against the continued destruction of Aboriginal heritage on the Burrup.

Stephen Walker is a Perth barrister who represented native title claimants in the Wongatha native title claim in the GLC region, and also acts for Friends of Australian Rock Art.

Stephen Bennetts has worked as a staff and consultant anthropologist on native title NTLRA and heritage protection issues for various Aboriginal organisations in the NT and WA since 1994. He was co-editor of the Indigenous Law Bulletin and editor of the Australian Indigenous Law Reporter from 1998-2000, and was a founding member of Friends of Australian Rock Art in 2006. He is completing a PhD in Anthropology at the University of WA.

Wayne Bergmann

Wayne Bergmann is Executive Director of the Kimberley Land Council (KLC), one of Australia’s leading organisations dealing with Aboriginal land rights and resource development issues. Negotiations for the development of multi-billion dollar gas reserves off the Kimberley coastline put the region and its people at the pinnacle of the resources boom. As the peak body representing Indigenous people in the region, the KLC and Mr. Bergmann are playing a crucial role in determining how development will proceed. In between mining giants, state and federal governments and environment groups, the KLC is fighting to ensure any development delivers long-term opportunities and benefits for Indigenous communities, while at the same time respecting and protecting cultural and environmental values.

Mr. Bergmann has Nykina, Nyul Nyul, Greek and Sri Lankan ancestry, and grew up near Derby in the Kimberley region of Australia. He has a strong community background and worked in the region as a qualified boilermaker and contractor, and as Executive Director of the Kimberley Aboriginal Law and Culture Centre, before studying formal law in Perth.  He worked in Chambers and private practice in Perth, before returning to the Kimberley to take up the position with the KLC. Mr Bergmann has been Executive Director of the KLC since 2001. During that time, the KLC has assisted Aboriginal Traditional Owners gain native title determinations covering more than 210,000 square kilometers ( over 45 per cent) of Kimberley country. Mr Bergmann has also overseen the successful negotiation of a number of significant agreements between resource developers and Traditional Owners across the Kimberley.  This includes major agreements with one of the world’s largest diamond producers, Argyle Diamond Mines, Tanami Gold and Aztec Resources. Central to each of these agreements has been securing real and ongoing benefits to Indigenous people, in terms of employment and business opportunities, community development, land, and investment in the future.

Anthony Beven and Lisa Donnelly

New directions for the Registrar of Aboriginal and Torres Strait Islander Corporations

This paper sets out the new directions for the Office of the Registrar of Indigenous Corporations (ORIC). ORIC has reshaped its priorities to lift the performance and capacity of Aboriginal and Torres Strait Islander corporations. This includes increasing the number of Aboriginal and Torres Strait Islander organisations registered under the Corporations Aboriginal and Torres Strait Islander (CATSI) Act, increasing the level of compliance among corporations and reviewing how ORIC measures compliance. ORIC also aims to reduce compliance costs for corporations by, among other things, developing a simplified rule book. A guide to this shorter rule book has been developed especially for prescribed bodies corporate and will be launched at the Native Title Conference 2008. This guide will significantly contribute to the capacity of PBCs to transition to the new CATSI Act, supported by ORIC’s expanded corporate governance training program.

Anthony Beven was appointed Registrar of Aboriginal and Torres Strait Islander Corporations (now known as the Registrar of Indigenous Corporations) on 1 October 2007. He was previously Regional Commissioner for the Australian Securities and Investments Commission in South Australia and before that in the Northern Territory. Anthony was a national advisor in Consumer Protection, especially on issues facing Indigenous and regional consumers. He has also been the Registrar of Companies in Papua New Guinea and founding Chairman of the Papua New Guinea Securities Commission as well the Papua New Guinea Accounting Standards Board. 

Lisa Donnelly is Acting Director of the CATSI Communications section at the ORIC. She has been Assistant Director since joining the organisation in 2006. With a background in graphic design, Lisa has been instrumental in revitalising the look and feel of publications and training materials for ORIC.

Simon Blackshield

Sections 66B and 251B of the Native Title Act 1993

A discussion of the law of authorisation for native title claims, including the requirement for claims to be authorised by properly-constituted claim groups, the question of whether there will be a relevant ’traditional‘ process for authorising claims, and the making of applications to change applicants on claims.

Simon Blackshield is a lawyer who has been practising in the native title area since 1994, on the east and west coasts. While employed by the NSW Aboriginal Land Council in the mid-90s, he conducted the Dunghutti Crescent Head  claim, which was the first successful native title claim on mainland Australia, producing the first determination of native title under the NTA. He currently works as In-house Counsel at the South West Aboriginal Land and Sea Council, and also has his own practice which focuses on NSW and Queensland.

Jane Blackwood and Johnny Hopiga

The survival of land and sea management units

The availability of funding resources now available for Indigenous land management has led to the growth in land and sea units across the country. There are some key issues that need to be addressed if these units are to survive and be sustainable into the future.

Jane Blackwood is qualified in tropical ecology, GIS, community development, rural extension and adult education.  Jane has been working across different sectors in Northern Australia since1985 including mining, agricultural production, natural resource management, conservation, adult education and ranger programs. She arrived in the Kimberley in 2004 to work with fire management and then moved into the Land and Sea Management Unit at the Kimberley Land Council in 2006.  

Johnny Hopiga is a Karajarri man and Head Ranger of the Karajarri Rangers. He has an outstation on country and teaches kids Karajarri law. Johnny is also a committee member of the Karajarri Traditional Lands Association.

Bob Blair and Leah Armstrong

Creating Indigenous wealth and economic development through industry partnerships

Indigenous Business Australia works closely with industry experts and Indigenous investors, with the aim to create an asset base and build wealth for Indigenous Australians. This paper will present investment case studies and will demonstrate how the suite of IBA’s programs work together with local Indigenous communities and industry partners to create commercial joint ventures that lead to spin off opportunities for Indigenous employment and small business development. Indigenous Australians require an asset base to participate in and benefit from the mainstream economy, and Indigenous Business Australia has acquired considerable expertise in assisting Indigenous communities to participate in joint venture arrangements. Where possible, further business development and mentoring can be achieved by supporting Indigenous contractors to develop the necessary skills to take advantage of opportunities created by commercial activities. Employment and training strategies can then be implemented to build the capacity of local communities to respond to the labour requirements generated. This paper demonstrates that by creating wealth by building the asset base of Indigenous Australians through investment partnerships, can also lead to significant flow on effects in economic participation through employment and small business development.

Bob Blair has been an IBA Board member since 3 July 1998. He has an extensive business background as the administrator of the Dreamtime Cultural Centre, Rockhampton, North Queensland. Mr Blair also has Indigenous training experience, having been a senior training officer with the Central Queensland Aboriginal Corporation for Training Resources. In 2001, Mr Blair was awarded the Centenary Medal for service to the community through cultural awareness activities.

Leah Armstrong is a foundation member and the Executive Director of the NSW based Yarnteen Ltd which is a not for profit Indigenous organisation. She has built Yarnteen into a robust enterprise with a creative and entrepreneurial spirit that inspires its employees and makes a difference in the Indigenous community.  Other directorships and committee appointments include:  Indigenous Business Australia, Chair of the Aboriginal Business Roundtable NSW, member of the Board of Vocational Education and Training NSW and Non Member Director NTS Corp NSW.

Stuart Bradfield, Sally McMartin, Ted Hart, Peter Michael, Karri-Anne Kearing & James Khan

Moorditj Booja: A Community Partnership Agreement

Moorditj Booja: A Community Partnership Agreement’ was signed off by the Gnaala Karla Booja people, SWALSC, Newmont and Anglo-Gold Ashanti in August 2006. The agreement commits the Boddington Gold Mine (BGM) (located 130 km south east of Perth) to employ at least 100 Aboriginal people, and provides for a suite of benefits to the local GKB people, including education, training, and business development. As BGM gears up to full production in early 2009, implementation of this significant agreement gathers pace. This session will explore a range of complex issues experienced by partners to the agreement, with open and frank perspectives offered by representatives from all the key parties: the Tradition Owner Liaison Committee, SWALSC, and Newmont.

Dr Stuart Bradfield is the Manger, Regional Economic Partnerships, at the South West Aboriginal Land and Sea Council. Prior to that he worked for the WA Office of Native Title, and as a Visiting Research Fellow in the Native Title Research Unit at AIATSIS. His main area of interest is treaty and agreement making between Indigenous and other peoples, and he has published articles and book chapters on treaty, agreement making, genocide, native title and Aboriginal affairs policy and politics.

Ted Hart has been Chairperson of the South West Aboriginal Land and Sea Council (SWALSC) since December 2003 being re-elected following the May 2005 elections. He was born in Bunbury and educated at Darkan and Governor Stirling Senior High School. Ted has had a long standing involvement with Aboriginal and mainstream employment. This has included a position as Chair with the Aboriginal Legal Service in 1983, Sports Officer with the Aboriginal Advancement Council, Welfare Officer with the Civil Rehabilitation Council and Youth Development Officer at the Tharrawal Aboriginal Corporation. For the last 10 years Ted has been a self-employed Aboriginal Heritage Consultant.

