Sentences with phrase «with traditional owner»

Confidentiality in mediation with Traditional Owner groups is complex, therefore confidentiality protocols should be negotiated between Traditional Owner groups upfront.

developing appropriate engagement protocols with traditional owner groups to improve our own internal decision - making processes

In these cases the future act provisions of the Native Title Act 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.

The amount of future acts that are received by the North Queensland Land Council (NQLC) is numerous which means meeting with traditional owner groups every day of the week.

In each State and the Northern Territory, consultants retained by the Commissioner interviewed officers from Native Title Representative Bodies and also various other organisations and people who had relevant experience of the Government's engagement with traditional owner communities.

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 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 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.

The list of issues however does not include the development of a policy direction for the negotiation of native title agreements, including those ancillary to a determination and those made with traditional owner groups which may not meet the legal tests established under the Native Title Act.

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.

Further, agreements with traditional owner groups who are unable to meet the legal tests for a native title determination or whose native title rights and interests have been extinguished by previous grants could nevertheless achieve similar outcomes through agreements that addressed development needs.

Implementation of the Aboriginal Heritage Act 2006 (Victoria) has continued this broad shift, with Traditional Owner groups being appointed as Registered Aboriginal Parties with cultural heritage management responsibilities for defined areas.

The context for government and third party engagement with traditional owner groups is often in pursuit of policy or commercial goals.

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.

This issue arose in nearly all the consultations, with most parties saying it was impossible to achieve outcomes consistent with traditional owner economic development within the current resourcing arrangements.

Third parties need to ensure that representatives engaging with traditional owner groups have the skills, ability and authority to negotiate on behalf of and bind the company or government department.

The proviso to the principle of self - identification promulgated by the CERD Committee, «if no justification exists to the contrary», allows the government to engage with the traditional owner group unless there are substantial disputes, overlapping claims or justifiable uncertainty in relation to the identification of the traditional owner group.

For instance, some asked why an agreement (e.g., for mining or exploration leading to economic development for the traditional owner group) should be made only with a traditional owner group, or with their interests paramount.

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.

Connection reports have arisen as a method of facilitating a negotiated outcome to native title proceedings while at the same time satisfying government that they are dealing with the traditional owner group for the area that who would be entitled to rights under the law of native title.

The requirement in Australia for corporations to be created to administer government funding to and engage with traditional owner groups ignores the existing polity or governance of traditional owner groups and may not support «a cohesive identity» for Indigenous peoples.

Yet if these tests do not satisfy the requirement of Indigenous people, that the process reflects the processes that command respect and authority within their community and the requirement of non-Indigenous people wishing to engage with traditional owner groups then they will not provide a basis for the economic and social development of the traditional owner group.

The event provided an opportunity for the Murray Darling Wetlands Working Group to work with the traditional owners to manage ecological outcomes from the watering event, including those of cultural significance.

Students can read all of the books in the world and be told stories many times over, but they will never learn the importance of connecting with our traditional owners until they step into their world and their classroom.

The next two days are spent visiting various clan estates with traditional owners seeing and experiencing a variety of country ranging from rocky uplands through woodland and floodplains, and onto beaches and mangroves.

In this Wet Tropics World Heritage Area there are 18 Rainforest Aboriginal tribal groups, with the Traditional Owners being the Eastern Kuku Yalanji Aboriginal people.

We recognise that we share this land with the traditional owners and custodians.

Although the underlying title stays with the traditional owners, in the circumstances such arrangements potentially can be the de facto equivalent of a transfer of freehold title.

With answers to these questions, governments can work, in partnership with traditional owners and the communities they live within, towards these shared goals.

However, governments and third parties should commence negotiations with traditional owners and work with them to identify their goals prior to or concurrently with a connection report being completed, unless there are substantial disputes about group identity.

provide resources and funding on a basis agreed with traditional owners and custodian to undertake heritage assessments and develop management plans on the basis of the agreed standards; and

It is my goal over the coming year to explore ways in which governments, native title institutions and other stakeholders can contribute to this process in partnership with traditional owners.

Greater involvement of local government bodies will be critical to the success of engagement with traditional owners in the development of economic and social initiatives.

This high level of Indigenous input gives the resulting document greater legitimacy with traditional owners.

Charge a fee for service to Government agencies and non-government agencies e.g. for services such as mediation for private / government sector with traditional owners

This was perceived to lead to a situation where governments could choose the group they want to deal with, enabling them to avoid dealing with NTRBs and engage directly with traditional owners.

First that the process of identifying the group gives confidence to Indigenous people by reflecting the traditional ways of defining who has rights to country, and second, that it gives confidence to those seeking to develop productive partnerships with traditional owners that their dealings and investments will not be undermined in the future by claims from other groups and individuals.

The NTRB acknowledged the legal and political strength of the pastoralists» position in negotiating for the upgrade but emphasised that, for a durable relationship with traditional owners of the area, pastoralists should recognise and respect those areas of particular cultural or spiritual significance.

This could be done, for example, by employing business development advisers to identify and build on commercial opportunities with traditional owners, or community development officers to assist traditional owners to work towards their social development goals.

Identifying the traditional owner group is important both for the group and third parties wanting to deal with traditional owners.

One NTRB expressed surprise at government negotiators wanting to establish direct relationships with traditional owners when other agencies of government will actually have the long - term relationship.

Native title negotiations provide governments with an opportunity to engage with traditional owners on a broad range of issues and goals.

This is because governments and companies seeking to work in partnership with traditional owners need to be confident that they are dealing with «the right people».

Respondents raised many interesting and challenging issues, drawn from their experiences working with traditional owners to establish good governance structures and processes.

The EDTL may be required to consult with the traditional owners or community members, but can not be required to follow their directions or obtain their consent.

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.

I want to thank the government for creating dialogue with the traditional owners in Victoria.

The Commission also considers that negotiation with traditional owners should not be confined to the processes established under the Native Title Act.

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

[34] As the Yamatji Marpla Aboriginal Corporation (YMAC) emphasised to me, NTRBs and NTSPs need to consult with Traditional Owners before providing submissions to government processes on their behalf.