In each State and the Northern Territory, consultants retained by the Commissioner interviewed officers from Native Title Representative Bodies and also various other organisations and people who had relevant experience of the Government's engagement with
traditional owner communities.
If Traditional Owners lose this mechanism, the ability to secure benefits for
Traditional Owner communities will be greatly diminished, which in turn will undermine efforts to close the gap.
Opportunities for Traditional Owner groups to engage in a future carbon emissions trading scheme has great potential to lift the economic base of
Traditional Owner communities.
For native title and cultural heritage outcomes to be robust, positive and durable,
Traditional Owner communities need to be able to work through issues of group membership and extent of country on their own terms.
In some areas, representational structures do not exist within
traditional owner communities, and people need time to adjust to the process and develop the appropriate skills.
Native title negotiations provide an opportunity to begin a process of promoting these rights within
traditional owner communities.
The principles seek to orient native title agreement making to the broader needs and goals of
the traditional owner community, and encourage ongoing engagement between the parties beyond the agreement.
The participation of
the traditional owner community in identifying their needs and goals for development is crucial.
The respective responsibilities of government and
traditional owner community to meet these needs and achieve the economic and social development goals of the group can be articulated in the agreement.
Local Indigenous organisations such as community councils or NTRBs could be used by the traditional owners and third parties as a representative of
the traditional owner community.
In Yorta Yorta the High Court confirmed that the applicants must show that
the traditional owner community has existed as a community continuously since the acquisition of sovereignty by the British and that in all that time they have continued to observe the traditions and customs of their forebears.
Not exact matches
The Commonwealth Environmental Water Office regularly attends
community forums, events and committees within the catchments and we are continuing to forge local partnerships that allow
community groups, including Aboriginal
Traditional Owners, to help shape the regional planning and management of environmental water delivery over the long term.
«At a time when we want businesses expanding and creating jobs in our
community, business
owners are finding
traditional bank financing harder to come by.
CDFIs provide financing to
community businesses in underserved markets where would - be
community business
owners may not qualify for credit from
traditional lending institutions.
We acknowledge the
traditional and original
owners of this continent and pay respect to the Australian Aboriginal and Torres Strait
communities who are its custodians — including past, present and future Elders.
Due to the growing emphasis on the humane treatment of pets, the ability to assist
owners in eliminating improper behavior without recourse to
traditional forms of punishment will make the animal behaviorist a valued member of the veterinary care
community.
Although for many cats it would be preferable to re-home them into a more
traditional domestic setting with an
owner to meet their physical, medical and behavioral needs, in most
communities this option is simply not available for all cats.
It invites you inside rural living in our country through
traditional cuisine, authenticity of the
communities, and the wealth that comes from living in a natural environment where sustainable practices promoted by business
owners dominate as part of this product.
In this way native title can itself be integrated into the economic and social development of the broader
communities that
traditional owners live in.
Or it could allocate positions to a national board or executive of representatives for particular sectors of the Indigenous
community — for example, stolen generations members,
traditional owners, youth, and Torres Strait Islanders (on the mainland and in Torres Strait).
By adopting the concept found in the government's broader Indigenous policy, of integrated planning at the local and regional level, the
traditional owner structures can be integrated into the
community and regional tiers of governance.
Integrating the structures that represent native title holders into broader
community and regional structures would enable greater co-ordination between the economic and social benefits accruing to the various groups within the
community, including the
traditional owner groups.
The issue of the relationship between
traditional owner groups and the rest of the
community was raised in the consultations and discussed briefly in chapter 2.
I hope that we will realise a national representative body that engages with different sections of the pan-Aboriginal and / or Torres Strait Islander
community — be it women, our youth and children,
communities in different geographical locations,
traditional owners or stolen generations members.
With answers to these questions, governments can work, in partnership with
traditional owners and the
communities they live within, towards these shared goals.
Yet if these tests do not satisfy the requirement of Indigenous people, that the process reflects the processes that command respect and authority within their
community and the requirement of non-Indigenous people wishing to engage with
traditional owner groups then they will not provide a basis for the economic and social development of the
traditional owner group.