Karri-Anne Kearing is part of the Traditional owner Liaison Committee established under the CPA.

James Khan is part of the Traditional owner Liaison Committee established under the CPA.

Sally McMartin is the Senior Manager External Affairs for Newmont Australia.  Sally has been with the company approximately five years and this is her first posting in the mining industry. Under the banner of External Affairs Sally's key areas of responsibly are Community Relations, Indigenous Affairs, Government Relations.  In her time with Newmont she has assisted to develop and drive the company's Indigenous training and employment strategies nationally and at a site level.  Sally sees that the success of Newmont's programs has been the development of strong partnership arrangements with Land Councils, Government and the local communities.

Prior to working in Newmont Sally worked for ATSIC in Canberra as the senior manager for Strategic Human Resources and before that was a private consultant. Many of her clients in her consultancy practice were from the community and not for profit sector.  She undertook such work as program reviews and evaluations, strategic planning, training and development

Peter Michael is part of the Traditional owner Liaison Committee established under the CPA.

Tom Calma

Sustainable options for Australia’s new national Indigenous representative body

In late 2007, the Aboriginal and Torres Strait Islander Social Justice Commissioner commissioned research on options for a new national representative body for Indigenous peoples. The research and consultation undertaken for this paper will examine: What lessons can be learnt from mechanisms for representing Aboriginal and Torres Strait Islander peoples at the national level that have previously existed?

What options are there for ensuring that a national Indigenous representative body is sustainable?

What lessons can be learned from mechanisms for representing Indigenous peoples that have been established in other countries? The paper that will be presented will discuss these three questions and seek to identify culturally appropriate and sustainable options for the new national Indigenous representative body to be established by the Federal Government. The paper seeks to inform and underpin a broader national discussion on the best possible Indigenous representative body for Australia.

Human rights and Indigenous engagement with rapidly evolving climate change policy

This paper considers Indigenous engagement in climate change policy, and adaptation and mitigation strategy, at the international and national level from a human rights perspective. It looks at:

• outcomes from the Seventh Session of the United Nations Permanent Forum on Indigenous Issues and the International Expert Group meeting on Indigenous Peoples and Climate Change;
• the Garnaut Climate Change Review; and
• the capacity of the native title system to deal with climate change.

Tom Calma is an Aboriginal elder from the Kungarakan tribal group and the Iwaidja tribal group whose traditional lands are south west of Darwin and on the Coburg Peninsula in the Northern Territory. He has been involved in Indigenous affairs at a local, community, state, national and international level and has worked in the public sector for over 30 years. Until his appointment on 12 July 2004 as Aboriginal and Torres Strait Islander Social Justice Commissioner, for an appointment of five years and national Race Discrimination Commissioner by annual appointment, Mr Calma managed the Community Development and Education Branch at Aboriginal and Torres Strait Islander Services where he worked with remote Indigenous communities to implement community-based and driven empowerment and participation programs. In 2003, he was Senior Adviser of Indigenous Affairs to the Minister of Immigration, Multicultural and Indigenous Affairs and from 1995 to 2002 he was a senior diplomat in India and Vietnam. Commissioner Calma is also a White Ribbon Day Ambassador, the International Day for the Elimination of Violence Against Women, held on 25 November each year. Mr Calma has been an Ambassador since 2005. Commissioner Calma is also a National Patron of Wakakirri National Story Festival.

David Campbell, Paul Burgess, Stephen Garnett and John Wakerman

An economic estimate of the probable savings in health costs from participation in Indigenous Cultural Natural Resource Management (ICNRM)

At the request of traditional owners a recent study was undertaken in, central Arnhem Land, in collaboration with a trans-disciplinary team of medical, ecological and social researchers to test the nexus between healthy people and healthy country. The study results showed a significant inverse association between risk indicators for diabetes and cardiovascular disease and the level of participation in Indigenous cultural natural resource management, or ICNRM. That is, it was observed that those who had a higher ICNRM score showed a lower indicative risk. In this paper we report on the probable cost savings in primary health care for diabetes, renal disease, hypertension, cardiovascular disease and combinations of these chronic diseases on the assumption that the data shows a causative relationship. We show the estimated savings in primary health care are substantial. These results provide support, in addition to environmental benefits, for facilitating ICNRM. Inclusion of a broader range of health benefits, including possible savings in secondary health care and the benefits of a healthier community would further enhance the estimated social benefits. 

David Campbell has held the position of senior research economist at the Centre for Remote Health, Alice Springs, since February 2007. This position is jointly funded by the Centre and Desert Knowledge CRC, and includes teaching the graduate course in health economics. He previously worked as a natural resource economist with the Australian Bureau of Agriculture and Resource Economics, prior to setting up his own consultancy in 1997, where he contracted to Aboriginal organisations, state and commonwealth government departments and international bodies; and lectured at the Crawford School of Economics and Government, Australian National University. His research focus is on the economies obtainable through the joint supply of environmental and health benefits generated through the involvement of Aboriginal people in traditional land management practices. The results of this work are at variance to the possible efficiencies obtained through the aggregation of Aboriginal outstations into larger communities.

Trevor Close

The Githabul PBC

Trevor Close is an Indigenous commercial lawyer currently working in the resources industry. Mr Close has been assisting Traditional Owners capitalise upon their native title assets through building commercial partnerships with Investment Banks such as Cube Finance, Lehman Bros and Leighton Contractors. Mr Close was the principal claimant for the Githabul Tribal Nation who recently won the largest settlement for native title on the east coast of Australia. The Githabul people now have joint management with the NSW government over ten National Parks and five state forests as well some Travelling Stock Routes.

Dennis Eggington

Dennis Eggington has been Chief Executive Officer at Aboriginal Legal Service Western Australia (ALSWA) since 1995. He came to the position with a wealth of experience gained through involvement with a wide range of Aboriginal organisations. Dennis has a background in education, management and community development. He holds a Diploma of Teaching and a Bachelor of Applied Science. His professional experience includes teaching and management roles with the WA Aboriginal Media Association, the WA Aboriginal Education Consultative Group, the Curtin University's Centre for Aboriginal Studies, Derbarl Yerrigan Health Service and the Dumbartung Aboriginal Corporation. His role is overall management at ALSWA and he represents ALSWA on a number of Aboriginal and Torres Strait Islander committees. Dennis is a Noongar man who maintains strong links with his community

Margarita Escartin

‘Who are you? No-one asked me!’ - Managing Risk in Agreement Making: A Model for Authorisation of Indigenous Land Use Agreements

The highway leading to authorisation of Indigenous Land Use Agreements (ILUAs) is seldom smooth sailing on cruise control. More often than not there will be a number of pot holes, sharp turns, flat tyres and steep hills requiring skilled drivers, co-pilots and trusting passengers to reach the final destination. Issues are always complex and multilayered, involving numbers of stakeholders who may have conflicting imperatives and needs informing their positioning, often incompatible time constraints on all parties and usually resourcing issues.

The process towards a positive outcome, an authorised and registered ILUA, must be proactively managed and carefully balanced through a structured framework of engagement with and by all participants: of project proponents and claim group representatives or negotiators, of claim group representatives and those who must authorise the making of agreements ie native title holders of the ILUA area, of facilitating parties eg land council staff and their management and of project proponents, their advisers and upper levels of decision makers.

The risk is always that ILUAs will not be authorised or they will fail registration testing. It is my experience that the predominant issues contributing to that risk are: Who are the native title holders? Have they had an opportunity to participate in consultation? Have those persons authorised? These risks must be managed through constant monitoring, and proactive mitigation - ensuring that consent from native title holders claimants is obtained at all milestones in the negotiation process. Consent is at the heart of the authorisation process and it is that consent that forms a component of the social licence to operate in communities and on country.

It is also my experience that multiparty agreement on claim appropriate process, comprehensive resourcing, intra-group mediation where necessary and hands-on management by the native title holders can produce wonderful results.

This presentation is a Model for Authorisation of Indigenous Land Use Agreements (Area Agreements) that attempts to provide a structured roadmap to manage the layers, as well as provide a basis for compliance with statutory requirements. It is a model that has been used effectively and with great success in the central Queensland region, has application for other aspects of authorisation under the Native Title Act and which may provide sufficient flexibility to develop claim group specific processes in other areas around Australia.

Margarita Escartin is a solicitor in the Property and Commercial Services division of Gadens Lawyers, Brisbane. She previously worked as a legal officer in a Native Title Representative Body, and enjoyed a particular focus on agreement making: designing and managing negotiation processes in consultation with claimants and facilitating negotiations between claimants and third party interests. Margarita was admitted as a solicitor in 2000 and has worked predominantly in litigation since that time. She is originally from Sydney and currently resides in Brisbane with her family. Margarita continues her work with native title clients and has also expanded her area of practice to advising and negotiating on behalf of proponents.

