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The recommendations put forward in this report cover an extraordinarily wide spectrum. Many will require considerable detailed development and negotiation before they can be put into place.

The following international instruments[1] have been placed in tables according to topic area. Note, however, that many of the instruments are relevant to several topic areas. Clauses marked * are relevant to Indigenous knowledge’s.

[1] Information in this Appendix is a collation of extracts from responses provided by various Federal, State and Territory Government Departments in Correspondence to T Calma, Aboriginal and Torres Strait Islander Social Justice Commissioner, Human Rights and Equal Opportunity Commission, for the Native Title Report 2008.

[1] Australian Government, Department of Climate Change, Top End, http://www.climatechange.gov.au/impacts/regions/te.html (viewed 17 December 2008) [2] D Green, Climate change impacts on remote Indigenous communities’ health in northern Australia, Climate Change Impacts and Risks CSIRO (2006), p 21. At http://www.sharingknowledge.net.au/files/indigenoushealth_cc200606.pdf (viewed 17 December 2008…

[1] Adapted from Jackson S, Indigenous Interests and the National Water Initiative: Water Management, Reform and Implementation, Background Paper and Literature Review, Report for the IWPG (2007), p 42. At: http://www.nailsma.org.au/nailsma/publications/downloads/NAILSMA_NWI_Review_UPDATEDec07.pdf (viewed 17 December 2008).

The DKCRC is dedicated to improving conditions for all desert Australians and it recognises that there have been past instances of Aboriginal people’s knowledge and intellectual property being misappropriated and exploited. The DKCRC Board also recognises that the DKCRC’s objectives will only be achieved by working in equitable partnership with Aboriginal people. Such partnerships…

Native Title Report 2008 Appendix 9 Acronyms/Abbreviations List Back to Contents Download in PDF Download in Word AIATSIS: Australian Institute of Aboriginal and Torres Strait Islander Studies ACT: Australian Capital Territory AHA: Aboriginal Heritage Act 2006 (Vic) ALRA: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) BOM: Bureau of Meteorology CAT: Centre for Appropriate…

2008 was a significant year for Aboriginal and Torres Strait Islander peoples with far reaching effects, not limited to native title. The election of the new federal government in 2007 brought a raft of policies aimed at improving the social and economic situation of Aboriginals and Torres Strait Islanders, many of which are inextricably linked to native title.

Native Title Reports 2008 Back to Contents Downloads in PDF and Word Download the full report in PDF Download the full report in Word Chapters The report overview: It’s time to talk PDF | Word Chapter 1: the year in review PDF | Word Chapter 2: Changes to the native title system – one year on PDF | Word Chapter 3: Selected native title cases: 2007-08 PDF | Word Chapter 4: Climate change…

The year 2007 is the fortieth anniversary of the 1967 constitutional referendum. The referendum changed the Australian Constitution however it didn’t specify directions to be taken. In many ways, it could be said that the referendum represented promises to Indigenous Australians for new ways of enjoying human rights, and promises to other Australians that Indigenous citizens could expect a…

Native title is now well established in Australian law. The native title system was set up in 1994 under the Native Title Act 1993 (Cth) (the Native Title Act). It is for gaining recognition and protection of native title, and for resolving native title matters. It has been successfully used in many parts of the country.

Whether Indigenous peoples are able to gain full recognition and protection of their native title rights and interests, depends significantly on the process by which native title applications are resolved.

It is crucial to the functioning of the native title system that there are organisations representing Indigenous people and assisting them to gain recognition and protection of native title.

One part of the funding is the ‘respondent funding scheme’ operated by the Attorney-General’s Department. Under this scheme the Attorney-General can grant legal or financial assistance to certain non-claimant parties to enable them to participate in native title proceedings.1

Good functioning of prescribed bodies corporate (PBC)2 is essential to native title. Recognition of native title rights only goes part of the way to redress the historical injustice of land dispossession. Without appropriate means to make decisions about land, the existence of native title makes minimal appreciable difference to Indigenous people.

‘CATSI’ is an acronym for the Commonwealth’s Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), which came into effect on 1 July 2007. The Act ‘primarily provides for the incorporation and regulation of Aboriginal and Torres Strait Islander Corporations’. It replaces the Aboriginal Councils and Associations Act 1976 (Cth) (the ACA Act).

The Yankunytjatjara and Pitjantjatjara and other Indigenous people of the town of Yulara, in the shadows of Uluru, had their claim for compensation for extinguishment of native title rejected by Justice Sackville in the Federal Court (the Jango case)1in 2006. The Noongar people (the Noongar case)2 had their claim for native title over the metropolitan area of Perth upheld. Further north, around…

These issues highlight some concerns I have with the operation of the Native Title Act 1993 (Cth) (Native Title Act), how it is interpreted by the common law and how the native title system is operating. They seriously impact on the exercise and enjoyment of human rights of Indigenous peoples.

The federal government on 21 June 2007 announced measures to tackle sexual abuse against Aboriginal children in the Northern Territory. The legislation it passed to implement the measures has significant implications for Aboriginal owned and controlled land.

While the native title system is able to deliver social and cultural outcomes through determinations of native title, Indigenous land use agreements (ILUAs) are one of the only ways in which native title holders can pursue economic development.