Issues such as remoteness, education, health, job readiness, poor infrastructure and the failure of governments to respect
Indigenous forms of ownership, including native title, are substantially more important and have a greater impact on the economic development of communities.
Not exact matches
Counter to this view is the fact that communal
Indigenous land
ownership reflects ancient traditional
forms of property in Aboriginal societies, giving expression to
Indigenous living cultures.
This
formed another rationale for land rights: to give effect to the
ownership of and connection to land by
Indigenous peoples under their traditional laws and customs.
ATSIC has emphasised that there must be
Indigenous ownership of the development
of any
forms of regional governance or their goal
of ensuring
Indigenous control and participation in decision - making will be seriously compromised.
However, any areas which are excluded from the grant
of Indigenous freehold will continue to be held under inferior
forms of title and
ownership of individual lots will not be resolved.
An effective way
of giving
Indigenous people more opportunities for economic development is to provide them with improved
forms of Indigenous land
ownership, particularly in those parts
of Australia where
Indigenous land is held under inferior
forms of title.
It provides an example
of the Australian Government and state governments supporting a process which can achieve long - term resolution
of native title and tenure and provide
Indigenous people with a stronger
form of ownership.
Indigenous land must not be treated as a lesser
form of land
ownership.
Tenure reforms should aim to provide
Indigenous people with stronger
forms of Indigenous land
ownership.
The «lease» as a
form of land title is being widely advocated as the best means
of providing for home
ownership and as a means
of encouraging economic development on
Indigenous land where the underlying title is
Indigenous communal
ownership.
The
forms that
ownership takes in Australia include the recognition
of native title rights (pre-existing rights to land that pre date British settlement), federal, state and territory
Indigenous land rights legislation (which provide for grants
of land from the government), national parks legislation, reserve systems or the purchase
of land by the
Indigenous Land Corporation and Land Councils.
... Among
indigenous peoples there is a communitarian tradition regarding a communal
form of collective property
of the land, in the sense that
ownership is not centred on an individual but rather on the group and its community.
Further options are discussed in the Australian Research Council's Collaborative Research Project Governance structures for
Indigenous Australians on and off native title lands, which seeks to develop recommendations for a more adequate fit between traditional
forms of land
ownership and control under traditional laws, and non-
Indigenous forms of law and government.27