Robert French, Raelene Webb, Gary Hamley and Tony Neal

Strategic use of court procedures to avoid unnecessary litigation 

The Federal Court's presentation will provide the opportunity for a conversation based upon the wide and varied experiences of a range of panellists who are familiar with the strategic use of Court procedures to achieve outcomes and avoid unnecessary litigation. The conversation will be moderated by the Registrar and the panel will include Justice Robert French.

This will be complemented by excerpts from two DVDs recently produced by the Court: one that focuses upon assisting witnesses, the other upon reflections of legal practitioners who have conducted many native title cases. Both showcase experiences and practice relevant to all cases but are particularly relevant to an early or limited evidence hearing.

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 part-time member of the Australian Law Reform Commission. From 2001 to January 2005 he was President of the Australian Association of Constitutional Law.

Gary Hamley

The Native Title Mediation Process:  Insights and Developments

The State of Western Australia is the first respondent for native title applications filed in this State.  The Office of Native Title represents the State of Western Australia’s interests during the mediation of native title determination applications. The State Government prefers negotiation to litigation in resolving native title applications, whenever possible.  Since 2000, fifteen consent determinations have been achieved through the process of mediation, usually facilitated by the National Native Title Tribunal.  As a result, the State has accumulated significant experience as a participant in mediation. Mediation has presented opportunities for the State to develop consistency in internal processes and improve relationships with key stakeholders, particularly with Native Title Representative Bodies. Through the course of negotiations the State has clarified its position on issues that emerge during mediation and thereby contributed to achieving consent determinations and enabling potential future consent determinations. This paper explores whether, with the increasing experience of all parties, native title mediation in Western Australia is becoming less challenging.  It revisits a number of innovations introduced by the Office of Native Title, as lead negotiator for the State in mediation, including techniques used to settle and advance the State’s position on issues and the terms of consent determinations.  The paper explores factors that have allowed parties to narrow the issues and some of the continuing challenges. 

Gary Hamley has been the Executive Director, Office of Native Title since 2004.  He has over thirty years service in the Western Australian Public Sector, and extensive experience at the highest levels of Government, as a Ministerial Chief of Staff and in a range of portfolio areas including health, labour relations, police and emergency services. Gary has a strong commitment to partnership approaches to service delivery and government responsiveness to community needs.  He is also a skilled manager, with a desire to see that the Office of Native Title is well resourced and operating efficiently. In his time as Executive Director, Gary has overseen a major growth in the Office, and has been pivotal in progressing negotiations for the resolution of eight native title determination applications and the implementation of two major native title agreements.

Ted Hart and Glen Kelly

The Bennell decision

In September 2006 the Noongar people celebrated the recognition of their connection to country by a judge of the Federal Court.  Justice Wilcox found that the Noongar people were a single community, as they asserted, that had continued to exist, had maintained their connection to country and acknowledge and observe their laws and customs, including those that determine rights and interests in land.  The decision was met with disbelief by the State, who immediately announced their intention to appeal the decision.  In April this year a full bench of the Federal court upheld the appeal by the State and, although they didn’t make any finding against the Noongar people’s claim, they sent the matter back to another single judge to be reconsidered according to a different understanding of how the questions are to be addressed by the Court.  In this session, the chairperson on the South West Aboriginal Land and Sea council, their Executive Director and their legal Counsel will share their view of the decision, the process leading up to the appeal and consider where to now for Noongar people and their native title claim.

Ted Hart is the  Chairperson of the South West Aboriginal Land and Sea Council (SWALSC) (see full details above).

Glen Kelly is the Chief Executive Officer (CEO) of the SWALSC. Glen is a Noongar man and brings to SWALSC 14 years of experience in Indigenous Affairs, much of it in native title and Indigenous land related issues. Glen has held a number of senior positions in Indigenous organisations, both as a manger and as an advocate of Indigenous interests, as well as positions within Government agencies. Glen sits on a number of high level committees and statutory authorities at a State and Commonwealth level that relate to Indigenous land interests. Glen is a keen advocate of Noongar interests, and in his role as the CEO, seeks to ensure that SWALSC is able to provide an efficient and effective service to Noongar people and their native title claims. The CEO is appointed by the Executive Committee and acts in accordance with the policies determined by that committee.  He attends the Executive Committee meetings and provides regular reports in reference to the operations of the organisation.

Colleen Hayward

Professor Colleen Hayward is Manager, the Kulunga Research Network of the Telethon Institute for Child Health Research and Associate Professor, Curtin University. She has an extensive policy, negotiation, advocacy and management background in health, education, training, employment and housing, including the Aboriginal and Torres Straight Islander Services agency, and was previously deputy Chief Executive Officer of the Aboriginal Legal Service of WA. Her expertise covers aboriginal child health, aboriginal disadvantage, aboriginal research and indigenous health policy. For more than 20 years she has influenced policies and programs on issues reflecting the needs of minority groups at State Government, national and community levels. This year she was recipient of the prestigious Premier of Western Australia’s Multicultural Ambassador Award for her commitment to progressing human rights and addressing racism in our community. Professor Hayward is a senior Noongar woman with family ties throughout the South-West of Western Australia and has built lasting partnerships and initiatives between Indigenous and non-Indigenous Western Australians. She is an inspiring speaker with the ability to communicate across cultural and other boundaries.

Wilfred Hicks, Robyne Churnside and David Milroy

‘On being a custodian of Aboriginal heritage in WA and having to deal with the State Government, Woodside and other mining companies’: Indigenous perspectives on WA’s failed heritage protection regime

Wilfred Hicks is the spokesperson for the Wong-Goo-Tt-Oo native title group and a custodian of the Burrup Peninsula. In October 2007, he and Wong-Goo-Tt-Oo law man Tim Douglas unsuccessfully lodged an application under s 9 and 10 of the Federal Aboriginal and Torres Strait Islander Heritage Protection Act with Minister Malcolm Turnbull to place an injunction on Woodside’s proposed works on Pluto Site B on the Burrup Peninsula and to establish an inquiry into the heritage values of the Pluto B lease. The incoming Minister for Heritage, Peter Garrett subsequently appointed a reporter in relation to the Wong-Goo-Tt-Oo’s s 10 application.

Robyne Churnside is a member of the Ngarluma native title group, the Pilbara Native Title Service Executive Committee, Equal Opportunity Commission Discrimination Committee and convenor of the Roebourne Strong Women’s Group (and a possible future member of DIA’s Aboriginal Cultural Materials Committee which advises the WA Minister for Indigenous Affairs). In November 2007, she issued the ‘Murujuga Declaration’ at the gates of Woodside’s Pluto lease, to be published in the April/May issue of the Indigenous Law Bulletin.

David Milroy is spokesperson for the Balyku native title group, a custodian with his sister Sally Morgan of the Abydos/Woodstock area and a successful Aboriginal playwright and musician. His play ‘Swine River’ attacking the State-sponsored destruction of WA Aboriginal heritage premiered in Perth in 2006.

Gerald Hobbler and Rhonda Brim

Up Barron Gorge without a Paddle

The Djabugay from Kuranda in north Queensland had the first native title consent determination over a national park in Australia, yet they are struggling to benefit from the ILUA which was associated with the determination. This presentation will outline some of the difficulties they have encountered and their efforts to rebuild their PBC and arrive at a Plan of Management of the Barron Gorge National Park which accurately reflects their original aspirations for joint management in Queensland.

Gerald Hobbler is the newly elected Chairperson of the Djabugay Native Title Aboriginal Corporation and works at the Kuranda College. 

Rhonda Brim is a member of the Djabugay Governing Committee and has a significant commitment to Djabugay cultural projects including weaving.

Vance Hughston

What is required for connection

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.

George Irving

The Martu Test Case – exclusive Possession and Religious Freedom –v- the Expedited Procedure

In March 2006 the Western Australian Department of Industry and Resources issued a number of expedited procedure notices, “as test cases”, to have the National Native Title Tribunal determine whether the expedited procedure applies to the grant of exploration licences in the area where the Martu People have determined native title rights to possess, occupy, use and enjoy the land and waters to the exclusion of all others. In January 2008, following two days of cross-examination of witnesses for the government and grantee parties, the State decided to withdraw the expedited procedure notices. This left unexamined the rights, asserted by the Martu People:

• To either take the exploration licences for them selves or to receive 90% of all royalties in respect of the land the subject of the tenements, pursuant to the WA Mining Act or, alternatively, to receive compensation prior to the grant of exploration licences;
• To protect their sacred sites and areas of significance, in accordance with their distinctive laws and customs, rather than in accordance with the WA Aboriginal Heritage Act; and,
• To carry out their religious observances free of any interference by the Commonwealth, pursuant to s. 116 of the Commonwealth Constitution.

 This paper examines the factual and legal foundations for the assertion of such rights by exclusive possession native title holders.

