Toni Bauman and Cynthia Ganesharajah, ‘Second National Meeting of Registered Native Title Bodies Corporate, Melbourne 2 June 2009’, Native Title ResearchReport, 2/2009.
http://ntru.aiatsis.gov.au/publications/reports%20and%20other%20pdfs/FINAL_RNTBCMeetingReport.pdf

Kingsley Palmer, ‘Societies, Communities and Native Title’, Land, Rights,Laws: Issues of Native Title, vol.4, no.1, 2009.
http://ntru.aiatsis.gov.au/publications/2009/Issues%20Papers/IssuesPaperVol4No1.pdf

Simon Young, ‘Native Title in Canada and Australia post-: Shared Thinking or Ships in the Night?’, Land, Rights, Laws: Issues of Native Title,vol.4, no.2, 2009.
http://ntru.aiatsis.gov.au/publications/2009/Issues%20Papers/IssuesPaperVol4No2.pdf

Justice J.A. Dowsett, ‘Beyond Mabo: understanding native title litigationthrough the decisions of the Federal Court’, paper delivered to LexisNexis Native Title Law Summit, 15 July 2009.
http://www.fedcourt.gov.au/aboutct/judges_papers/speeches_dowsettj2.html

National Native Title Tribunal, Guide to Sources of Assistance and Funding for Prescribed Bodies Corporate, July 2009.
http://www.nntt.gov.au/Publications-And-Research/Tribunal-Research/Documents/Guide%20to%20Sources%20of%20Assistance%20and%20Funding%20for%20Prescribed%20Bodies%20Corporate.pdf

National Native Title Tribunal, Guide to Australian Government Funding Sources,July 2009.
http://www.nntt.gov.au/Publications-And-Research/Tribunal-Research/Documents/Guide%20to%20Australian%20Government%20Funding%20Sources.pdf

Graeme Neate, ‘Negotiating comprehensive settlement of native title claims’, paper delivered to LexisNexis Native Title Law Summit, 15 July 2009.
http://www.nntt.gov.au/news-and-communications/speeches-and-papers/pages/negotiating_comprehensive_settlements_of_nt_claims.aspx

Juanita Pope and Toni Bauman (eds), ‘ "Solid work you mob are doing" :Case studies in Indigenous Dispute Resolution and Conflict Management in Australia’, Report to the National Alternative Dispute Resolution Advisory Council by the Federal Court of Australia’s Indigenous Dispute Resolution& Conflict Management Case Study Project, 2009.
http://ntru.aiatsis.gov.au/major_projects/indigenousdecisionmaking

Patrick Sullivan, ‘Policy change and the Indigenous Land Corporation’, AIATSIS Research Discussion Paper 25, 2009.
http://www.aiatsis.gov.au/research/discussion.html

Australian Government, Reform of Indigenous heritage protection laws :Improving protection for Indigenous traditional areas and objects, Departmentof Environment, Water, Heritage and the Arts, Australian Government, Canberra,2009.
http://www.environment.gov.au/heritage/laws/indigenous/lawreform
This discussion paper canvasses possible reforms to the legislative arrangementsfor protecting traditional areas and objects, specifically the Aboriginaland Torres Strait Islander Heritage Protection Act 1984 (Cth) (ATSIHP Act).The aims of the reform are twofold. First, to ensure that Indigenous Australianswill have the best opportunities to protect their heritage. This could bedone by using existing processes such as native title to secure agreementson heritage protection. Second, to cut duplication and red tape by establishinga nationally consistent approach to protecting Indigenous heritage basedon best practice standards.

