One
Traditional Owner stated:
Not exact matches
Using
state - of - the - art
traditional and alternative medicine, surgery and nutrition to improve the health, happiness and longevity of pets, giving their
owners the peace of mind they need to experience the true joy of pet ownership.
Therefore,
owners of choppers, dirt bikes, sports bikes and
traditional motorcycles must register their vehicles with the
state.
The
state, has also created the Indiana Auto Insurance Plan to help vehicle
owners who have been turned down for
traditional policies.
Therefore,
owners of dirt bikes, sport bikes, choppers and
traditional motorcycles must register their vehicles and carry the
state - required liability insurance coverage.
For those unaware, Dolby Atmos is a relatively new standard of 3D surround sound that's built upon
traditional 5.1 and 7.1 layouts, which means it should be fairly easy for
owners to upgrade their setup to support the
state - of - the - art technology.
A few statutes provide for compensation to be paid in recognition of the disturbance to
traditional land from mining.77 A number of regimes provide for royalties, or an amount equivalent to the royalties received by the
state or federal government, to be paid to the Indigenous
owners.
To borrow a phrase used by my former clients,
traditional owners from northwest Victoria — which was often used in negotiations with the
State «its time to put some flesh on the bones» of these agreements and principles.
Earlier sections discuss the use of connection reports (section 1, Identification of the
traditional owner group) and
state governments» legalistic attitudes (section 7, Legal issues).
The rights of
traditional owners should reflect the fact that, like other Australian citizens, they are members of a modern
state involved in a global economy.
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.
This means that
state and Commonwealth governments, industry, and
traditional owners must share the goal of sustainable development.
For example, in relation to a future act where the Victorian Government is a party, the
state will require that
traditional owners provide basic certainty about the identity of the group; description of claimed rights and interests;
traditional basis of connection and some evidence of
traditional physical connection to a part of the land under claim.
One NTRB
stated that first and foremost, the process of capacity development should aim to empower the
traditional owner group.
An example of this is in the recent agreement in South Australia between various exploration companies, the Yandruwandha / Yawarrawarrka
Traditional Land
Owners (Aboriginal Corporation), and the
State government which established a process for agreed land access and usage.
As the Native Title Report 2003 detailed, a common theme of
state and federal native title policies as they currently exist is a preference for negotiation over litigation.180 This agreement - focus provides an invaluable opportunity for governments and
traditional owner groups to ensure that native title agreements respond as far as possible to the economic and social development needs of the native title claimant group rather than just the demands of the legal system.
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.
A number of respondents
stated that resource development was not the only way
traditional owners could work towards social and economic goals.
State governments must be commended for funding negotiations and other initiatives that increase the potential for beneficial economic and social development outcomes for
traditional owner groups.
[14] Victorian
Traditional Owner Land Justice Group, Towards a Framework Agreement between The
State of Victoria and the Victorian
Traditional Owner Land Justice Group, Discussion Paper, 26 August 2006, p 5.
The Murray - Darling River Basin is home to a number of Indigenous
Traditional Owner groups across the five
states and territory.
In addition, Commonwealth and
state governments and NTRBs must recognise that the process of
traditional owner decision making is just as important as the native title outcome.
Traditional owners» development initiatives occur within a system of interrelated levels and understandings, including the local, regional,
state, national and international levels.
Negotiation threshold tests (28) differ from
state to
state but essentially require the claimants to provide to the
state evidence that they are the biological descendants of the
traditional owners, (29) that they can demonstrate continuing connection with the land of their forebears, and that they have continued to observe their
traditional laws and customs.
In November 2006, the Group decided that its main purpose would be to negotiate a new policy framework with the
state government so that native title could better meet the aspirations of
traditional owners.
However, where there is an opportunity to give legal recognition to
traditional owners inherent rights through consent determinations and particularly where such rights can provide a basis for or contribute to the economic, social and cultural development of the group, then governments, both
State and Federal, should conduct the negotiations in such a way as to maximise this opportunity.
As indicated in my discussion of
State and Territory policies (96) a preference for negotiation over litigation provides an invaluable opportunity for governments and
traditional owner groups to ensure that native title agreements respond to policies directed to the economic and social development of the native title claim group rather than to the demands of the legal system.
Under this approach a
state may enter into negotiations with the
traditional owner group either through the mediation process offered under the NTA or by means of their own processes without waiting for the collection of evidence by the claimant group in relation to the continuity of their connection, the continuity of their observance of
traditional laws and customs and the compilation of a tenure history by the
state.
Over a year into negotiations with
traditional owners over the location of a proposed LNG processing plant in Western Australia, the government of that
state changed.