George Irving graduated from the Melbourne University Law School in 1987 and has extensive experience in native title, mining and administrative law. Prior to resuming his practice as a barrister, in 2001, he was the Principal Legal Officer of the Kimberley Land Council, where he worked for 8 years. He was instructing solicitor in the Mirriuwung and Gajjerong appeals, and has appeared as counsel in numerous native title matters, including the Karajarri, Rubibi and Bardi and Jawi trials, and the Central West Goldfields preservation of evidence hearings. He also has extensive experience in negotiating native title and heritage agreements and in mediating intra-Indigenous disputes. Recently he successfully defended an appeal by the State against the dismissal of a fisheries prosecution on native title grounds; and authored the report on the Inquiry into the IBA Joint Venture Businesses and the problems associated with alcohol abuse in Fitzroy Crossing. His previous published works include: "Reclaiming the Heart land"-a commentary on the issues, evidence and findings in Rubibi Community and Anorv The State of Western Australia and Ors [2001] FCA 607, in the Indigenous Law Bulletin, Vol5, Issue 18, at p 19; and, "Prescribed Bodies Corporate - the Statutory Displacement of the Right to Manage Native Title"; in Native Title in the New Millennium, Bryan Keon-Cohen Editor, Aboriginal Studies Press, 2001. He is currently the president of the WA Society of Labor Lawyers and Chairman of Central Desert Native Title Services.

Kirstin Isaacs

Negotiating agreements – The role, benefits and experience of negotiation teams

The use of negotiation teams in the negotiation of native title agreements increases the likelihood of sustainable agreements relevant to, and addressing the priorities of, the particular Traditional Owner group. 

The use of negotiation teams to represent native title groups raises a number of considerations:

• Roles and responsibilities of the team

• Resourcing the team

• Engagement with the broader native title group

• The negotiation team’s role in implementing the agreement

The presentation will explore each of these considerations including the rationale for each and provide people’s experiences of negotiations.

Roles and responsibilities of the team: Identifying clearly the role and responsibility of the team and the individual team members is critical to the overall success of the team.  Identifying the best process to use to identify team composition and to establish the roles and responsibilities requires knowledge of the particular group.

Resourcing the team: The resourcing required will vary depending upon the expertise of the negotiation team.  Resourcing requires the provision of assistance to ensure that the team can meet its group and individual roles and responsibilities.  It includes provision of expert advice, training in team negotiations, travel allowances and funding to perform specific duties.

Engagement with the broader native title group: Native title agreements involve the whole group’s native title and engagement with the broader group can be critical to the negotiation process.  Group engagement may utilise a number of strategies, the strategies will depend upon the particular needs of each group.

The negotiation team’s role in implementing the agreement: The transition from a negotiation to agreement implementation will require transference of skills and knowledge from the negotiation team to those implementing the agreement.  Strategies and experience of the transition are explored.

Kirstin Isaacs has worked with a number of negotiation teams and designed strategies for community engagement in a broad range of areas.  Her experience in the negotiation of native title agreements spans ten years and includes working for native title representative bodies as a legal adviser and as a senior negotiator for a state government.  Kirstin’s experience in the design of community engagement strategies commenced with a position as a community legal education worker, was furthered during her employment with the social impact assessment unit in the Queensland government and consolidated in her work in native title.

Tina Jowett

Recent developments in connection thresholds

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).

Marcia Langton

Native title, agreement negotiations and rent-seeking

The two concepts of financial compensation for impacts and 'rent-seeking' are often elided and the concepts used inappropriately in Australia, such as when it is applied to Aboriginal proponents of negotiated financial benefits in mining agreements. It is important then to understand the concept of 'rent-seeking' as it is most often used in development economics. In this paper, we discuss the revelevant literature, some misconceptions and the social aspects of behaviour that have been labelled as 'rent-seeking' in the context of the debate about the status of financial compensation to native title groups from agreements with resource extraction companies.

Professor Marcia Langton is the Inaugural Chair of Australian Indigenous Studies at the University of Melbourne. She is also a Chief Investigator with the research project on Agreements, Treaties and Negotiated Settlements.

Steve Larkin

Steve Larkin a Kungarakany man from Darwin, Steve Larkin has been the Principal of AIATSIS since June 2004. Prior to this, Mr Larkin acted as Principal for nine months and was Deputy Principal for two and a half years. Mr Larkin has also been Adjunct Associate Professor in Indigenous Health at James Cook University since 2002, and maintains both an ongoing personal and professional interest/involvement in Indigenous Australian health. He spent more than 17 years working in health and community development programs in urban, rural and remote Aboriginal communities throughout the NT. Mr Larkin’s previous positions include National Aboriginal Health Adviser to the Australian Medical Association, inaugural CEO of the Secretariat of the National Aboriginal Community Controlled Health Organisation (NACCHO), Assistant Secretary in the Commonwealth Office of Aboriginal and Torres Strait Islander Health (OATSIH), and a short stint managing the national Indigenous Employment Program within the Department of Employment, Workplace Relations and Small Business. 

Craig Lubich

Introduction to investment for native title groups

Successful claimants still have a number of difficult financial issues to resolve.  Not least of these is how to effectively invest the capital for the long term benefit of the traditional land owners and their descendants.  There are myriad investment alternatives with a confusing and conflicting range of philosophies, implementation techniques and risks!  How do you choose the right one?

Successful investing means not only capturing risks that generate expected return but reducing risks that do not.  Avoidable risks include holding too few securities, betting on companies or industries, following market predictions, and speculating on “information” from rating services.  To all these, diversification is the antidote.  It washes away the random fortunes of individual stocks and positions in an investor’s portfolio to capture returns of broad economic forces.

Traditional managers do one of two things: Active managers focus on picking individual stocks, the antithesis of diversification; index managers hold many securities but mimic arbitrary benchmarks.

Plan B chooses a different path.  It structures strategies based on scientific evidence rather than on commercial indices. Our portfolios diversify not only in the amount of securities they hold (thousands) but in the range of capital market strategies developed.  Small cap strategies target smaller stocks more consistently. Value strategies target value returns with greater focus.  As a result investors achieve more consistent portfolio structure and returns are achieved with lower risk.

Craig Lubich is a director and co-founder of Plan B Financial Services Ltd. A Certified Financial Planner™ and the most senior member of the Plan B Adviser Team, Craig is responsible for the overall design and development of the Corporate and Private Client Advisory Services currently offered by Plan B. Driven by a passion for helping others achieve their objectives and with almost twenty years experience in the financial services industry, Craig's areas of expertise include financial strategy analysis and portfolio implementation.

Bonita Mabo

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.

Jim McNamara, Alfred Lacey Mayor, Ian Kuch, Kym Elston and Warren Mundine

99 year leases on Aboriginal Land – not the Northern Territory model

Jim McNamara is the Executive Director, Indigenous Services, Queensland Department of Natural Resources and Water, a position he has held for about 8 years.  His office is responsible for Queensland government Indigenous land access policy; the management of native title claims on behalf of the State; the whole of government processes for compliance with the Native Title Act; the progress of land transfers under State land rights legislation; the State framework for improved access to land and participation in natural resource management; and, the implementation of the State cultural heritage regime.  Jim has worked in policy and legal areas of the Queensland government concerning Indigenous land issues since 1993.  In 1999 he worked for the Ministry of Justice, British Columbia on Treaty negotiations. 

Alf Lacey is an Ewaiman traditional owner from the Georgetown Country in North Queensland on his grandmother’s side and Gaarrwa on his grandfathers side Western Queensland near Doomadgee Northern Territory border.Alf done his schooling on Palm and then went to boarding school on the mainland.  Alf’s first job was on Palm, entered the workforce while seventeen years of age.   Most of his working life has been on Palm and on the mainland, Alf worked for the Department of Aboriginal Affairs as a Settlement worker; he also worked at the Bwgcolman Community School. 

Alf enjoys his life on Palm, one of the most important things in Alf’s life, he spent sometime in Darwin during the early 90’s this saw him travel the world to such places as Canada to meet with the Cree Indians and a lot of Indian Tribes from that area.  Alf spent sometime in the Philippines talking about Indigenous issues that affect all Aboriginal people at home.  Alf also did a stint at Geneva the UN Special Sitting on Indigenous Peoples, which gave Alf a broader understanding on issues that effect Aboriginal people across the world. 

From that, Alf had returned to Palm Island in 1993 and was elected as the ATSIC Regional Council member for the Townsville Regional Council which included Palm.  Alf served a Consecutive three terms until ATSIC was abolished.  Whilst on ATSIC Alf managed to rub shoulders with some of the best Black Politicians in the Country.  Also in 1994, Alf was also elected as the Mayor of Palm Island and served the full term, after that term Alf was reelected as the Deputy Mayor of the Council and just recently Alf ran a team in the 2008 Local Government Election which was called Palm United, the results of those elections saw the majority of his team elected.  This exercise was not done on Palm before, so his team has created history in Palm Local Politics.

The other things Alf enjoys is quality family times, a very community orientated person have been involved in local organisations such as, currently President of the Palm Island Men’s Business Group, Board Member Ferdy’s Haven, Catholic Diocese Aboriginal Advisory Council Member, elected Mayor Palm Island Aboriginal Shire Council other things Alf enjoys reading, fishing, watching sports from time to time, talking with other communities about their Community issues, traditional dancing Alf gets involved.

