logo

Search NTRU


only search NTRU

What's New in Native Title

The What's New service provides a monthly round-up of native title information, publications and events. It is designed to assist organisations, practitioners and individuals involved in native title to access news, information and resources from a broad range of sources. The most recent publication is available below. Current and previous editions are archived in PDF format. The publication is also available through a monthly subscription.

The information in What's New is primarily sourced from email alert services through the National Native Title Tribunal; Federal Court Bulletin; Government Departments; the Australian Human Rights Commission; Indigoz; AASNet; the Australian Parliament; as well as information from Native Title Representative Bodies (NTRBs) and Native Title Service Providers (NTSPs).

The content of What's New varies from month to month, however it generally includes information on: native title determinations; indigenous land use agreements; case law (Australia and international); parliamentary inquiries; media releases; speeches; on-line publications including reports, book reviews and public debates; and websites.

Current and previous editions of What's New in Native Title are listed below.


Whats new - September 2014

1. Case Summaries

2. Legislation

3. Indigenous Land Use Agreements

4. Native Title Determinations

5. Future Acts Determinations

6. Registered Native Title Bodies Corporate & Prescribed Bodies Corporate

7. Native Title in the News

8. Related  Publications

9. Training and Professional Development Opportunities

10. Events

1. Case Summaries

Starkey v State of South Australia [2014] FCA 924

In this consent determination, the Court recognised the non-exclusive native title rights of the Kokatha People. The determination was made with the consent of the South Australian State, the Commonwealth of Australia and 27 other respondents including the Council of Roxby Downs and BHP Billiton Olympic Dam Corporation.

The determination will be registered after the State, BHP Billiton Olympic Dam Corporation and the Kokatha People’s PBC enter into an ILUA (the Kokatha Settlement Indigenous land Use Agreement), under which the Kokatha People surrender native title rights over a number of parcels of land.

The native title rights recognised are limited to personal, domestic or non-commercial communal use.

History of case

This Kokatha native title claim is made up of two native title claims:

The Adnyamathanha People filed a claim in 2012 that overlapped with a portion of the 2009 Kokatha Uwankara claim. The Federal Court relied on s 67(2) of the Native Title Act 1993 (Cth) (NTA) to split the 2009 Kokatha Uwankara claim in two parts:

Part A - the area not overlapped by the Adnyamathanha claim; and
Part B - the area overlapped by the Adnyamathanha claim.

On 8 August 2014, Part A of the 2009 Kokatha Uwankara claim was combined with the 2012 Kokatha Uwankara claim.

This matter is the hearing of that combined claim. It does not include Part B of the 2009 claim, which overlaps with the Adnyamathanha native title claim.

Consideration

Allsop CJ noted that:

Allsop CJ also noted that the Kokatha are a recognisable group that presently recognises and observes traditional law and customs, for the purpose of satisfying s 223 NTA.

Judgment

The native title is not to be held in trust, and the Kokatha Aboriginal Corporation is to be the Prescribed Body Corporation for the purposes of s 57(2) NTA.

Of note

Walker v State of South Australia [2014] FCA 962

In this case, Mansfield J struck out the application brought on behalf of the Ramindjeri People for a determination of native title.  The claim was over a large area of land and waters including, Kangaroo Island and a substantial part of the Fleurieu Peninsula.  The claim overlapped with significant parts of the Ngarrindjeri native title claim, south of Adelaide, and of the Kaurna Peoples’ native title claim, over the Adelaide plains.

Mansfield J joined the Ngarrindjeri and the Kaurna People as respondents to this matter.

The two issues before the court were:

Section 84C of the Native Title Act 1993 (Cth) (NTA) empowers a party to apply for a strike-out of an application for a determination, if that application does not comply with ss 61, 61A or 62 NTA.  Section 61 requires that a determination of native title must be filed by a person authorised by all the persons, who according to their traditional laws hold native title rights. Mansfield J stated at [17] that this power to strike out an application ‘should only be exercised where a clear case for summary dismissal has been made out.’ 

Mansfield J preferred the less difficult test in s 31A of the Federal Court of Australia Act 1976(Cth). This provision empowers the Court to give judgment for one party if the Court considers the other party has no reasonable prospect of successfully prosecuting the proceeding.

Mansfield J accepted the existence of the Ramindjeri People or tribe. However, he decided to strike out the Ramindjeri application because he considered there was a lack of evidence to support the very large sea area of the claim and the claim over Kangaroo Island. Also, the authorisation meetings focussed on a much smaller claim area and many descendants of the identified apical ancestors did not attend. 

