Sentences with phrase «native title groups»

Native Title Representative Bodies and Prescribed Bodies Corporate are the major entities through which the economic and social development of native title groups will occur.

For example, is it enough to simply change legislation or amend policies without building the capacity of communities or native title groups to access and engage with the system positively and proactively?

The South Australian state - wide agreement process demonstrates the potential of agreement - making to determine native title applications where native title groups across the State are involved in the process.

The meeting noted that «there is a need to develop better understandings of the growing corporatisation of native title groups and their relationships with other Indigenous community organisations».30

The Commission recognises the importance of government support to assist native title groups to negotiate beneficial agreements and develop robust governance structures.

This is not only an issue within native title groups but extends to the broader community.

Governments should not assume that all native title groups will have sufficient income to establish and maintain a PBC with the capacity to comply with the myriad regulatory obligations and requirements under the NTA.

The NTA requires native title groups to form a corporate entity, a «Prescribed Bodies Corporate» (PBC), when they achieve a successful native title determination.

The template ILUA «provides a framework in which individual ILUAs can be reached between the State and particular native title groups for backlog exploration permits in their area».

developing limited markets for particular commercial activities, such as trade within and between particular native title groups in a particular industry.

The parties also considered that litigation would likely hinder sustainable relationships between native title groups and other parties.

The structure long predates recognition of native title and has no clear accountability to native title groups.

In mid 2000, the SA Government provided $ 870,000 to the ALRM to facilitate decision - making by native title groups about participation in the proposed state - wide negotiations.

Meanwhile greater transparency on issues such as structure and technical content can assist other native title groups entering into future negotiations.

The Court will continue to interact with Indigenous communities and community leaders, including Aboriginal Legal Services, health liaison officers, Native Title groups and the like.

I support Government initiatives to assist native title groups to negotiate beneficial agreements and improve governance structures.

The whole notion of contractual membership where you have to get each member to sign something requesting to become a member, and then having the Board of Directors say yes or no, seems to be completely out of kilter with the notion of native title groups; you're either a member or you're not in terms of the rules that apply under traditional law and custom.

It is important that there is appropriate consultation and recognition of the interests of the native title groups who are at the receiving end of NTRB services.

The decision of the Full Federal Court in the Croker Island case is analysed in the Report as an example of how the legal system imposes severe limitations on the recognition of traditional fishing rights and the spiritual connections that exist between the Indigenous native title groups and the sea.

Alternatively, the Government could explore options for developing limited markets for particular commercial activities, such as trade within and between particular native title groups in a particular industry.

ILUAs are voluntary agreements between native title groups and others about the use and management of land and waters.

The under funding of bodies such as Prescribed Bodies Corporate (PBCs) and Native Title Representative Bodies (NTRBs) in the native title system has proved detrimental to the interests of Indigenous native title groups.

There is no formal policy on climate change economic development and native title groups as yet.

I agree with the views expressed in the consultation paper that it is necessary to ensure appropriate governance arrangements for managing the outcomes for native title groups.

The formulation of policy in this way, through transparent, representative processes, shows a commitment by the South Australian government to facilitating the native title groups» development objectives.

The South Australian Government, Farmers Federation and Chamber of Commerce are working with native title groups and the representative body, Aboriginal Legal Rights Movement, to establish a state - wide framework agreement in which an enormous range of issues, including, native title determinations, access agreements, service provision, public health, heritage protection, intellectual property rights, water management, environmental management infrastructure, heritage clearance and notification procedures are on the table.

The development of the various protocols and processes through effective consultation and negotiation with Indigenous groups and relevant stakeholders ensures that land usage that affects native title groups can be managed to the advantage of all parties.

Large mining companies have come to the negotiation table with a template ILUA, which native title groups have seen as a «poor deal».

The template that arose from the process outlined above will form the basis of individual ILUAs between local governments and native title groups.

For example, Central Queensland Land Council said that its resources would only allow it to hold annual meetings of native title groups for purposes of authorizing agreements within its region.

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.

They allow for individual native title groups, government and industry to negotiate agreements that are appropriate to their circumstances and which respect Indigenous peoples» rights to effective participation in decisions affecting themselves, their lands and territories.

There were two competing native title groups in relation to the land and waters in and around the township of Broome in Western Australia.

Insufficient levels of funding also inhibits NTRBs carrying out activities that could assist native title groups to use their rights to better economic advantage or engage with the mainstream economy.

Yindjibarndi people attended an authorisation meeting for a proposed indigenous land use agreement (ILUA) between Rio Tinto Iron Ore and the native title group members on June 18th 2013.

The PBC would not be required to notify, consult with, or obtain consent from, the native title group except in the first instance.

Provide for the development of the native title group's capacity to set, implement and achieve their development goals;

Inalienability (or prohibition on sale) is a feature of native title that flows from the traditional laws and customs of the native title group; it is not imposed by government.

One respondent cautioned against using the corporate structure of a PBC for anything other than holding native title, such as commercial enterprise, because although the NTA protects native title rights and interests held by the PBC from liability incurred by the body corporate, the non-native title assets of the PBC, of individual members and of the broader native title group could be at risk if the PBC was wound up for any reason.

The administrative requirements of the ACA Act are overly burdensome, meaning that resources are consumed by actions that do not progress the strategic interests of the native title group.

Like the issue in relation to benefits, membership of a native title group should be decided according to the customary laws of the Indigenous group.

NTRBs need increased capacity to enable them to assist the native title group build their own.

Certain types of Indigenous Land Use Agreements (ILUAs) may be negotiated with the native title group or individuals without there being a corporate structure in place.

[28] There is mutual benefit to parties to a native title agreement including some level of definition of the membership of the native title group.

In practice, this means that where, for example there are low impact cultural heritage matters, the PBC gains authorisation from the native title group to approve that act on all future occasions.

If the design of the PBCs is determined by the composition of the native title group, then there can not be a one size fits all funding allocation.

That is, comprehensive agreement making should be a process that develops the native title group's capacity to understand and manage their native title rights and negotiate on their own behalf.

The PBC would have a limited role in decision - making, instead focusing on communicating between the native title group and third parties.

As set out in the second principle listed above the agreement making process should provide for the development of native title group's capacity to set, implement and achieve their own goals.

This limits their ability to proactively engage with governments and third parties about development on their land and to strategise ways of using their native title rights for the economic benefit of the native title group or larger community, where desired.