Can the recognition
of traditional ownership contribute in a sustainable way to the economic and social development of the community?
It could also provide a mechanism through which the court and governments could formally
recognise traditional ownership, even in cases where native title was not determined to exist for one reason or another.
It also provides invaluable opportunities for economic and social development based
on traditional ownership of land integrated with the broader community's aspirations, through positive and productive relationships with external businesses and governments.
Questions that could provide long term policy direction to native title include; what is the role of
traditional ownership in the cultural identity of the community?
He has suggested that the Federal Court should be empowered to make a declaration
about traditional ownership based on descent, and without needing to find continuous observance of laws and customs, or to make orders about particular uses of the land.
Unlike traditional ownership - driven digital models, where the content is paid for up - front in full and then loaned to patrons over time, pay - per - use has no up - front costs at all.
In Northern Territory the longstanding recognition of
traditional ownership as a basis for legally recognised rights and interests in land has contributed to a relationship of trust between the present government and those representing the interests of native title claimants, the Northern Land Council and the Central Land Council.
The determination recognises the Gunaikurnai people's
traditional ownership across much of Gippsland, including rights to some 22,000 square kilometres of lands.
However, if such amendments are not made and native title determinations remain elusive to the majority of Aboriginal and Torres Strait Islander peoples, the Government should consider and consult on how other mechanisms can
acknowledge traditional ownership.
ATSIS is focusing NTRBs more directly onto «native title outcomes», restricting the scope for NTRBs to engage in matters such as heritage and other issues that may be important to
traditional ownership interests.
In an attempt to overcome this significant issue, Mr Wilcox has raised the idea of allowing courts to recognise
traditional ownership when the claimants fall short of proving native title.
The agreement between the Thamarrurr Regional Council in Wadeye, Northern Territory, the Commonwealth and the Northern Territory government provides a model of
how traditional ownership and goals for achieving economic and social development within Indigenous communities can be linked.
McLaren Vale's extensive natural and cultural heritage spans over thousands of years
of traditional ownership by the Kaurna people and recently, has been shaped by European colonisation.
And in the life sciences, researchers are now demanding that their work be included in at least one free central electronic archive of published literature, challenging
the traditional ownership of publishers.
With a points - based system, owners have more flexibility than with
a traditional ownership.
We spent four years facilitating meetings between community members and government, seeking a solution that involved all stakeholders and respected
the traditional ownership rights of local communities.
However, another alternative would be to tie in rights to revitalisation of culture with another form of recognition of
Traditional Ownership, as discussed in chapter 2 of this Report.
For these vulnerable witnesses, there is a Catch - 22 cleavage: if you are articulate, you appear less traditional; if you are inarticulate, you may appear traditional, but it is difficult for the tribunal to assess your claim to
traditional ownership of land.