Section 251B NTA requires that authorisation be undertaken using a process of decision making referable to traditional laws and customs and, only where there is no such process, may other decision-making processes for authorisation be used. Section 62(1)(a)(v) NTA requires that affidavit evidence of this decision-making process must accompany the application. In finding that Mr Walker was not properly authorised, Mansfield J identified:

Of note in this decision

On 4 September 2012, the Ramindjeri filed a Notice of a Constitutional Matter under s 78B of the Judiciary Act 1903(Cth) saying that the State had no jurisdiction to seek orders, nor make laws or regulate the activities of the Ramindjeri, because they had never ceded sovereignty to the Crown. Manfield J rejected this claim in July 2013 (see Walker v State of South Australia (No 2) [2013] FCA 700).

Please note the following correction to What's New in Native Title - August 2014.

The case of State of Western Australia v BP (Deceased) [2014] FCAFC 95 is an appeal to the Full Federal Court from the decision by Jagot J in BP (Deceased) v State of Western Australia [2013] FCA 760 not, as published in the case summary, from the decision by North J in BP (Deceased) on behalf of the Birriliburu People v State of Western Australia [2014] FCA 715. 

2. Legislation

Federal

Review of the Australian Parliament’s Website provided the following information and updates:

Submissions were sought by 29 August 2014.  The reporting date is 2 September 2014.  On 17 July 2014, the Senate granted an extension of time for reporting until 29 October 2014.

Further information, including submissions, is available.

The Joint Select Committee tabled their Final Report on 4 September 2014.  Joint Committee Hansard of 18 August 2014 includes a transcript of the Committee’s hearing of Robert Dalton and Joe Morrison of the Northern Land Council.

Queensland

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 (Qld)

This Act was passed on 5 September and will commence on 1 January 2015. It allows the option of obtaining ordinary freehold title for the following 34 Aboriginal and Torres Strait Islander communities located in either an Aboriginal shire council or an Indigenous regional council:

For more information, click here to see the Explanatory notes to the Bill or visit Queensland’s Department of Natural Resources and Mines website.
Queensland Heritage and Other Legislation Amendment Bill

On 9 September, Andrew Powell as the Minister for Environment and Heritage Protection introduced this Bill. In this first reading, the Bill was described as better aligning the Heritage Act to its purpose of conserving Queensland’s cultural heritage.  The Bill emphasises that the Queensland Heritage Register is the chief instrument for the process of identifying and protecting places of heritage value. It also sets out the role of local governments in identifying and establishing appropriate protections for places of local heritage significance.

The Bill was referred to the Agriculture, Resources and Environment Committee.

Victoria

Aboriginal Heritage Amendment Bill 2014 – Exposure Draft

When it was written, the Aboriginal Heritage Act 2006 (Vic) included a provision that the Act be reviewed in five years time. This Draft Bill is part of that review process.

The review of the Aboriginal Heritage Act is also related to an inquiry about Registered Aboriginal Parties (RAPs). It is intended that these will be essential to the efficient operation of cultural heritage management. Click here or search the Parliament of Victoria’s website to see the report from that inquiry.

The draft Bill proposes a range of changes, primarily:

Further information about the review of the Aboriginal Heritage Act can be found by clicking here or by visiting Victoria’s Department of Premier and Cabinet’s website.

3. Indigenous Land Use Agreements

The Native Title Research Unit within AIATSIS maintains an ILUA summary which provides hyperlinks to information on the National Native Title Tribunal (NNTT) and the Agreements, Treaties, and Negotiated Settlements (ATNS) websites.

In September 2014, 8 ILUAs were registered with the National Native Title Tribunal.

Registration date

Name

Tribunal file no.

Type

State or Territory

Subject matter

26/09/2014

Lots 112(A), 113(A) and 114(A) Town of Hart Range

DI2014/001

Area Agreement

NT

Extingushment, Development

26/09/2014

Warrungu People/ Oak Hills ILUA

QI2014/054

Body Corporate

QLD

Pastoral, Access

26/09/2014

Warrungu People/ Lamonds Lagoon ILUA

QI2914/056

Body Corporate

QLD

Pastoral, Access

26/09/2014

Warrungu People/ Kent (aka Wombino) ILUA

QI2014/057

Body Corporate

QLD

Pastoral, Access

26/09/2014

Warrungu People/ Glendhu (aka New Farm) ILUA

QI2014/058

Body Corporate

QLD

Pastoral, Access

26/09/2014

Warrungu People/ Yourka ILUA

QI2014/059

Body Corporate

QLD

Pastoral, Access

26/09/2014

Kullilli People and Local Government ILUA

QI2014/030

Area Agreement

QLD

Consultations protocool, Communicaiton, Community, Government

26/09/2014

Kullilli People and Ergon Energy ILUA

QI2014/026

Area Agreement

QLD

Consultations protocool, Communicaiton, Community, Government

For more information about ILUAs, see theNNTT Website and the ATNS Database.