In closing Alf believes the Political environment from Aboriginal Affairs at the moment is probably one of the most interesting times in the life of a lot of Aboriginal communities Nationally, we hope that while there are moves for change to better our current status, that we don’t lose our Identity with all this change. 

Ian Kuch has had over 20 years experience working in Aboriginal communities in North Queensland from the Gulf to the Cape and to the Yarrabah Community near Cairns.  He has a solid track record of success in achieving goals on a  broad range of policy areas affecting Aboriginal people.

Ian has been CEO of a number of successful aboriginal business organisations as well as a former CEO of the North Queensland Land Council.  Since Leaving the North Queensland Land Council in 2005, Ian has been employed as Governance Change Manager for the Yarrabah Aboriginal Shire Council.  Ian has recently been appointed ‘Transition Manager’ at the NQLC to oversee the realignment of the NQLC’s boundary to include the current Central Queensland Land Council Region.

Kym Elston is deputy Principal Legal Officer of the NQLC.

Warren Mundine is the Chief Executive Officer of NTSCORP Ltd., and an advocate for lifting Indigenous people out of poverty and building a strong Indigenous economy.

Warren is also a member of the Australian Institute of Management, the Australian Institute of Company Directors, the Chair of NSW Labor’s Indigenous Policy Committee, a member of IAG’s Expert Community Advisors Committee, Executive Member of the National Native Title Council, Executive member of the St. Joseph’s College Indigenous Fund, Southern Cross University Foundation and a Board member of NAISDA.

Warren is the former National President of Australian Labor Party, Deputy Mayor of Dubbo and former Chair of NSW Country Labor. He also is and had previously served on the NSW PCYC State Board, as President of the NSW Local Government Aboriginal Network, as an Executive member of the Local Government Association of NSW, as a commissioner with the NSW Local Government Grants Commission and a former member of the NSW Attorney General’s Juvenile Crime Prevention Committee.

Kent McNeil

Recent developments in the Canadian law of Aboriginal title

In November, 2007, Justice Vickers of the British Columbia Supreme Court delivered his judgment in Tsilhqot’in Nation v. British Columbia.  This is the most significant Indigenous land rights case to be decided in Canada since the Supreme Court of Canada’s decision in Delgamuukw v. British Columbia in 1997.  In a 450-page judgment, Justice Vickers dealt with proof and content of Aboriginal title and other Aboriginal rights, extinguishment, infringement, third party interests, reconciliation, and other matters.

In this presentation, I will start by giving an overview of the Tsilhqot’in Nation decision.  I will then focus on the issue of reconciliation, in particular where third party interests are involved.  Included in this will be a discussion of compensation and other remedies for the wrongful taking of Aboriginal title lands.  The relevance of the UN Declaration on the Rights of Indigenous Peoples will also be discussed in relation to these matters.  I hope to provide an international perspective on these matters that will be of assistance to Indigenous peoples who confront equivalent issues in Australia.

Kent McNeil is a professor at Osgoode Hall Law School in Toronto, Canada, where he has taught since 1987.  He is the author of numerous works on the rights of Indigenous peoples, including two books: Common Law Aboriginal Title (1989) and Emerging Justice? Essays on Indigenous Rights in Canada and Australia (2001).  He has advised Indigenous groups in Canada on a variety of issues, including land rights, self-government, and constitutional matters.

Albert Mosby, Dimas Toby, Herbert Warusam, Pastor Jack Billy and Cyril Manas

Native title in the Torres Strait - managing and dealing with the issues

Albert Mosby is the Deputy Chairperson of the Masigalgal (TSI) Corporation, which is the PBC for  Masig (Yorke), Umaga (Keats), Igaba (Marsden), Mauar (Rennel) and Bak (Bourke) Islands, Damuth (Dalrymple) Island native title area of the Torres Strait.

Dimas Toby is the Public Officer of Malu Kiai (TSI) Corporation, which is the PBC for Boigu, Moimi, Aubussi and surrounding Islands native title area of the Torres Strait. 

Herbert Warusam is the Chairperson of the Saibai Mura Buway (TSI) Corporation, which is the PBC for the Saibai, Mawalmay Thoera, Thawpay Kawamag and Kuykuthal Kawamag Islands native title area of the Torres Strait.  

Pastor Jack Billy is the Chairperson of the Porumalgal (TSI) Corporation, which is the PBC for Poruma (Coconut Island), in Torres Strait.

Cyril Manas is the Chairperson of the Mualgal (TSI) Corporation, which is the PBC for Moa Island, in the Torres Strait. 

Michael Neal

Native Title and National Parks – Queensland style

Djabugay was the first determination of native title over a national park in Queensland, in 2004. It did not include an agreement for joint management, despite:

1. many years of negotiations, and
2. proposals from Djabugay to apply the principles in Queensland’s Nature Conservation Act.

Since the Djabugay determination, progress towards joint management of national parks in Queensland has slowly been made.

The presentation will complement the Djabugay presentation, and briefly discuss:

• relevant principles of Queensland’s Nature Conservation Act,
• aspects of the Djabugay native title determination,
• recent developments in Queensland including the Cape York Peninsula Heritage Act 2007, and
• standards of joint management reached in other areas of Australia, and (yet again) ask why Queensland is so different to the rest of the country.

Michael Neal is a partner of P & E Law, which specialises in planning, environment and native title law. Michael worked at the NLC and in the Northern Territory for 10 years from 1985, including on Kakadu, Nitmiluk and Gurig national park joint management issues, and in many mining negotiations. He then set up the legal section of CYLC, and was the lawyer for the claimants in most of the land claims over Queensland national parks.  Among other recent work, Michael represented Djabugay People in their native title determination over the Barron Gorge National Park, and was the lawyer for the traditional owners in the Argyle Diamond Mine ILUA.

Graeme Neate

Achieving real outcomes from native title claims: meeting the challenges head on

The President of the National Native Title Tribunal, Graeme Neate, will provide a frank analysis of the current state of the native title system and offer some options for the future. Most of the native title claims that have been finalised so far have been relatively straightforward to resolve.  Now that those claims are complete, parties face the challenge of finding ways to progress the remaining, more complex claims so that at least some applicants see results in their lifetime. Graeme Neate will explore a number of ways to move forward, including looking outside usual practice and developing innovative alternatives to settling native title issues.  This could include more creative and corporative approaches between the levels of government, and other parties and marrying what claimants want to achieve with the best fit settlement options. 

Graeme Neate has been President of the National Native Title Tribunal since 1999. Mr Neate was a part-time member of the Tribunal from 1995 before becoming 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 and 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. 

Dan O’Dea

Land Access and Native Title

The object of the Native Title Act is to provide for the recognition and protection of native title and to establish ways in which future dealings affecting native title may proceed and set standards for those dealings. 

National Native Title Tribunal member Dan O’Dea will discuss ways to reach the objective within the Right to Negotiate provisions of the Native Title Act, and particularly good faith. 

Dan O'Dea has been a full-time member of the National Native Title Tribunal since December 2002. Prior to his appointment to the Tribunal, Mr O'Dea was the Principal Legal Officer of the native title unit in the Ngaanyatjarra Council since 1996. At the Council he represented Indigenous people of the Central Desert in native title applications and negotiations. Before 1995 he worked as a commercial litigator in Western Australia. In 2007 Mr O'Dea was reappointed for a further five years.  

Slim Parker, Bill Hart and Janina Gawler

The Marnda Mia CNC Pty Ltd: Building Aboriginal Prosperity and Regional Capacity in the Pilbara

This paper explores the establishment of a regional body for Traditional Owner interests in the Pilbara, the Marnda Mia CNC Pty Ltd. Auspiced initially by the Pilbara’s regional native title representative body (PNTS), Marnda Mia Central Negotiating Committee formed a partnership with Rio Tinto Iron Ore to build intergenerational prosperity for Aboriginal people of the Pilbara. Traditional Owners of the Pilbara requested Rio Tinto Iron Ore’s assistance in establishing an independent company which could build prosperity and allow them to maintain their traditions for future generations. Following extensive consultations, Marnda Mia CNC Pty Ltd was established in 2007 to represent the regional interests of Pilbara Traditional Owners impacted by Rio Tinto Iron Ore’s operations. This new institution is directly assisting in negotiating a regional framework agreement with PNTS and Rio Tinto Iron Ore on education and training, employment, business development, cultural heritage and environmental land management standards. More than just a mechanism for implementing the regional framework agreement between Rio Tinto Iron Ore and Traditional Owners, Marnda Mia CNC is a registered independent company through which Traditional Owner groups can pool their knowledge and experience, leverage their ability to develop regional partnerships with companies and government, and engage in commercial enterprise. It also provides industry and government with a mechanism for dealing transparently and openly with all Traditional Owner groups across the region, rather than adopt a protracted, piecemeal approach to engagement. 

Slim Parker is the Chairperson of the Marnda Mia CNC Pty Ltd and a Traditional Owner of the Martu Idja Banyjima (MIB). He is a well regarded leader and Elder in the region and has been chairperson of Karijini Corporation for many years. Slim has been a long term activist in the Pilbara region seeking to ensure recognition and respect for his people. He has been at the forefront of challenging mining companies since the Marandoo mine in the Pilbara in the early 1990s. 

