At times there is an overlap between tenure reform and secure tenure, such as when reforms to
land tenure make it easier to grant a lease to the government.
Not exact matches
Pataki, a moderate Republican,
made environmental issues — and
land acquistion in the Adirondacks in particular — a focus of his 12 - year
tenure, so much so that he was sometimes referred to as the «green» governor — a nickname his administration encouraged.
So how do those all - important admissions decisions, which essentially determine who will be
landing tenure - track jobs 5 to 10 years hence, get
made?
One of the main reasons for
tenure reform is to
make Indigenous
land available to attract «commercial investment», including «private sector investment to expand the housing asset base».
Township leasing, which was introduced in 2006, remains important as the first changes
made by the Australian Government as part of its Indigenous
land tenure reform policy.
First, we are working to establish the policy foundations required in relation to
land tenure and housing reform; and second, we have
made unprecedented financial commitments directed to changing the face of Indigenous housing across the nation within a decade.
While there is some confusion about the aims of Indigenous
land tenure reform, a common theme is the aim of
making it easier for Indigenous
land owners to
make use, including commercial use, of their
land.
This includes
making funding for communities conditional on the reform of
land tenure arrangements that obstruct new housing investment.
However, this focus on secure
tenure is not about assisting Indigenous people to
make use of their
land — it is about governments having control over decision -
making.
This can give the impression that by obtaining secure
tenure, governments will be helping Indigenous
land owners to
make better use of their
land.
Each decision — from leases and
land tenure through to the residential planning — is
made with the informed participation of Yarrabah residents.
There is no evidence that we can see that shows that there was a balanced approach to try and give people the full suite of information you may need to
make, for example, a decision around something like five - year leases or
land tenure arrangements.
These processes enable
land councils to articulate decisions about
land use
made under traditional law and custom by the
land owners to the outside world in conformity with standard Australian
land tenure and
land use procedures, while maintaining Aboriginal control.
In 2006 the Australian Government amended the Aboriginal
Land Rights (Northern Territory) Act 1976 to make 99 year lease tenures possible over Indigenous townships on communal l
Land Rights (Northern Territory) Act 1976 to
make 99 year lease
tenures possible over Indigenous townships on communal
landland.
In
making this recommendation I recognise that native title is a co-existing right so it may be necessary to support
tenure holder's engagement and negotiation with native title claimants / holders over the use of
land.
The preservation of traditional
lands in ultimately inalienable form for the use and enjoyment of future generations is still an important principle of Indigenous
land tenure, as recognised by the first and second NIC Principles.136 There has been a strong policy focus over more than thirty years on Indigenous people gaining traditional
land, having the right to manage it in accordance with Indigenous tradition, and being able to
make decisions about
land use in accordance with traditional decision -
making processes.
While governments» renewed interest in Indigenous
land matters is a welcome one, we run the risk of «throwing the baby out with the bath water» where policy aims to
make fundamental changes to
land tenure when the potential for existing leasing options has not been fully explored or realised.
There may be some real issues here where traditional owners comprise a minority of the community, and where non-traditional (historical) people
make decisions to establish a
land council and to change the
land tenure arrangements over the community.
The Review's scope requires the Committee to «consider all elements of government decision -
making» relevant to development projects, specifically including government decisions on Aboriginal heritage,
land tenure and native title practices.
I am concerned that these reforms have been focused on enabling governments to obtain secure
tenure, rather than on assisting Indigenous people to
make use of their
land.