Our survey questions were designed to identify the degree of
traditional owner understanding of the policy and legislative contexts of land use agreements, as well as ascertaining the extent of their knowledge about programs and funding to support land agreements.
CHART 7: RESOURCES REQUIRED TO IMPROVE
TRADITIONAL OWNER UNDERSTANDING OF LAND AGREEMENTS Source: HREOC National Survey on Land, Sea and Economic Development 2006
CHART 5:
TRADITIONAL OWNER UNDERSTANDING OF LAND AGREEMENTS Source: HREOC National Survey on Land, Sea and Economic Development 2006
It is evident from these survey findings that an information campaign is required to improve
traditional owner understanding of land regimes and their associated agreement requirements.
This is through the requirement that in carrying out any action regarding Aboriginal land, land councils must be satisfied that
the traditional owners understand the nature and purpose of the proposed action, and, as a group, consent to it (s. 23 (3)(a)-RRB-.
For example, in Queensland, the Ministerial appointment of trustees to hold land on behalf of Aboriginal people, and trustee decisions to grant leases or other interests in land, must as far as possible be made in accordance with Aboriginal tradition or an agreed decision - making process.50 In the Northern Territory, a lease can not be granted unless the relevant Land Council is satisfied that
the traditional owners understand the nature and purpose of the proposed grant and, as a group, consent to it.51 This consent must be given in accordance with either an agreed or a traditional decision - making process.52
As a result,
the traditional owners understand the complexities of native title issues and are able to make decisions with little involvement from the NTRB.
Time and attention needs to be given to ensuring
traditional owners understand their rights and interests within the native title system, such as procedural rights to comment on or object to future act processes under the future act regime, the right to negotiate in relation to the grant of mining permits, the exercise of native title rights, and the right to protect such rights from breach through common law remedies.
Other NTRBs have been aiming to develop traditional owner capacity through the establishment of stable decision making processes and structures; and extensive consultation processes to improve
traditional owners understanding of their rights and interests.
At the domestic level, the principle of free, prior and informed consent is built into the existing ALRA through the requirement that in carrying out any action regarding Aboriginal land, Land Councils must be satisfied that
the traditional owners understand the nature and purpose of the proposed action, and, as a group, consent to it.9
A lease can not be granted unless the relevant Land Council is satisfied that the group of
traditional owners understand the nature and purpose of the proposed grant and, as a group, consent to it.97 This group consent need not be unanimous by must be given in accordance with either an agreed or a traditional decision - making process.98 This requirement is a fundamental aspect of the whole scheme of the ALRA (NT): decisions can not be made about Aboriginal land unless traditional owners have given their informed consent.
Not exact matches
When you consider the
traditional weeks - long process and reams of documents associated with a
traditional loan application, a simple, easy - to -
understand, online loan application makes a lot of sense for time - crunched small business
owners.
Unlike
traditional lenders, Prospa
understands small business
owners need faster finance solutions — so you can make decisions quickly and seize opportunities with total confidence.
As ACH direct debits become a more popular way for both
traditional lenders and online lenders to accept periodic payments, it's important for business
owners to
understand what that entails, the opportunities it might provide in terms of additional loan options, and help them position their cash flow needs in such a way to accommodate the often more - frequent - than monthly payment terms.
When you consider the
traditional weeks - long process and reams of documents associated with a
traditional loan application, a simple, easy - to -
understand, online loan application makes a lot of sense for time - crunched small business
owners.
Dr Bruce teaches to small groups of pet / horse
owners about
Traditional Chinese Medicine and Food Therapy so that they can make the right choices for their animals, this course empowers
owners to know more about this Holistic Medicine and to
understand the treatments given to their pets or horses.
@James Farrell The science of scarcity seems to be mostly applied to pricing and distributing scarce resources not managing the ongoing renewable supply of them or
understanding their cultural importance (
traditional land
owners).
Our Internet attorneys
understand how courts are handling
traditional legal issues in the online space and how to access back - end data, track down anonymous web site
owners and online publishers.
There is growing recognition amongst NTRBs that
traditional owners need to develop their capacity so they can
understand and manage their native title rights and also to achieve their economic and social goals.
The responses from NTRBs implied that it was crucial that the representative structure had widespread support, was
understood by
traditional owners and was considered a legitimate decision - making body.