Delaying negotiations while such a report is prepared will also delay the
traditional owner group engaging with the processes that can generate economic and social outcomes for their
community.
This would allow
traditional owners to build upon existing governance structures in the
traditional owner group, establish links with non-
traditional owner members of the
community and capitalise on the skills base of people already experienced in management and governance.
In subsequent discussions where I have expressed concern about the lack of
community consultation on the issue of town leasing, the OIPC have also noted that they are not obliged under the legislation to consult with the
community, just with a section of it, that is
traditional owners, which the government has stated could mean just one person in some instances.
The proposal in this report to redirect the native title system to economic and social development benefits for the
traditional owner group needs to consider the divisions that this might generate if the living conditions for the rest of the
community were not also being addressed.
Respondents considered that ensuring time and resources for effective
community input benefits non-Indigenous parties as well as
traditional owners.
One participant cautioned that, in seeking economic development outcomes for
traditional owners, negotiators needed to be careful not to alienate any local «white
community».
In this way native title can itself be integrated into the economic and social development of the broader
communities and regions that
traditional owners live in.
It will also give Indigenous members of the
community and the region who are not
traditional owners an opportunity to represent their interests and communicate their concerns to
traditional owners.
In 2002 SWALSC proposed to the
traditional owners that these separate claims be amalgamated into a single native title claim, known as the Single Noongar Claim (SNC), to reflect the common culture and language family shared by all Noongars and restore the
community unity that the native title process had undermined, as well as to negotiate better outcomes from the native title process with limited NTRB funding.
allocate dedicated positions on the national structure for designated segments of the Indigenous
community — such as stolen generations members,
traditional owners, youth or Torres Strait Islanders;
My hope is that we can establish a National Indigenous Representative Body that engages with the different sections of the Aboriginal and Torres Strait Islander
community — be it women, our youth and children,
communities in different geographical locations,
traditional owners or stolen generations members.
The test for the recognition of native title was determined by the High Court's decision in Yorta Yorta.136 There the Court confirmed that to prove native title, claimants must show that the
traditional owners group has existed as a
community continuously since the acquisition of sovereignty by the British, and that in all that time they have continued to observe the
traditional laws and customs of their forebears.
designating positions be allocated to the national body, or specific working groups, to represent particular sectors of the Indigenous
community, such as women, Stolen Generation members,
traditional owners, young people or Torres Strait Islanders
Integrating local and regional planning can also provide a number of ways to approach divisions between groups within a
community, including divisions between
traditional owners and those with historical links to the same land.
In Western Australia, former Aboriginal reserve land was provided to
traditional owners through 99 year leases held by the Western Australian Aboriginal Lands Trust; this is in the process of being transferred from the Trust to Aboriginal
communities.
Native title rights are isolated from the day to day lives of
communities, and from
traditional owners» economic development.
They may be relevant only to the
traditional owners or they may have implications for the overall well being of the
community.
Such dialogue must be based on the active participation of
traditional owners, Indigenous
communities and their representative organisations.
One respondent expressed concern that
traditional owners not be forced to use their native title rights to gain access to these government services, like health and education, that are provided as of right to the rest of the
community.
Commendably, some state governments are explicitly guiding their various departments and agencies to engage with
traditional owner groups as a particular part of the broader Indigenous
community.
Native title groups may wish to include other
traditional owners, non-
traditional owner Indigenous people or non-Indigenous people in their corporate structure to make it representative of the broader
community in which they live, or to increase the corporation's pool of skills.
Developing a native title policy consistent with these principles will enhance the capacity of the native title system to deliver real outcomes for
traditional owner groups and the
communities they live in.
The Murray Darling Basin Commission (MDBC) has worked with the Murray Lower Darling River Indigenous Nations (MLDRIN) and other representatives of
Traditional Owners to gain support for the concept, and then undertook a pilot mapping project with an Indigenous
community.
Building on the capacity of NTRBs and
traditional owner groups in this way is consistent with the emphasis placed on good governance and capacity building in Indigenous
communities under the government's Indigenous policy.