South Australian Native Title Services
He said they will refuse to leave. Burragubba, whom Adani has bankrupted over costs from legal challenges, said his group would not abandon their protest nor quit their lands. The Institute of Energy Economics and Financial Analysis concluded that the project would benefit from several Australian taxpayer-funded arrangements — including subsidies, favourable deals and tax concessions — over its year project life. It said the project would be further supported by public handouts, tax breaks and special treatment provided to Adani Power, the proposed end-user of the thermal coal in India.
Many of you here are government workers. We should all be working together to build Indigenous leadership in young people, formal education has a role here as it is the interface between the Indigenous and the non-Indigenous worlds. Many of you here deliver services on Indigenous land, whether in education, health, community services, infrastructure planning or infrastructure development. The question for you is how you negotiate your services with the traditional owners of the land, and how successful are your negotiations?
We hear a lot about negotiating with communities, but I wonder whether there is careful consideration about how this is done, with whom it is done, and whether agreements are reached with adequate processes to obtain the consent of the traditional land owners. There are so many stories about the failure of services and infrastructure on Indigenous land.
My question is: why are there failures, and who has responsibility for these failures? With all the best intentions, it may be that agreements have not been negotiated with the right people in the community.
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It may be that there is no common understanding of the service, and no clear understanding of the obligations of both parties to the agreement. In participating in SRA processes, and RPA processes, government service deliverers need to carefully plan any consultation process with the right community members in order to get the best outcomes for service delivery. In my Native Title Report I set out principles to guide agreements across the native title system.
These are relevant to all agreements. Jalangurru maningarri, ngarragi yani. Wadi jalangurru yathanggirragi. Good morning everyone. Welcome to all those who have come from all our countries across this expansive region.
From the Valley the Gooniyandi, Introduction in Bunuba Yaningi warangira ngindaji yuwa muwayi ingirranggu, Kaurna yani u. Balangarri wadjirragali jarra ningi — gamali ngindaji yau muwayi nyirrami ngarri thangani.
Yaningi miya ngindaji Muwayi ingga winyira ngarragi thangani. Yathawarra, wilalawarra jalangurru ngarri guda. The topic was 'Personal Reflection'. Jalangurru maninga balanggarri. Yaningi yatharra ngindaji yuwa muwayi ingirranggu Arrente yani U Investment needs to be in urban areas if it is to provide some capital returns The push to change tenure arrangements from communal title to individual title is not a new idea.
They are: compensation, spiritual importance and self-determination Compensation for failing to make treaties , for the historical taking of land from Aboriginal and Torres Strait Islander peoples without agreement or payment — that is, for dispossession — is one of the most important reasons for modern land rights legislation.
The rationale of compensation reflects international law norms and human rights principles, and is both a symbolic and practical act of reconciliation. Indigenous societies in Australia are governed by their own systems of law , including customary land tenure systems, and land rights strives to create space for these within the Australian legal system. It also acknowledges the spiritual importance of land to Indigenous culture and the continuing connection of Indigenous Australians to country, through customary law, association to place and Indigenous religions.
Land rights legislation can give effect to self-determination through recognising prior Aboriginal and Torres Strait Islander ownership of Australia and by creating a legal and geographical space in which Indigenous law and custom has effect and can contribute to self-directed development into the future. Land rights can provide a means for economic development through restoring Indigenous rights to land and natural resources, including minerals, which can be exploited if desired.
It may also give Indigenous owners a financially valuable seat at the negotiating table with government and third parties through statutory control over what happens on their lands While in principle, economic development on Indigenous land may be a worthy pursuit if conducted with the full consent of traditional owners, we need consider the following: Firstly, what type of land are we talking about here? The very reason that land has been available to be returned to Indigenous people is often because the land is marginal, arid, inhospitable and inaccessible.
In short, other people have not wanted it for economic development purposes. Business development also requires infrastructure.
Again, we have to remember that much of Indigenous land is remote and barely accessible. In the tropical regions it can be cut off from all forms of transport for months of the year.
Native Title Law Database
Establishing business under these circumstances will require extensive support from government to establish infrastructure. Infrastructure support has not been forthcoming. Overall, we need to be cautious about setting up expectations that are difficult to meet. Given all of these caveats, and the fact that there is a high failure rate for small business across Australia generally, economic development is not a simple matter of opening up the land, and encouraging Indigenous people to pursue the same wealth creation strategies as non-Indigenous Australians.
Ensure that consultations provide for a mechanism to obtain agreement with communities over the process and desired outcomes of any proposal. Communities are acutely aware of the issues and possible solutions relating to their particular circumstances and will be pivotal to the success of any proposal. Native Title is not something granted by governments.
Native Title is the set of rights and interests over land and waters that have been established through traditional Aboriginal law and custom. It can be recognised under Australian law balanced with other rights and interests in the area in question. Australian law recognises that Native Title exists where Aboriginal people have maintained a traditional connection to their land and waters, since sovereignty and where acts of government have not extinguished it.