Bill Hart is General Manager Communities at Rio Tinto Iron Ore. Bill has been involved in managing the agreements with the Traditional Owners of the Pilbara since 2006. He has been with the Rio Tinto Group since 2000 and has a long association with the resource industry. 

Janina Gawler is the Principal Consultant at Cooperative Change, a company which specialises in facilitating regional development and Aboriginal partnerships. Janina has a long history of working with Aboriginal people and has established a consultancy which works with corporations, government and Indigenous communities to build long term relationships and ensure improved outcomes for Indigenous people across Australia. 

Margaret Raven

Native title, policy development and sustainability

Policy development by government agencies and industry are often done in the absence of adequate consultation with Indigenous peoples. These policies tend to be at odds with the visions and aspirations of Indigenous peoples and Indigenous sustainability. Native title, and the structures and processes it bore, was initially conceived to allow legal recognition of ‘native title rights.’ However, as increasing numbers of native title claims are resolved, Australia will begin to enter a post-native title phase, and uncertainty over Indigenous peoples’ connection to country will decline. In the current absence of sound processes and structures for Indigenous consultation on policy development and sustainability, the existing native title system offers some opportunities for Indigenous peoples to gain access to government and industry policy development. This paper explores the role of the existing native title system in wider policy development and sustainability agendas. 

Margaret Raven is Senior Policy Officer at Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation (YMBBMAC). Before joining YMBBMAC in early 2007, Margaret worked full-time on a PhD with Murdoch University and Desert Knowledge Cooperative Research Centre. Her research has focused on organisational recognition of Indigenous rights to knowledge. Through her research she has worked with the United Nations University-Institute of Advanced Studies, and been involved in international negotiations through the United Nations Convention on Biological Diversity, and the World Intellectual Property Organization (WIPO). Margaret has worked for the Department of Indigenous Affairs, and has a Bachelor of Science (Honors) with a Major in Geography. She hopes to complete her PhD before the end of the year. 

Eric Ripper

The Hon Eric S Ripper is Deputy Premier; Treasurer; Minister for State Development and carries responsibility for native title.   Eric Ripper has been Western Australia's Deputy Premier and Treasurer since the State Labor Government was first elected in February 2001. Eric is also Minister for State Development. The Treasurer is responsible for delivering Western Australia's $19billion a year State Budget; preserving the State's AAA credit rating; and overseeing the Government's economic reform agenda. As State Development Minister, Eric has responsibility for facilitating and coordinating the State's major resources projects. Eric is also responsible, with his native title portfolio, for delivering recognition of traditional rights to Western Australia's Indigenous people. He was elected to the Western Australian State Parliament in 1988 and previous Ministerial portfolios have included: Minister for Government Enterprises; Minister for Energy; Minister for Community Services; and Minister for Disability Services. Born in 1951, Eric was raised on a wheat and sheep farm at Nyabing in the Great Southern and educated at Nyabing Primary School, Churchlands Senior High School and the University of Western Australia, graduating with a Bachelor of Arts and a Diploma of Education. Eric lives in his electorate of Belmont and has two adult children. 

Paul Rosair and David Collard

Department of Water –Indigenous Engagement and Capacity Building in water resource management.

The Department of Water have initiated several projects that provides a useful case study on the Indigenous Engagement and Capacity Building in water resource management and the department’s response to Native Title determinations. The learning’s from these experiences will be presented in terms of the past and present with some perspectives on the future.

The Department of Water established the Indigenous Support Unit in 2005 and started to develop new initiatives to assist the department to engage the Indigenous community across the state. The ISU also provided advice in how the department could assist with capacity building and several new projects started to flow from this two-fold approach.

Under engagement the department started to train all of it’s staff in Aboriginal cross cultural awareness training, almost 70% of a 600 FTE organisation have completed the training. The department also commenced consultation with Native Title Working Groups under the South West Aboriginal land and Sea Council in water planning. Several workshops were conducted with the NT Working Groups to identify and discuss the issues of the Indigenous community in the south-west region of Western Australia. This process allowed the NT Traditional Owners to have an input into the department’s regional plan for the south west region.

The department is also responding to certain determination’s and is trying to engage the NT Traditional Owners in managing the vast number of water reserves vested in the department across the state. The development of a Management Plan for a reserve located near Lake Argyle has seen the establishment of a Joint Management Committee between the Miriuwung Gajerrong people near Kununurra. 

Paul Rosair is the Director of Water Resource Business Operations in charge of regional operations in the Department of Water. Paul graduated in Business Computing from Curtin University with additional qualifications in hydrography and has more than thirty years experience in the water industry, primarily on water resource management.  

David Collard is the Indigenous Affairs Coordinator employed in the Indigenous Support Unit attached to the Business Operations division. David graduated in Social Sciences from the Curtin University of WA and has more than twenty years experience in the Indigenous Affairs arena. 

Rocky Sainty and Melissa George 

National caring for country strategy: Black hands on the steering wheel 

Rocky Sainty is an Indigenous Land Management Facilitator for Tasmania, ATSIC Regional councillor, and previously Chair of Tasman. 

Melissa George has a background in Archaeology and Protected Area Management studying part time for five years at James Cook University and the University of Queensland.  She has been actively involved in the protection and management of land and sea through community natural resource management projects and liaising with and advising State and Commonwealth government.  She is actively involved with cultural heritage surveys, property planning and on ground NRM activities including weed management and revegetation.   

Don Sanders

Indigenous Australians in the upstream oil and gas industry

The oil and gas industry is finding the urgent need for skilled personnel in its operations both onshore and offshore. Wherever possible the industry is partnering with communities to provide a training and employment opportunity for Indigenous Australians. The industry has also found the shift from conventional native title negotiations to arrangements where indigenous training and employment are becoming common in native title agreements. Such arrangements can provide longer-term of certainty for indigenous communities through both direct and indirect employment. 

At the end of 2007, the Australian Petroleum Production and Exploration Association (APPEA)and its member companies received Australian Government support, through the National Skills Shortages Strategy (NSSS), for a range of practical initiatives designed to increase VET participation and to particularly broaden employment opportunities for groups currently under-represented in the oil and gas sector, including:

• the development of specific pilot programs for Indigenous Australians to increase entry opportunities into the oil and gas industry in Western Australia, South Australia and the Northern Territory, and 
• ensuring that preparatory programs targeting adult Indigenous Australians in the Pilbara and Kimberley regions of Western Australia are in place.

Don Sanders, returned to WA in 1983 as a career advisor operating in secondary schools, district and central office, after working in the UK between 1969 and 1982 in a range of industry settings. Don.  

won a twelve month secondment to Woodside in 1994 to evaluate the Northwest Shelf Project’s curriculum materials, and to integrate the petroleum industry awareness Schools Information Program (SIP) into the school curriculum.  Following a further stint with the WA Education Department, he accepted the position as national education manager with the Australian Petroleum Production and Exploration Association (APPEA) where he was responsible for directing industry awareness programs and providing curriculum support materials in all states and territories. Don is currently the APPEA Director for the NT, People and Security.  He has a Master of Education (Career Education) and is a life member of both the Petroleum Club of WA and the WA Career Education Association. He is also a member of PESA, SPE and AIE.

Tom Smith

Community natural resource and cultural heritage management planning

This presentation will inform of the new Australian Government Caring for our Country natural resource management program by the Department of Environment, Water, Heritage and Arts. The program has six priority areas: national reserve system; biodiversity and natural icons; coastal environments and critical aquatic habitats; sustainable farm practices; natural resource management in remote and northern Australia; and community skills, knowledge and engagement. The program includes funds to implement election commitments to: rescue the Great Barrier Reef; repair our fragile coastal ecosystems; save the endangered Tasmanian Devil; improve water quality in the Gippsland Lakes; fight the Cane Toad menace;

employ additional Indigenous Rangers; expand the Indigenous Protected Area network; and assist Indigenous Australians enter the carbon trading market. A strategic approach to supporting Indigenous communities to access these programs is for Communities to develop their community Natural Resource and Cultural Heritage Management Plans The presentation will cover a guide to getting support to develop the plan, a framework to consider issues which need to be covered in the plan and implementation of the completed plan.

The development of the plans will involve community participation, community ownership. The plans will provide agreed direction for community and establish partnerships with other essential stakeholders. The implementation of the Plans will take strong Leadership and commitment to make it reality to achieve desired aspirations. Today, funding proposals require evidence of such natural resource and cultural heritage management plans to show community support , how the particular project fits to wider community aspirations, and appropriate governance for the project. 

Tom Smith comes from Cowra in the Wiradjuri Tribal area of NSW. Tom is the Coordinator of a national project-“Indigenous participation in natural resource management” within the Commonwealth Department of Environment,Water,Heritage and Arts (4years). He was previously employed as Manager of the Aboriginal Land Rights Unit within the NSW Aboriginal Land Council (6 years). Tom also has a Diploma of Teaching and a Bachelor of Education Degree. 