Western Australian Government, Review of Approvals Processes in Western Australia, Industry Working Group, Western Australian Government, Perth,2009.
This report provides a two phased approach to improving approval processesin Western Australia. Phase one recommendations are essentially administrativeand can be addressed without legislative change. Phase two recommendationsrequire legislative change. The report stresses that the need to addressand change the present flawed and complex approvals system is critical,and the time for implementing phase one recommendations is now.Chapter 3 discusses native title and provides a case study example. Ther eport notes that the effective and efficient administration of the processes contemplated by the Native Title Act 1993 (Cth) is critical for the developmentof projects in remote and regional Western Australia. Most of the (reported)major native title agreements benefit a relatively small number of Aboriginal people and a few groups have received (and continue to receive) very largefinancial payments as a result of the development of multiple large projectswithin their claim areas. The report acknowledges the critical role playedby the State.
http://www.dmp.wa.gov.au/documents/Review_of_Approval_Processes>

Policy Change and the Indigenous Land Corporation - by Patrick Sullivan(2009) (PDF, 423kb) http://www.aiatsis.gov.au/__data/assets/pdf_file/10746/AIATSIS_DP_25.pdf

Indigenous Land Corporation should be more accountable: Sullivan
http://www.aiatsis.gov.au/__data/assets/pdf_file/10747/2009_0907_ILCReport.pdf

Local Indigenous talent to shine at NAIDOC gig
http://www.aiatsis.gov.au/__data/assets/pdf_file/10744/2009-0807_NAIDOConthePeninsula.pdf

Bilingual the best way to learn English: AIATSIS Symposium
http://www.aiatsis.gov.au/__data/assets/pdf_file/10701/2009_2506_Bilingual.pdf

Bilingual education symposium to discuss NT policy
http://www.aiatsis.gov.au/__data/assets/pdf_file/10687/2009_2306_Bilingual_media.pdf

10th Annual Native Title Conference - 2009 Mabo Lecture
http://www.aiatsis.gov.au/__data/assets/pdf_file/10633/MaboLecture_2009x.pdf

Scoping Process Issues in Negotiating Native Title Agreements - by Delwyn Everard (2009) http://www.aiatsis.gov.au/__data/assets/pdf_file/10742/DiscussionPaper_23.pdf

Armstrong, R. 2009. An overview of Indigenous rights in water resource management, Revised: Onshore and offshore water rights discussion booklets, Prepared by the Lingiari Foundation and North Australian Indigenous Landand Sea Management Alliance. Available at: http://www.nailsma.org.au/publications/indigenous_water_rights.html
http://www.nailsma.org.au/publications/indigenous_water_rights.html

Department of Justice, Report of the Steering Committee for the Developmentof a Victorian Native Title Settlement Framework, Department of Justice, Victorian Government, Melbourne, December 2008. Available at: http://www.justice.vic.gov.au/wps/wcm/connect/DOJ+Internet/resources/file/ebf9a00adc6c233/FINAL%20SC%20Report%2013May09.pdf
http://www.justice.vic.gov.au/wps/wcm/connect/DOJ+Internet/resources/file/ebf9a00adc6c233/FINAL%20SC%20Report%2013May09.pdf

Gaps in Australia's Indigenous Language Policy: Dismantling bilingualeducation in the Northern Territory - by Jane Simpson, Jo Caffery and PatrickMcConvell (2009) (PDF, 325kb)

http://www.aiatsis.gov.au/__data/assets/pdf_file/10704/Simpson_et_al_2009_DP_24.pdf

Bilingual education symposium to discuss NT policy
http://www.aiatsis.gov.au/__data/assets/pdf_file/10687/2009_2306_Bilingual_media.pdf
Media are invited to attend a one-day symposium on Bilingual Education in the Northern Territory and an evening reception hosted by the Australian Institute of Aboriginal and Torres Strait Islander Studies this Friday 26 June in Canberra.

The symposium will feature presentations by Aboriginal and Torres Strait Islander Social Justice Commissioner Mr Tom Calma, Professor Joseph Lo Bianco, linguists, researchers and community members from Yirrkala, Areyonga and Yuendumu in the Northern Territory.
At the evening reception, AIATSIS Chairperson Professor Mick Dodson will launch Gaps in Australia’s Indigenous language policy: Dismantling bilingual education in the Northern Territory - an AIATSIS Discussion Paper by Dr Jane Simpson (Sydney University), Dr Patrick McConvell (ANU) and Dr Josephine Caffery (ACU).

