Within the native title system the Native Title Representative Body has primary responsibility for assisting traditional owners in native title negotiations and are well placed to facilitate capacity development
within traditional owner groups.
The greatest challenge in this process is developing the governance structures
within the traditional owner group to carry this responsibility.
This in turn allows for gradual capacity development
within the traditional owner group.
Sufficient resources are needed to enable capacity building both
within the traditional owner groups and also in those parts of the native title system on which these groups depend.
Bringing them home notes the consequent difficulties for members of the Stolen Generations being able to be recognised
within traditional owner groupings (such as being custodians of native title or holders of title under land rights legislation).
In some areas, representational structures do not exist
within traditional owner communities, and people need time to adjust to the process and develop the appropriate skills.
Native title negotiations provide an opportunity to begin a process of promoting these rights
within traditional owner communities.
Sufficient resources are needed to enable capacity development
within traditional owner groups and those parts of the native title system on which these groups depend (particularly NTRBs and PBCs).
Many were concerned that managing the corporate structures prescribed under the NTA drew attention and resources away from building strong cohesive governance
within the traditional owner group itself.
Not exact matches
The Commonwealth Environmental Water Office regularly attends community forums, events and committees
within the catchments and we are continuing to forge local partnerships that allow community groups, including Aboriginal
Traditional Owners, to help shape the regional planning and management of environmental water delivery over the long term.
TIFIA's current governance structure
within DOT provides policymakers discretion to adapt Federal credit assistance to the demands of new and
traditional transportation infrastructure
owners and investors, while subjecting the program to congressional and executive oversight.
With the decentralized nature of blockchain tech, the
traditional hierarchical structures associated with organizations that fall
within a centralized platform, such as single ownership, leader, trust, and headquarters, are no longer applicable.For instance, web service providers support account structures that can only cater to a centralized, single
owner structure, with
The direct transfer of assets from the custodian of the
Traditional IRA to the different custodian of the Roth IRA is not discussed at all in the
Traditional IRA chapter of Publication 590a but the chapter does say that the IRA
owner can take a distribution from a
Traditional IRA and
within 60 days, roll it over into a Roth IRA, and not have to pay the 10 % penalty for taking an early distribution from the
Traditional IRA (assuming, of course, that the IRA
owner is young enough that the early withdrawal penalty is applicable).
In addition there are solutions for rental property
owners, financing options for self - employed people and alternative financing for those borrowers who do not fit
within traditional offerings.
For daytime use only, and not for permanent, overnight or extreme weather use, Border Collie Rescue is happy to accept an additional option of an outside
traditional kennel
within a secure run, yard or enclosure where a dog may stay while it's
owners are absent for short periods or when it is appropriate for the dog to be placed away from hazards in a working environment.
Cape Tribulation lies
within Daintree Rainforest and is the last place in Australia that contains extensive stands of lowland rainforest and is home to the
traditional owners of the Eastern Kuku Yalanji Aboriginal people.
Some
owners of
traditional long - term care insurance policies have seen their premiums double
within the past several years as care costs have surpassed insurance companies» projections.
Integrating the structures that represent native title holders into broader community and regional structures would enable greater co-ordination between the economic and social benefits accruing to the various groups
within the community, including the
traditional owner groups.
Within native title negotiations, this requires that
traditional owners play a central role.
With answers to these questions, governments can work, in partnership with
traditional owners and the communities they live
within, towards these shared goals.
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.
Lack of time
within the native title process to both satisfy the NTA and help
traditional owners develop capacity was identified as a fundamental obstacle.
The consultations confirm that identifying the
traditional owner group
within a native title system that is directed to their economic and social development must take account of these two factors.
In particular, SWALSC are seeking recognition that Noongar are the
traditional owners of the south west region; and economic development opportunities so that Noongar can benefit
within the regional economy.
Integrating local and regional planning can also provide a number of ways to approach divisions between groups
within a community, including divisions between
traditional owners and those with historical links to the same land.
This means that the native title process takes place largely
within a legal framework, with legal tests establishing the threshold for the commencement of negotiations between a
traditional owner group and the government, and legal definitions of rights determining the outcomes that may be achieved.
Representative structures must include all the different families and factions
within a group and have authority to make decisions on behalf of the
traditional owner group.
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.
Approaches to regionalism, and
traditional owners» economic development
within that, are complex because of the large number of variables and parties involved.
The respondents who did discuss the issue focused on the difficulties of identifying goals
within the limited timeframes of the future act process and without
traditional owners having established a strong and stable decision - making structure.
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.
Conversely, SRAs and RPAs will need to take account of native title and the special role of
traditional owners within Indigenous communities in order to be effective and sustainable.
It provides a mechanism for divisions between different interest groups
within the community, including between
traditional owners and other Indigenous residents with an historical association with the land, to be discussed and resolved.
Within the native title context, this requires support for capacity development among
traditional owners from NTRBs, governments, companies and institutions such as the NNTT and Federal Court.
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.
Rio Tinto has provided two scholarships for candidates to undertake postgraduate study in mining law and policy on the condition that the recipients commit to working
within the NTRB system for at least two years after the study.68 This program, which is an initiative flowing from the NTRB lawyer professional development project currently being undertaken under the auspices of the Castan Centre for Human Rights Law at Monash University, is an invaluable way of increasing the experience and capacity available to
traditional owner groups through NTRBs.
The ATSIS Native Title Capacity Building project is consistent with a capacity building approach as it aims to build capacity
within NTRBs, addressing priority areas: corporate and cultural governance, management and staff development, native title technical training, collaborative training and research / applied capacity building.7 While these areas are essential for the effective operation of NTRBs, the capacity building program does not aim to build the capacity of the
traditional owner group.
A good process of decision making should empower
traditional owners, not confuse or undermine the way decisions are made
within the group.
Respondents grappled with the role and significance of
traditional owner groups
within regions or regional economies.
Traditional owners» development initiatives occur
within a system of interrelated levels and understandings, including the local, regional, state, national and international levels.
Implementing capacity development through the processes available
within the native title system requires a significant change of approach, not just by government but also by
traditional owners individually and
within their group and their representatives.
Relocating control of the development process to the
traditional owner group requires capacity
within the group to set, implement and achieve development goals.
This has also caused extreme stress and conflict
within both of these
traditional owner groups and clearly demonstrates how the native title process can contribute to lateral violence.
recognises Indigenous governance
within their
traditional lands including recognition of native title holders as
owners or joint -
owners and managers of the land
(4) It was also discussed in Chapter 3 how many state Governments are conducting native title negotiations
within this narrow legal framework by focusing primarily on the settlement of native title claims rather than the economic and social development of the
traditional owner group.
While the Commonwealth has failed to envisage a development role for native title, the opportunity exists
within native title negotiations and agreement - making to build the governance models necessary to achieve sustainable development for the
traditional owner group.
I am concerned that this process would place the onus upon under - resourced
Traditional Owners and RNTBCs to assess the proposed act, and request to be consulted,
within a short timeframe.
Within these parameters it is likely that a range of different management models will be required to satisfy the distinct social and cultural identities of Western Australia's Aboriginal
traditional owner groups.
However, the Queensland Government assert that while a declaration under the Wild Rivers Act may affect the management plan (or IMA) for a national park
within the proposed area, it will have no impact on
traditional owners» participation in the development of national park management plans.
The process of publicly identifying and defining Victoria's native title or
Traditional Owner groups has sometimes created new disputes or added fuel to existing ones
within the Indigenous community.