Roy Stone, Johnny Hopiga and Dean Mathews

La Grange groundwater – native title and Indigenous engagement in water planning.

The La Grange groundwater allocation planning process provides a useful case study on native title and Indigenous engagement in water resource planning. The La Grange groundwater area, south of Broome, was the subject of a large scale irrigation proposal in 1998 to grow cotton. There was considerable local opposition to the proposal, particularly from Traditional Owners. A water allocation planning process was initiated by the Department of Water to engage with the key stakeholders as part of its assessment of the irrigation proposal. Most of the groundwater area was covered by the Karajarri native title claim and the cotton growing proposal as well as the water planning became inextricably linked with the native title determination process. The presentation will outline the nature of the indigenous engagement in water planning. This will cover the specific consultation arrangements and the investigation work to identify the indigenous cultural values in conjunction with the environmental values of groundwater dependant features. The influence of the native title determination process on the cotton proposal and the water planning will be outlined. 

The present situation with regard to finalisation of the La Grange groundwater management plan will be outlined. The Karajarri native title consent determination in relation to native title rights to water will be discussed. Based on these learnings from the past and present, future perspectives on indigenous access to water and engagement in water management will be discussed.  

Johnny Hopiga is a Karajarri man and Head Ranger of the Karajarri Rangers. He has an outstation on country and teaches kids Karajarri law. Johnny is also a committee member of the Karajarri Traditional Lands Association.

Dean Mathews is an Indigenous Natural Resource Management Officer in the Kimberley Region of the Department of Water. Dean was responsible for the development of an indigenous translation DVD on water allocation planning and licencing in the La Grange groundwater area.  

Roy Stone is the Program Manager in charge of regional water planning in the Department of Water. Roy graduated in Civil Engineering from the University of WA and has more than thirty years experience in the water industry, primarily on water resource planning.  

Lisa Strelein

The Year in Review

The Year in Review is an annual feature of the Native Title Conference.  In a year dominated by the outcomes of a series of important full Federal Court decisions, some of the significant outcomes achieved on the ground may have gone unnoticed.  This presentation provides an opportunity to reflect on the achievements over the last twelve months, the key determinations and agreements reached.

Dr Lisa Strelein is the Director of the Research programs 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.

Austin Sweeney

Practical and strategic considerations in setting up and running an effective PBC

There are many challenges facing native title holders and NTRBs in setting up and running an effective PBC.  This paper looks at some of those challenges from the perspective of both the NTRB/NTSP, and the PBC and the native title holders it represents.  Native title holders and their NTRB/NTSP need to consider a number of strategic and practical issues as well as matters of detail when setting up a PBC. There are also significant challenges to be addressed in the early years of a PBC's operation if it is to realise the aspirations of native title holders. For most new and existing PBCs there is the ongoing challenge of becoming and remaining effective in carrying out their functions in a difficult environment of limited capacity, funding and resources.  There is also the challenge of making the transition to operate under the Corporations (Aboriginal and Torres Strait Islander) Act and amendments to the Native Title Act and the Native Title (PBC) Regulations.  This paper looks at some practical ways in which these various challenges might be addressed by PBCs and NTRBs/NTSPs.

Austin Sweeney is a lawyer and mediator who has practised in the area of land rights and native title for over 15 years.  As a legal officer for the Central Land Council he worked on a number of land rights and native title claims in the Northern Territory.  In more recent years Austin has been working with native title holders to develop their capacity to manage their PBCs, resolve disputes, and negotiate native title agreements. He is currently working with native title holders and related organisations around the country on these issues.

Fred Tanner

Indigenous access to water and the National Water Initiative

Governments across Australia are in the early stages of formally recognising Aboriginal relationships with water for spiritual, cultural and economic purposes. In the recent past government action has primarily focussed on informal partnerships with Aboriginal groups to gain Aboriginal perspectives on water governance arrangements. Often this has included targeted consultation with peak Aboriginal bodies. There is a growing awareness that current water governance arrangements in Australia are not providing sufficient access to water to meet Aboriginal people’s spiritual, cultural and economic requirements. This is reflected in the National Water Initiative Inter-governmental Agreement (NWI). The NWI Agreement demonstrates a commitment by all states and territories to ‘[include] indigenous representation in water planning’, ‘incorporate indigenous social, spiritual and customary objectives and strategies’ and ‘take account of the possible existence of native title rights to water’. This has provided impetus for states and territories to reassess the way in which, through policy, legislation and programs, they provide for Aboriginal access to water. This paper summarises findings on a scoping study of policy and legislation, undertaken to assess Aboriginal access to water, International case studies have also been investigated.

Fred Tanner is of Arabunna descent and was born in Port Augusta in South Australia. In early 1986, he moved to Adelaide to study fulltime, completing an Associate Diploma in Community Administration and a bachelor degrees in Arts and Law. Fred practiced as criminal lawyer with the Legal Aid Commission of South Australia before moving to the Aboriginal Legal Rights Movements Native Title Unit to practice native title and Aboriginal heritage law until 2002. Since then he has worked in the South Australian Public Service in a variety of policy roles. During this period Fred has been a member on the Law Society of SA’s Aboriginal Issues and Human Rights committees and Law Council of Australian Indigenous Advisory Committee. In 2003, the Minister responsible to the Arid Areas Water Management Catchment Board and the subsequent South Australian Arid Lands Natural Resources Management Board appointed Fred as a member. He has also served as a member of the State-wide Aboriginal Advisory Committee to the South Australian Natural Resources Council. His current role with the Department of Water, Land and Biodiversity Conservation involves the National Water Initiative, particularly the implementation of the paragraphs 52 to 54 – Indigenous Access.

Jessica Weir

Native title and water: political/legal transformations in their ecological context

Recent water laws and policies have separated water from land, and water has been privatised so it can be traded in water markets. As new forms of water property are identified, different lobby groups make rights arguments to gain water entitlements. Everybody has rights hanging in the balance at water negotiation tables, and Indigenous peoples’ draw on their native title rights, and justice and equity principles, to make arguments about their rights to water. However, the destruction of fresh water ecologies makes rights arguments between humans an irrelevancy.  In this talk I describe how we need to resituate these debates within their ecological relationships.

Dr Jessica Weir is a Visiting Research Fellow in the Native Title Research Unit at AIATSIS.  Jessica is a geographer whose research focuses on ecological and social issues in Australia, particularly water and ecological devastation. Jessica is a member of the Ecological Humanities, a group of people who foster research that traverses the great divides between the sciences and the humanities, including theories, research and methodologies on the artificial separation of nature/culture. Jessica has ten years experience working in native title research, and has also worked in the non-government sector with local communities on environment and livelihood issues in Bangladesh and Thailand. 

Murray Wilcox, Ron Merkel and Mick Dodson

Judicial reflections on the state of native title law

This expert panel will be asked to share their views on the current state of native title law. 

Murray Wilcox served as a judge of the Federal Court of Australia, since 1984. He also served as a Judge of the Supreme Court of the Australian Capital Territory and the Supreme Court of Norfolk Island. Wilcox was also Chief Justice of the Industrial Relations Court of Australia.

Wilcox was the Acting Chairman of the Australian Law Reform Commission 1984-85, and served as Commissioner between 1984-89 and 1976-79. He was the Foundation President of the Environmental Law Association NSW (1981) and President of the Australian Conservation Foundation from 1979-84. From 1974-76 his Honour was a Member of the Australian Advisory Committee on the Environment. 

Wilcox retired from the Federal Court in October 2006. His final decision was the interim judgment in the Single Noongar case.  Wilcox presided over many other historic cases including the dispute between the Maritime Union of Australia and Patrick Stevedores.

Ron Merkel has returned to practice at the Victorian Bar after ten years as a Judge at the Federal Court of Australia. He intends to primarily focus on public interest and indigenous matters, but will also be available to act in complex matters either as counsel, mediator or arbitrator. Merkel was admitted to practice in 1964 and has since been admitted in several Australian jurisdictions and in the Pacific.

Professor Mick Dodson is the Chairperson of AIATSIS and is a prominent advocate on issues affecting Australian Aboriginal and Torres Strait Islander peoples as well as other Indigenous peoples around the world. He was Australia’s first Aboriginal and Torres Strait Islander Social Justice Commissioner with the Human Rights and Equal Opportunity Commission. He is currently the Director of the National Centre for Indigenous Studies at the Australian National University, the Special Rapporteur for the United Nations Permanent Forum on Indigenous Issues, and a Director of Dodson, Bauman and Associates Pty Ltd, legal and anthropological consultants. He holds a Bachelor of Jurisprudence and a Bachelor of Laws from Monash University, an honorary Doctorate of Letters from the University of Technology and an honorary Doctorate of Laws from the University of New South Wales.