Conference explores Aboriginal land justice in Victoria
http://www.aiatsis.gov.au/__data/assets/pdf_file/10637/2009_0306_NTC_2.pdf

10th Annual Native Title Conference - 2009 Mabo Lecture
http://www.aiatsis.gov.au/__data/assets/pdf_file/10633/MaboLecture_2009x.pdf http://www.aiatsis.gov.au/__data/assets/pdf_file/10630/2009_0306_NTC.pdf

'Renaming the Land' - the Voss journey begins at AIATSIS
http://www.aiatsis.gov.au/__data/assets/pdf_file/10588/2009_1305_Voss.pdf
http://www.aiatsis.gov.au/__data/assets/pdf_file/10587/2009_1105_ICTAustlang.pdf

Indigenous Australians come to Canberra to share their knowledge and experiences
http://www.aiatsis.gov.au/__data/assets/pdf_file/10255/20092801_mrSeminarSeries.pdf
http://www.aiatsis.gov.au/__data/assets/pdf_file/10226/2009_2501_Dodson.pdf

Smoking ceremony to open 10th Annual Native Title Conference
http://www.aiatsis.gov.au/__data/assets/pdf_file/10630/2009_0306_NTC.pdf

Native Title holders call for national peak body
http://www.aiatsis.gov.au/__data/assets/pdf_file/10629/2009_0206_NTC.pdf

'Renaming the Land' - the Voss journey begins at AIATSIS
http://www.aiatsis.gov.au/__data/assets/pdf_file/10588/2009_1305_Voss.pdf

AIATSIS Update

Australia Brown v State of South Australia [2009] FCA 206
This case was a native title determination application. There were two issuesin the case. First, was the group identified in the application a nativetitle claim group under section 61 of the Native Title Act 1993 (Cth) (‘NTA’). It was held that the applicant’s family group was not a native title claimgroup but rather a subgroup or a group larger than specified in the application.Second, was the applicant authorised by the native title claim group tomake the application. On this point it was found that the applicant didnot meet the authorisation requirements under section 251B. For these tworeasons the native title determination application was struck out undersection 84C NTA.InternationalCarrier Sekani Tribal Council v. British Columbia (Utilities Commission), 2009 BCCA 67In this case the broad general principles of the Crown’s duty to consultand, if necessary, accommodate Aboriginal interests were applied to a concreteset of circumstances.Kwikwetlem First Nation v. British Columbia (Utilities Commission), 2009 BCCA 68This appeal under s. 101 of the Utilities Commission Act, R.S.B.C. 1996,c. 473, questions British Columbia Utilities Commission’s approach to theapplication of the principles of the Crown’s duty to consult about and,if necessary, accommodate asserted Aboriginal interests on an applicationunder s. 45 of that Act, for a certificate of public convenience and necessityfor a transmission line project proposed by the respondent, British ColumbiaTransmission Corporation.William v. British Columbia (HMTQ), 2009 BCCA 83In this case a trial judge’s stay was lifted on appeal proceedings aftera very long Aboriginal claims trial. Trial judge's order raises issues ofpublic interest and of importance to Aboriginal law. Settlement discussionsamong the parties, unsuccessful after a year can, continue while the appealmoves forward.Wolfchild v. U.S. 2008 CAFC 5018The court determined that self-described "lineal descendents" of the LoyalMdewakanton Dakota are not owed money for land promised to their ancestorsin the late 1800s.The Native Title Research Unit also maintains an ILUA summary which provideshyperlinks to information on the NNTT and ATNS websites
http://ntru.aiatsis.gov.au/research/ilua_summary.pdf