4. Native Title Determinations

The Native Title Research Unit within AIATSIS maintains a determinations summary which provides hyperlinks to determination information on the Austlii, NNTT and ATNS websites.

In September 2014, 1 native title determination was handed down.

Short Name
(NNTT)

Case Name

Date
(NNTT)

State

Outcome

Legal Process

Type

RNTBC
/PBC

Kokatha People (Part A)

Starkey on behalf of the Kokatha People v State of South Australia

01/09/2014

SA

Native Title exists in parts of the determination area

Consent determination

Claimant

Kokatha Aboriginal Corporation

5. Future Acts Determinations

In September 2014, 7 Future Acts Determinations were handed down.

Determination date

Parties

Tribunal File No

State or Territory

Decision/Determination

25/09/2014

Buurabalayji Thalanyji Aboriginal Corporation (WCD2008/003) (native title party)
-and-
The State of Western Australia (Government party)
-and-
GTI Resources Ltd (grantee party)

WO2013/1063

WA

Objection - Dissmissed

24/09/2014

Mungarlu Ngurrarankatja Rirraunkaja (native title party) (Aboriginal Corporation)  
- and -  
The State of Western Australia (Government party)
- and -
FMG Resources Pty Ltd (grantee party)

WO2014/0223

WA

Objection - Dissmissed

18/09/2014

Amy Lester and Others on behalf of the Barada Kabalbara Yetimarala People (QC2013/004) (native title party)
- and -
Civil & Mining Resources Pty Ltd (grantee party)
- and -
The State of Queensland (Government party)

​QO2014/0046, QO2014/0047, QO2014/0061

QLD

Objection - Dissmissed

18/09/2014

Amy Lester and Others on behalf of the Barada Kabalbara Yetimarala People (QC2013/004) (native title party)
- and -
Orion Gold NL (grantee party)
- and -
The State of Queensland (Government party)

QO2014/0028

QLD

Objection - Dissmissed

08/09/2014

Western Desert Lands Aboriginal Corporation (Jamukurnu Yapalinkunu) RNTBC (native title party)
- and -
The State of Western Australia (Government party)
- and -
MDR (Thomsons) Pty Ltd (grantee party)

WO2012/0799

WA

Objection – Expedited Procedure Applies

04/09/2014

Leedham Papertalk and Others on behalf of Mullewa Wadjari (WC1996/093) (native title party)
- and -
The State of Western Australia (Government party)
- and -
Boadicea Resources Ltd (grantee party)

WO2014/0120

WA

Objection – Expedited Procedure Applies

02/09/2014

Gooniyandi Aboriginal Corporation Registered Native Title Body Corporate (WCD2013/003) (native title party)
- and -
The State of Western Australia (Government party)
- and -
AC Minerals Pty Ltd (grantee party)

WO2013/0385

WA

Objection – Expedited Procedure Does Not Apply

6. Registered Native Title Bodies Corporate & Prescribed Bodies Corporate

The Native Title Research Unit within AIATSIS maintains a RNTBC summary document which provides details about RNTBCs and PBCs in each state/territory including the RNTBC name, RNTBC type (agent or trustee) and relevant native title determination information.

Information on RNTBCs and PBCs including training and support, news and events, research and publications and external links can be found at nativetitle.org. For a detailed summary of individual RNTBCs and PBCs see PBC Profiles.

Additional information about RNTBCs and PBCs can be accessed through hyperlinks to corporation information on the Office of the Registrar of Indigenous Corporations (ORIC) website; case law on the Austlii website; and native title determination information on the NNTT and ATNS websites.

7. Native Title in the News

The Native Title Research Unit within AIATSIS publishes Native Title in the News which contains summaries of newspaper articles and media releases relevant to the native title sector.

8. Related  Publications

Central Land Council

Proposed National Radioactive Waste Management Facility Consultation Information – September 2014

An information booklet for the CLC consultations on the Proposed National Radioactive Waste Management Facility

For further information, visit the CLC website

Council News – September 2014

Information from the council meeting on 17 September 2014.