Ted Wilkes

Introductory remarks: reinvigorating transition zones for Noongar youth

Associate Professor Wilkes is a Nyungar man from Western Australia whose professional background includes working for the Western Australia Museum, the Centre for Aboriginal Studies at Curtin University of Technology, and sixteen years as the Director of the Derbarl Yerrigan Health Service. He is currently employed in the Indigenous Research Program at the National Drug Research Institute, Curtin University of Technology. Professor Wilkes is a member of the Australian National Council on Drugs and is the Chair of the National Indigenous Drug and Alcohol Council and he provides advice and expertise to various other state, national and international committees. As an Aboriginal leader, Professor Wilkes has endeavoured to facilitate positive health and social outcomes, for the Aboriginal community, as well as the community generally.

Joe Williams

The Mabo Lecture

Chief Judge Williams was appointed Chief Judge, Mäori Land Court in December 1999.  He is also the Chairperson of the Waitangi Tribunal.  He completed an LLB at Victoria University in Wellington in 1985.  He was a junior lecturer in law at Victoria University in Wellington from 1986-1987, before gaining a Masters degree with first class honours in indigenous rights law at the University of British Columbia in Vancouver in 1988.  He returned to New Zealand and in 1994, he co-founded Walters Williams and Co.  He specialised in litigation in areas of resource management and environmental law, Mäori issues and Treaty of Waitangi claims, Mäori land law, all areas of administrative and public law.  In 1999 he was awarded the Mäori Students Millennium Prize as a former student of Victoria University of Wellington.  In 2001 he was appointed Fellow of Victoria University of Wellington Law Faculty.

Phillip Williams

Native title charitable trust funds

Aboriginal and Torres Strait Islander people throughout Australia are receiving compensation as their rights to land are being recognised. For many groups finding the most effective way to manage the communities assets can be a great challenge. One way of managing these assets is to establish a charitable trust, this is a particularly good model if the group intends to address things such as health, education and the promotion and protection of their culture. Plan B Trustees limited has been managing a number of charitable trusts on behalf of multiple claimat groups since 2001. It is this experience that has led our organisation to be in the position it is today. The presentation will include an overview of the manner in which our company has evolved in relation to managing charitable trusts and the latest development in this evolutionary process. 

Phillip Williams is the Head of Native Title Trusts with Plan B Trustees Limited.  Phillip specialises in administering trust funds for the management of compensation payments resulting from native title claims. Phillip has a Certificate in Small Business Management, Diploma of Business Management, Graduate Certificate in Indigenous Studies form Curtin University and is currently undertaking a Bachelor of Commerce. He has also completed an Introductory Proficiency Certificate from the Executor and Trustee Institute.  Phillip has worked with the law firm Freehill Holingdale and Page followed by two years with the Australian Securities and Investments Commission. In 2000 he commenced work with Plan B Trustees Limited where he is currently. 

David Worth

The impact of ‘peak oil’ on Indigenous economic development aspirations

Nearly all of the debate about rising petrol prices in Australia has been focused on the effects on the large proportion of Australians that live in urban areas. However, there has already been a serious impact on the many Indigenous Australians living in remote communities due to higher fuel prices. Nearly all of these small communities in WA, and throughout Central and Northern Australia, use diesel fuel for their power supply, as well as for transport. Electricity generated by diesel fuel is almost universal in these communities.

For many communities, electric power is the key component to their sustainability as they manage their native title rights and try to maintain their culture on their traditional lands. Additionally, many of these communities have developed future economic plans based around cheap fuels, eg tourism. This paper analyses the future challenges of building viable and sustainable communities in remote Australia in the face of even higher future world oil prices due to ‘peak oil’.

Dr David Worth completed his PhD in sociology at Murdoch University, Western Australia, and is presently employed in the Research Unit at the National Native Title Tribunal. His first degree was in aeronautical engineering and he has also completed a MBA. For the past 25 years he has worked in a voluntary capacity in various roles for many social change organisations in both Western Australia and the eastern States. He has undertaken detailed research over the past 5 years into the decline in world oil production and its impact on Indigenous communities in Australia and Canada.

David Yarrow

Does native title compensation have a future? Comparing Australian and international Indigenous rights and title compensation

The law of native title compensation is everywhere and nowhere. Negotiated agreements, including indigenous land use agreements, almost invariably deal with compensation in one form or another. Consent determinations are often underpinned by agreements that limit or waive the compensation liability. But no one has a firm grip on the actual quantum of compensation involved in these transactions. This lack of understanding, on all sides of native title litigation, has 3 causes:

1. uncertainty about what acts are compensable, particularly when done prior to the recognition of native title in Mabo [No2];
2. uncertainty about the methodology for quantifying compensation for acts that are compensable;
3. uncertainty about the date at which the obligation to pay compensation crystallizes, with difficulties that flow from that including uncertain validity and uncertain quantum.

This paper will consider the law of Canada and the United States, and how those jurisdictions have responded to the problem of valuing the compensable impairment or extinguishment of Indigenous rights and title. It will also describe how most existing valuation methodologies, based as they are on the compulsory purchase model of the Land Clauses Consolidation Act 1845 (UK), are inapt for direct application to the valuation of native title compensation.

David Yarrow is a member of the Queensland Bar. Before moving to the Bar, he was a lecturer at the Monash University Faculty of Law where he taught property, equity and trusts law.

Indigenous Talking Circles

Native title and the new government

Facilitator: Mick Dodson

This Indigenous Talking Circle will consider the new policy environment for native title that may emerge under the new Labor government.  In particular, delegates will be invited to discuss the Attorney General’s call for greater emphasis on reaching agreement and reducing emphasis on connection reports, and to provide direction to all governments on how the native title system could be improved.

Passing on knowledge: keeping law strong

Discussion leaders: Johnny Hopiga & Shirley Spratt

This Indigenous Talking Circle will focus on the transmission of law and knowledge to young people as an integral part of sustaining the systems of law that give rise to native title.

Distribution and management of benefits from native title

Facilitator: TBC

This Indigenous Talking circle will provide a unique opportunity for Indigenous people from around the country to share ideas, problems and solutions to the sometimes difficult decisions about the use, management and distribution of benefits from native title agreements and settlements.

National caring for country strategy: Black hands on the steering wheel

Discussion leaders: Melissa George, Joe Morrison, Chrissy Grant & Rocky Sainty

The Indigenous Advisory Committee (IAC) advises the Minister for the Environment, Heritage and the Arts on the operation of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) taking into account the significance of Indigenous people’s knowledge.  The IAC is now championing the development of a National Caring for Country Strategy.  The strategy’s purpose is to outline Indigenous aspirations and interests in land and sea management, including those that relate to broader health, economic development and social issues.   In this Indigenous talking circle IAC members would like to engage delegates in a discussion about the proposed strategy - including, what it could achieve, what it should contain, and how it should be implemented.

Women’s perspectives on native title

(Indigenous women delegates only)

Facilitator: TBC

Discussion leaders: Lhere Artepe women

Following from the success of the Indigenous women’s talking circle at last years conference, Indigenous women delegates will again meet together to discuss their perspectives and roles in the native title process and in the sustenance of culture and nurturing of Indigenous identities.

Indigenous representation

Facilitator: Tom Calma

This Indigenous Talking Circle will consider the place of traditional owners and native title holders in any Indigenous representative arrangements.  This discussion will allow commentary and feedback on the Social Justice Commissioner’s address to the Conference.

Indigenous leadership

Facilitator: Geoffrey Richardson

This Indigenous Talking Circle will explore notions of leadership, focusing the personal strength of men, women and youth and the power to demonstrate leadership in every aspect of our lives.

Native title: big opportunities for small business

Facilitator:

This Indigenous talking Circle will provide an opportunity to share ideas for small business development, drawing on others who have experience in running businesses and develop a greater understanding of some of the unique considerations needed to establish and successfully manage a business in the native title context.

Workshops

NNTC Policy Table

Convenor: Carolyn Betts

A session at the end of each day has been set aside for delegates to participate in a round table discussion of issues raised by the conference and to plan for the future of native title for Indigenous peoples.  These sessions will focus on the formulation of policy solutions to help guide a positive agenda for native title that can be pursued by the National Native Title Council, and other representative bodies with a national voice, as well as by native title holders and claimants themselves.

Transitioning to the CATSI Act: a practical workshop to get you transitioned to the new law

Convenor: Anthony Bevan

The Office of the Registrar of Indigenous Corporations (ORIC) will present a workshop for Indigenous corporations.  The workshop will provide information on the requirements of the new Corporations (Aboriginal and Torres Strait Islander) Act 2006, which is generally referred to as the CATSI ACT.  All PBCs are registered under this legislation.  The workshop will help Indigenous corporations understand what they are required to do in order to transfer to the CATSI Act.  It will describe how each Indigenous corporation can design its new Rule Book to meet the requirements of this legislation.  The workshop will also be an opportunity for Indigenous corporations to inform ORIC representatives of ways in which ORIC can effectively support them.

National Native Title Tribunal forum: Questions & Answers

Convenor: Tim Evans

The National Native Title Tribunal can provide assistance and information to all people involved in the native title process.  Knowing it is available is one thing, but knowing how to get the assistance, what type of assistance is most suitable and then how to use it effectively is just as important.  The Tribunal will conduct an open session with some of its specialist teams including geospatial and research to give an insight into what is available.

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Page last updated: 17 May, 2008
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