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Native Title Report 2003

Aboriginal and Torres Strait Islander Social Justice Commissioner

Contents

Contents PDF

Summary : Summary PDF

Introduction : Introduction PDF

Chapter 1: Native title and the right to development : Chapter 1 PDF

• The right to development
  • Non-discriminatory Development
  • Participatory Development
  • Culture and Development
  • Development that realises economic, social and cultural rights
  • Self-Determined Development
• Sustainable Development
• A sustainable development framework for native title negotiations
  • Sustainable Development Relies on an Effective Process
  • Sustainable Development Requires Capacity Development
  • Partnerships
• Footnotes

Chapter 2: Native Title Policy - State and Commonwealth profiles : Chapter 2 PDF

• New South Wales
• Northern Territory
• Queensland
• South Australia
• Tasmania
• Victoria
• Western Australia
• Commonwealth

Chapter 3: An Evaluation of native title policies throughout Australia : Chapter 3 PDF

• Part 1 - Evaluation of State and Territory policies
  • Negotiate Not Litigate
• The Relationship between States' Native Title Policy and Their Indigenous Policy
• Negotiations occur within a legal framework
  
  1. Settling the native title claim once and for all
  2. Legal tests established under the NTA form the threshold for negotiations to occur
  3. Adversarial relationship between the State and the native title claim group
• Negotiations occur within Land Management Framework
• The Relationship between Native title and existing Indigenous land regimes
  • NSW case study
• OVERVIEW OF STATE BASED LAND LEGISLATION REGIMES
  • South Australia
  • Northern Territory
  • Victoria
  • Queensland
  • New South Wales
  • Western Australia
• Indigenous participation in policy formulation
• Part 2 - Evaluation of Commonwealth native title policy
  • Commonwealth's participation in native title litigation
  • Integrating Native Title Policy into Commonwealth's Indigenous Policy
  • Commonwealth funding of native title system
• Footnotes

Chapter 4: Native Title and Agreement Making: a Comparative Study : Chapter 4 PDF

• Canada
  • The legal and constitutional context
  • The Comprehensive Land Claims Settlements Process: General outline
  • Comprehensive Agreements - issues and contemporary developments.
  • Treaty-making in British Columbia - an incremental approach
  • Self-government
• Implications from Canadian Law and Practice for the Australian Situation
• The United States of America
  • The legal context - Indians as sovereign nations
  • Sovereignty today
  • International law, US Indian law and the Mabo decision
  • Native title rights
  • Policy history and framework
  • Self-determination era
  • Significance of Self-Governance
  • Negotiated settlements
  • Implications from US law and practice for the Australian situation
• Footnotes

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