NTRBs are the principal means through which non-Indigenous parties engage with a
traditional owner group before a determination of native title, and they have specific statutory functions that assist non-Indigenous parties to do this.179 As I suggested in my Native Title Report 2004, an untapped opportunity exists to harness the expertise, established community links and relationships with developers, cultural
understandings and familiarity with remote areas within NTRBs, to build Indigenous capacity and develop creative businesses based on rights to country.
The survey results demonstrated that the majority of
traditional owners did not have a sufficient
understanding of land agreements.
Options that were suggested in the consultations to minimise the effects of the problems listed above include: clear explanations and educational material so
traditional owners can
understand the native title process; providing opportunities for
traditional owners to get to know one another outside of meetings - this may just include starting a meeting a day later while families arrive and spend time with one another; and developing the skills and knowledge of NTRB staff by supporting staff training and development and; promoting staff retention and career development.
Traditional owners» development initiatives occur within a system of interrelated levels and
understandings, including the local, regional, state, national and international levels.
While the subject of native title negotiations may be quite different, ranging from consent determinations, agreements ancillary to a determination, to agreements which do not include a native title determination, the relationship between these three levels of negotiation is clarified by
understanding their common underlying purpose - the economic and social development of the
traditional owner group.
The Western Australian Government and the Miriuwung Gajerrong
Traditional Owners signed a Memorandum of
Understanding (MOU) to deal with land issues in the Kununurra area.
The memorandum of
understanding (MOU) acknowledges the Waluwarra / Georgina River People as the
traditional owners of the area.
the
traditional Aboriginal
owners of the land
understand the nature and purpose of the proposed lease and, as a group, consent to it; and
The survey results demonstrated that the majority of
traditional owners did not have a good
understanding of land agreements.
Whilst the cultural economy is
understood by governments and others to describe the subsistence economy of the
traditional owners [76], the Indigenous Nations of the MDB «use cultural economy to express themes of ecological restoration and repair, using the logic of holism to connect ecology, culture and economy».
Traditional owners and their representative entities were asked to identify the three most significant factors preventing their
understanding of land agreements.
[133] The survey results demonstrated that the majority of
traditional owners did not have a good
understanding of agreements.
Only 25 % of
traditional owner respondents claimed an
understanding of agreements, while 60 % of their representative bodies claimed that
traditional owners were able to
understand agreements.
Our survey results demonstrate that the majority of
traditional owners do not have a good
understanding of land agreements as illustrated in Chart 5.
Doing the best I can, I
understand the witness to be saying that a non-Aboriginal person, who did not know of the
traditional Aboriginal law and thus would be unaware of the need to seek permission from the clan
owner, should be allowed to pass through.
Chart 5 also demonstrates that representative bodies are more likely to assume that
traditional owners have a good
understanding of land agreements than the
traditional owners are likely to claim for themselves.
A thorough research and consultation process, including full information about what a proposal entails (including losses or detriment as well as benefits) in a form that is
understood by
traditional owner groups, and the right to say no, is necessary to comply with the principle of free, prior and informed consent as well as to
understand whether changes will support intended outcomes.31 How changing title from communal to individual ownership through leasing will address other identified impediments to economic development such as inadequate infrastructure in remote areas, under - investment in education and healthcare, high levels of welfare dependency, high levels of un-employment and limited job opportunities and limited commercial opportunities is unclear.
1.4 A majority of
traditional owners do not have a good
understanding of the agreements on land.
traditional Aboriginal
owners in the Northern Territory first
understanding the nature and purpose of any amendments and as a group giving their consent; and
ensure that the
traditional owners of southern Queensland had access to information and
understood their obligations and responsibilities arising from their participation in the native title process
This will focus on research as a tool to support but not to determine agreement making and promotes
Traditional Owners»
understanding and access to research.
The top three reasons preventing
traditional owners from
understanding land agreements are (in descending order):
To properly carry out these roles and responsibilities,
traditional owners needed to develop their capacity to
understand the native title system;
understand their roles as family representatives and; have the skills, knowledge and confidence to represent their families in dealing with the NTRB, government and industry.
They noted that industry groups have gained a greater
understanding of the process of
traditional owner decision - making and
traditional owners have had the opportunity to learn about the issues affecting government decisions.
A survey conducted by the Aboriginal and Torres Strait Islander Social Justice Commissioner for the Native Title Report 2006 found that only 25 percent of
Traditional Owner respondents claimed an
understanding of land agreements they'd entered into, while 60 percent of responses from Representative Bodies claimed that
Traditional Owners were able to
understand the agreements.