Some
States, guided by a broader policy direction towards the economic and social development of
traditional owner groups, proceed to negotiate with native title claim groups when they are certain that the group with whom they are negotiating are the
traditional owners of the relevant land.
While there are many examples of native title agreements that do provide economic and social development outcomes for
traditional owner groups these are not usually a result of applying native title policy goals, but rather come out of the intersection of native title with the
States» other policy priorities.
The South Australian government's commitment to the
State - wide ILUA negotiation process (also referred to as a
State - wide Framework Agreement) means that native title negotiations involve a high level of participation by
traditional owner groups.
Native title offers a process by which
traditional owner groups are brought into a relationship with the
State through the lodging of a native title claim.
In these cases the future act provisions of the NTA provide processes for the conduct of negotiations between the
State and native title claimants and an opportunity for
States to negotiate with
traditional owner groups as if these groups had legally recognised rights to the land.
In contrast to the assessment model some
States proceed to negotiate with native title claim groups prior to assessing the merits of their legal claim, so long as they are confident they are dealing with the
traditional owner group.
In 2005, Native Title Services Victoria (NTSV), a service delivery body that performs some of the functions of a NTRB for the
state of Victoria, supported the establishment of the Victorian
Traditional Owner Land Justice Group (LJG) «to find a better way of doing business and achieving workable native title and land management outcomes in Victoria».
Using negotiation as the process by which a
State develops its policy approach to
traditional owner groups ensures that the development objectives identified by Indigenous people, rather than the objectives identified by the
State, have a central place in that policy.
In February 2008, the Attorney - General
stated that the government would ensure that
Traditional Owners and their representatives were adequately resourced so that they are in a position to pursue beneficial outcomes.
Negotiation threshold tests, shaped by the legal tests, play a crucial role in determining whether, and if so how, the
State will negotiate with
traditional owner groups.
In addition, Prescribed Bodies Corporate have no funding source at all from the Commonwealth or
State governments and are thus unable to provide a governing institution for the
traditional owners» ongoing development.
In South Australia, in addition to the Aboriginal Lands Trust Act 1966 (SA) referred to above, there are two Acts each providing that large parts of the western part of the
State are held as inalienable freehold by a corporation that directly represents
traditional owners.46 A lease can be granted for any period to a
traditional owner or organisation comprising
traditional owners; to a government agency for up to 50 years; or to anyone else for 5 years or less.47 The Anangu Pitjantjatjara corporation must have regard to the interests of and consult with
traditional owners with a particular interest in the affected portion of the lands and shall not approve the lease unless it is satisfied that those people have given their informed consent.48 The Maralinga Tjarutja corporation must consult with
traditional owners.49
(4) It was also discussed in Chapter 3 how many
state Governments are conducting native title negotiations within this narrow legal framework by focusing primarily on the settlement of native title claims rather than the economic and social development of the
traditional owner group.
A historic meeting of
Traditional Owners of Victoria was convened with the meeting endorsing a statement calling on the
State Government to consider a raft of land justice measures.
However, in November 2009 the Victorian
Traditional Owner Land Justice Group expressed concerned that the Victorian Settlement Framework was «in jeopardy as a result of disagreement over funding between the
State and Commonwealth Governments».
[62] The Victorian Settlement Framework «provides for out of court settlement packages that allow
Traditional Owners to settle their land claim directly with the
State outside the Federal Court process».
I congratulate the
State of Victoria and the
Traditional Owners of Victoria on this significant achievement.
The statement calls on the
State Government to commit to a process of negotiation with the
Traditional Owners of Victoria; consider traditional owners preferred model for cultural heritage and engage in a process of negotiation for land justice settlement i
Traditional Owners of Victoria; consider traditional owners preferred model for cultural heritage and engage in a process of negotiation for land justice settlement in Vic
Owners of Victoria; consider
traditional owners preferred model for cultural heritage and engage in a process of negotiation for land justice settlement i
traditional owners preferred model for cultural heritage and engage in a process of negotiation for land justice settlement in Vic
owners preferred model for cultural heritage and engage in a process of negotiation for land justice settlement in Victoria.
[144] It does so by authorising the creation of a series of agreements between the
State of Victoria and entities which represent
traditional owner groups.
I urge the Government to support conservation efforts of
Traditional Owners through join - management of national park arrangements under ILUAs or
State land rights regimes, and recognise these practices as eligible projects under the CFI.
[140] The Framework «provides for out of court settlement packages that allow
Traditional Owners to settle their land claim directly with the
State outside the Federal Court processes».