For further information, visit the CLC website

 

Media Releases, News Broadcasts and Podcasts

Central Land Council

Kings Canyon traditional owners reject mining in Watarrka National Park – 25 September 2014

The joint management committee for Watarrka (Kings Canyon) National Park have asked the NT government to not allow oil and gas exploration in one of Australia’s top tourist attractions.

For further information, visit the CLC website

CLC Under New Leadership – 17 September 2014

Mr Francis Kelly, was today elected the new Central Land Council’s chair after over a year as deputy chair. Mr Sammy Butcher is now the new deputy chair. Mr Kelly, a film maker from Yuendumu who has been a CLC delegate for the past 12 years, said his election clears the way for the CLC to once again focus on the needs and aspirations of Aboriginal people in Central Australia.

For further information, visit the CLC website

Traditional owners criticise nuclear dump process – 12 September 2014

Sixty traditional owners from the Tanami Desert and neighbouring land owners have expressed their frustration with the federal government's nomination process for a proposed radioactive waste management facility. They are also frustrated with the lack of information provided from the government.

For further information, visit the CLC website

 

Federal Minister for the Environment and Queensland Minister for National Parks, Recreation, Sport and Racing

War declared on feral pigs under turtle program – 7 September 2014

The Australian and Queensland Governments have announced dates for grant applications and a framework for new efforts in the fight to protect marine turtles from feral pigs.

For further information, visit the Department of Environment website

 

Torres Strait Regional Authority

Torres Strait Regional Authority common funding applications due in October – September 2014

The Torres Strait Regional Authority (TSRA) is calling for applications from Torres Strait Islander and Aboriginal organisations and individuals within the Torres Strait and Northern Peninsula Area for grants for activities between 1 January and 31 July 2015.  Applications for the second TSRA Common Funding Round close on 7 October 2014.

For further information, visit the TSRA website

TSRA resolve to RECOGNISE – September 2014

The Torres Strait Regional Authority has met with RECOGNISE, the organisation behind the push for recognition of Indigenous Peoples in the Australian Constitution at its board meeting last week. TSRA Chairman Joseph Elu said it was important to acknowledge the history, culture and languages of Torres Strait Islander and Aboriginal peoples in Australia’s founding document.

For further information, visit the TSRA website

TSRA and TSC officially open stage two of the Horn Island Airport upgrade – 9 September 2014

Stage two fo the Horn Island Airport Upgrade was officially opened today by the Torres Strait Regional Authority (TSRA) and Torres Shire Council (TSC). Horn Island Airport has undergone a range of works to upgrade its runways and facilities to meet mainland standards.

For further information, visit the TSRA website

TSRA honour past and present chairpersons at 20th anniversary celebrations – 16 September 2014

At the 20th Anniversary Dinner at the Gab Titui Cultural Centre las week, the Torres Strait Regional Authority (TSRA) has honoured Chairpersons past and present. Awards recognising their service to the organisation were presented to Mr Getano Lui Jnr., the first Chairperson of the TSRA from 1994 to 1996, Mr John Abednego who was the second Chair between 1996 and 1999, and Mr Joseph Elu, the current Chair from 2012.

For further information, visit the TSRA website

Dog control program on Mer Island to help nesting sea turtles – 22 September 2014

To reduce green sea turtle predation by dogs on Mer (Murray) Island, a partnership was formed between the TSRA Land and Sea Management Unit, Torres Strait Island Regional Council (TSIRC), Mer Gedkem Le (TSI) Corporation RNTBC and MyPathways.

For further information, visit the TSRA website

Biannual Australian Marine Turtle Symposium to build future partnerships – 22 September 2014

Ronald Fujii and Tristan Simpson from the Torres Strait Regional Authority’s (TSRA) Land and Sea Management Unit attended the Biannual Australian Marine Turtle Symposium which is run by the Department of Parks and Wildlife Western Australia. The Symposium saw scientists, industry, government, community and Indigenous groups from across Australia sharing their knowledge and understanding about marine turtles and build future partnerships.

For further information, visit the TSRA website

 

Yamatji Marlpa Aboriginal Corporation

Proposed AHA changes exclude Traditional Owners  - 23 September 2014

On Friday, 26 September, the YMAC Pilbara Regional Committee hosted an on Country meeting to allow Traditonal Owners the opportuntiy to add their voice to the discussions surrounding the proposed changes to the Aboriginal Heritage Act 1972. 