Native title in the News
http://ntru.aiatsis.gov.au/Public/webdata/ntru/publications/nativetitle_news.html
Burnside, S, ‘We’re from the mining industry and we’re here to help: theimpact of the rhetoric of crisis in future act negotiations’, AustralianIndigenous Law Review, vol.12, no.2, 2008, pp.54-66.See the Aurora Project: Program Calendar for information about Learningand Development Opportunities for staff of native title representative bodiesand native title service providers. http://www.auroraproject.com.au/Learning&Development.htm

NTRU events calendar

AIATSIS releases

Holocene Pty Ltd/Western Australia/Western Desert Lands Aboriginal Corporation(Jamukurnu – Yapalikunu) [2009] NNTTA 8 Future act determination application concerning a proposed mining lease.A primary issue was whether the grantee party had negotiated in good faith.There was an in principle agreement and the grantee party was not requiredto further negotiate about agreed commercial terms. A second issue waswhether the grantee party agreed to pay negotiation costs of native titleparty. An unreasonable demand for the native title party to execute agreementwas not fatal as the conduct is to be judged from negotiations overall.The court held that the grantee party had negotiated in good faith. http://www.austlii.edu.au/au/cases/cth/NNTTA/2009/8.html

Quall v Northern Territory of Australia [2009] FCA 18 (19 January 2009) http://www.austlii.edu.au/au/cases/cth/FCA/2009/18.html

Application under O 20 r 4 for summary dismissal. The native title determinationapplication claim area split into areas A and B and earlier determinationthat no native title exists for area A because the traditional Aboriginalsociety that existed at sovereignty had a substantial interruption in acknowledgementand observance of traditional laws and customs. Issue estoppel was consideredregarding whether an earlier determination decided what the relevant Aboriginalsociety was at sovereignty. Whether this was an abuse of process becausethere was a failure to claim particular Aboriginal society possessed nativetitle rights and interests in earlier proceedings and because there wasan attempt to pursue that claim in proceedings for area B.See the National Native Title Tribunal Website: ILUAs
http://www.nntt.gov.au/Indigenous-Land-Use-Agreements/Pages/default.aspx

‘Native title litigation reform’ (2008) 8 Native Title News12, 193-195.Jason Behrendt ‘The Wellesley Sea Claim and the gap between Indigenous seacultures and native title recognition’ (2008) 2 Ngiya: Talk the Law 2, 2-16.Jeswynn Yogaratnam ‘Mabo: whistle blowing the state government on nativetitle in Malaysia’ (2008) 33 Alternative Law Journal 4, 240-243.Aboriginal Affairs Victoria. Review of the Aboriginal Heritage Regulations2007
http://ntru.aiatsis.gov.au/publications/2009/whatsnew/whatsnew_feb09.pdf

The Aboriginal Heritage Act 2006 (‘the Act’) commenced operation on 28 May2007. The commencement of the Act proceeded as soon as practicable afterthe completion of the Regulations. This new legislation substantially changedthemanagement and protection of Aboriginal heritage in Victoria.Given the substantial change to the legislation, it was accepted that aperiod of operation was required before some aspects of the Regulationscould be reasonably evaluated. Firstly, the Regulatory Impact Statement(RIS) process had highlighted that the cost of the Regulations could onlybe accurately assessed after the Regulations had been in operation for aperiod. Secondly, the then Minister for Aboriginal Affairs wanted to ensurethat the list of High Impact Activities in the Regulations was sufficientlytargeted, and considered that an operational period may be needed to identifycorrections (if any) in this list. In addition to these issues, a reviewwas considered beneficial in assessing the effectiveness of the Regulationsin meeting the aims of the Act.This report sets out the results of the review of the Aboriginal HeritageRegulations 2007 (‘the Regulations’) conducted by Lily D’Ambrosio, ParliamentarySecretary, Community Development, and Aboriginal Affairs Victoria. The AllenConsultingGroup assisted with the review in terms of the evaluation of the Regulationsand the revised cost estimates.The program commences in September 2009. Rio Tinto NTRB Scholarships RioTinto is once again offering two scholarships to lawyers currently workingor interested in working at Native Title Representative Bodies (NTRBs) orNative Title Service Providers (NTSPs). Successful candidates will undertakea one-year Master of Laws (LLM) in Mineral Law and Policy at the Centrefor Energy, Petroleum and Mineral Law and Policy (CEPMLP) at the Universityof Dundee and must commit to work within an NTRB or NTSP for a minimum periodof two years upon their return. Candidates must be Australian citizensor permanent residents and reside in Australia and there is no age restrictionfor applicants. FaHCSIA provides an additional AU$15,000 towards the livingexpenses of those recipients of the scholarship who are working within theNTRB system at the time they receive the scholarship. Applications openfrom Monday 16th February through Friday 20th March 2009. Further informationcan be found at: www.auroraproject.com.au/RioTintoScholarships.htm Forfurther information on the LLM in Mineral Law and Policy Program pleasevisit: www.dundee.ac.uk/cepmlp/main/html/academic/FT-LLM%20and%20Diploma-Generic.php http://www.auroraproject.com.au/RioTintoScholarships.htm

