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I have spent a lot of time this past year convincing people from all walks of life that the challenges facing Indigenous peoples in this country are not insurmountable.

Native Title Report 2006 Back to Contents Media Pack Downloads Download the Complete report (PDF) Chapter Downloads Media Release Report finds joint economic aspirations are possible (14 June 2007) Information Sheets 1: Survey of Indigenous land owners about land use and economic development - download in Word 2: 99-year leases on Indigenous land - download in Word 3: Housing - download in Word 4 ...

Native Title Report 2006 Back to Contents Downloads Download the complete report (PDF) Download the Community Guide (PDF) Chapters Executive Summary (PDF) Chapter 1 (PDF 1.2 MB ) Chapter 2 (PDF 1.5 MB) Chapter 3 (PDF 300 kb) Chapter 4 (PDF 260 kb ) Chapter 5 (PDF 260 kb ) Chapter 6 (PDF 200 kb ) Chapter 7 (PDF 260 kb ) Appendix 1 (PDF 240 kb ) Appendix 2 (PDF 29 kb ) Appendix 3 (PDF 400 kb ) ...

The Aboriginal and Torres Strait Islander Social Justice Commissioner acknowledges the work of Human Rights and Equal Opportunity Commission staff (Fabienne Balsamo, Katie Kiss, Hamish McLeod, Jemma Hollands, Dianne Biaggini, Anna Dawson, Christina Kenny, Julia Mansour, Kirsty Champion and Darren Dick).

If a group’s traditional country is not in a mining area they escape the injury to country that mining represents but have little opportunity to really develop industry and commerce that could support their communities.1

In 2006, the Aboriginal and Torres Strait Islander Social Justice Commissioner conducted a national survey of Indigenous Australians living on Indigenous land. There were 54 survey respondents, which included traditional land owners, as well as other Indigenous Australians with interests in land and land-use. The survey questions asked Indigenous respondents to identify their aspirations for their land and to identify their capacity to earn an income from the land. The survey findings are as follows:

Specific examples The Memorandum of Understanding between the Minerals Council of Australia, the Australian Government and the East Kimberley Regional Partnership Agreement, discussed in Chapter 3 of the report, describes a collaborative approach to support Indigenous economic development in eight trial sites across Australia.

In my previous two Native Title Reports, I have strongly argued the need to reform the native title system. Stakeholders from all sectors engaged in the native title system have also stressed the need for the Government to take significant steps to ensure that the system meets the original objectives set out in the preamble to the Native Title Act 1993 (Cth) (Native Title Act).

In 2006, the Australian Government added a new section 19A to the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA) to provide that (with Ministerial consent) a Land Trust may grant a 99-year headlease over an Aboriginal township to an approved entity of the Commonwealth or the Northern Territory Government.

The federal Government has made a commitment to ‘normalise’ Indigenous communities by increasing Indigenous home ownership and reducing reliance on subsidised rental accommodation.

Throughout Australia’s history the relationship between the mining industry and Indigenous peoples has been less than harmonious. The drive for resources has seen the rights and interests of Indigenous peoples sacrificed in favour of economic growth. While many problems still remain today, there is evidence of a recent shift in the attitude of mining interests towards neighbouring Indigenous communities. Leading resource corporations such as Rio Tinto and Newmont have demonstrated willingness to formally recognise obligations towards traditional land owners and local Indigenous communities.

Land granted is freehold title (estate in fee simple) which is held by an Aboriginal Lands Trust. As a result of recent amendments,1 this land is now capable of being alienated.

Underpinning the Government’s partnerships approach to Indigenous policy is the belief that economic development is the key to sustainable improvement in the quality of life of residents of Indigenous communities.1

Ngarda Civil and Mining (Ngarda) began its operation five years ago with six staff and six whipper-snippers. It is now a multi-million dollar Indigenous owned and operated business that provides contracting services to the mining and construction industries in four regions of the Pilbara.

Appendix 2 summarises information from a 2006 HREOC survey of the seven Australian Government departments and two statutory authorities with responsibility to administer the 33 national Indigenous economic development programs. Information from the 33 programs is for the 2005 – 2006 period.

This is my third Native Title Report as the Aboriginal and Torres Strait Islander Social Justice Commissioner. This year I continue the theme from my previous Reports by focusing on land tenure and economic reform on Indigenous communal lands.1

The Indigenous Land Use Agreement (ILUA) and Argyle Management Plan Agreement (AMPA) together are arguably the most comprehensive arrangements ever made between a resource company and traditional owners negotiated in Australia. They are the result of one of the most comprehensive agreement processes undertaken with traditional owners.