For further information, visit the YMAC website

9. Training and Professional Development Opportunities

AIATSIS

The 2015 Stanner Award is now open.  Applications close on 30 January 2015. The award, provided by AIATSIS, is for the best academic writing by an Aboriginal or Torres Strait Islander writer. The winner will be given a glass statuette, $5000, up to 50 hours editorial and mentoring support – and publication by Aboriginal Studies Press. This year any theses which are hosted on a university repository will be eligible.

For further information, visit the AIATSIS website

 

The Aurora Project

See the Aurora Project: 2014 Program Calendar for information on training and personal development for staff of native title representative bodies, native title service providers, RNTBCs and PBCs.

 

Mirima Dawang Woorlab-gerring
Special Intership

In addition to the regular internship program involving stays of around 10 weeks, the Mirima Dawang Woorlab-gerring Language and Culture Centre are currently looking for a linguist volunteer to assist them with a special task over a longer period of time. The successful candidate would spend up to 12 months at MDWg to help the centre enhance existing skills and greater independence in their Indigenous language workers. Your responsibility would include working with the staff to prepare Miriwoong language resources such as printed and digital resources, assist with the curriculum development for Miriwoong, support the preparation of school classes and help organise the production of radio programs. All tasks will be in teamwork with the Miriwoong language workers and other interns as well as in collaboration with the senior linguist. There will also be the opportunity to engage in other activities such as language documentation and language revitalisation.

For further information please contact Knut J. Olawsky, Senior Linguist/ Manager at info@mirima.org.au

 

ORIC

ORIC provides a range of training for Aboriginal and Torres Strait Islander corporations about the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act), the corporation's rule book and other aspects of good corporate governance.

For further information on training courses visit the ORIC website.

 

The Queen’s Young Leaders

The Queen’s Young Leaders Programme will recognise and support thousands of young people, including around 240 Award winners, who are striving to reach their potential and transform their own lives, and the lives of those around them. This programme provides opportunities for young leaders to develop new skills and international networks, as well as celebrating those who already demonstrate excellent leadership qualities.

For further information, visit the Queen’s Young Leaders website

10. Events

Why Warriors

Working with Yolngu Seminar

The 2 day seminar is designed to give participants a solid understanding of what is culture and its effects on all who move into a cross cultural setting. The seminar also delivers skills on how to survive, operate and communicate more effectively in this strange new environment.

Date:                      21-22 October 2014
Location:               Uniting Church function room, Nhulunbuy.

Further information can be found on their website

Australian Network of Student Anthropologists (ANSA)

AAS/ANSA Postgraduate Travel Grants

The Australian Network of Student Anthropologists (ANSA), in conjunction with the Australian Anthropological Society (AAS), offers a number of travel grants for current and recent postgraduate by research students, to assist them with meeting costs incurred in travelling to the annual AAS conference. In 2014, the conference will be held jointly with the Association of Social Anthropologists of Aotearoa / New Zealand (ASAA/NZ).

Date:                      10-13 November 2014
Location:               Millenium & Copthorne Hotels, Queenstown, New Zealand

Further information can be found on the conference website

Indigenous Business, Enterprise and Corporations Conference (IBECC)

The 3rd Indigenous Business, Enterprise and Corporations Conference (IBECC14) will be hosted by the UWA Centre for Social Impact. The conference will cover topics such as Indigenous business, strong foundations, amplifying futures, sustaining country and culture, driving change, speaking up and a common agenda.

Date:                     1-2 December 2014
Location:              UWA Business School

Further information can be found on theUWA website

ACRAWSA Conference 2014

ACRAWSA is calling for scholars working on any aspect of critical race or whiteness studies to submit papers for our annual conference. This year’s conference has an open theme, and we encourage scholars working in relevant areas to attend and reflect upon the field. This conference aims to reinstate the importance of the study of race

Date:                      4-5 December 2014
Location:               Brisbane

Further information can be found on the ACRAWSA website.

World Indigenous Domestic Violence Conference

The world Indigneous Domestoc Violence conference will be held in Cairns in early December. Registration is filling quickly and conference organisers has recommended interested delegates should register as soon as possible for the conference. 

Date:                      8-10 December 2014
Location:               Pullman Cairns International Hotel

Further information can be found on the Indigenous Conferences website.

World Indigenous Health Conference

There are more than 50 speakers confirmed to attend the World Indigenous Health Conference. Registration is filling quickly and conference organisers has recommended interested delegates should register as soon as possible for the conference. 

Date:                      15-17 December 2014
Location:               Pullman Cairns International Hotel

Further information can be found on the Indigenous Conferences website.

Subscribe to Native Title mailing listNTRU twitter accountNTRU facebook account


Current and previous editions of What's New in Native Title