Beyond Sandy Blight

Five Aboriginal experiences as staff on the National Trachoma and Eye Health Program

Jilpia Jones, Trevor Buzzacott, Gordon Briscoe,
Reg Murray and Rose Murray

AUSTLANG helps keep Indigenous languages alive

An innovative online resource is now available to support the preservation and
revival of Australian Indigenous languages.

AUSTLANG is the first online database to provide wide-ranging access to
information on Australian Indigenous languages. The dynamic web-based features
make it possible to search for Australian Indigenous languages by language name,
place name or by navigating Australia through Google Maps.

Mining Information Kit for Aboriginal Communities

A new educational tool, The Mining Information Kit for Aboriginal Communities,
will inform Aboriginal communities across Canada about all the stages of
the mining cycle from early exploration to mine closure. This information
kit will help Aboriginal peoples better understand mining activities and
identify the many opportunities that mining can bring to communities.

Native Title Claim Research

Ethnographic evidence, Rights and Interests, and Native Title Claim Research [September 2007]

Lisa Corbellini(Volume 3 Number 11)

Native Title Newsletter

July/August, No. 4/2007

WHAT’S NEW
The NTRU is calling for submissions to its Land, Rights, Laws: Issues of Native Title peer reviewed issues paper series.

Webb v State of Western Australia [2007] FCA 1342

This case involved a native title determination application lodged by SWALSC over the southwest corner of Western Australia and follows the low water mark covering an area from Dunsboroough to Capel. The application was registered in October 2006 and consdieres the new s 94C enacted under the Native Title Amendment Act 2007. The Native Titel Registrar is resposible for notification under s 66 C of the NTA. The Court cosnidered the relationship between s 94 C and s 66C. It noted that the purpose of s 94 C is to ‘provide for summary
dismissal of native title determination applications that have been filed to secure procedural rights with respect to future acts covered by the right to negotiate provisions…the mecanism of summary ismissal enliven when, broadly speaking the procedureal rights are effectively exhausedted and the natvie title determination application is not beign pursued to a mediated or litigated determination’. The report provided by the native title registrar is a ‘styatutpry means for drawing the attention of the Court to applications which may meet the conditions of dismissal under s 94C’. The Court is not bound by the report and dimissal under s 94 is not considered unless there is failure to comply with direction under s 94C(1)(e)(i) of there has been a failure
to take steps to resolve the claim. and following the notification of proposed future acts. Justice French found that the area of the claim was much larger than areas covered by future act notices and the application was a part of regional work program. Accordingly he found that ther was no occasion for consideration of mandatory dismissal provisions.

Aborigines and Uranium

Aborigines and Uranium:Monitoring the Health Hazards - by Colin Tatz, Alan Cass, John Condon and George Tippett