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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).

Between 1 July 2008 and 30 June 2009, twelve determinations of native title were made by the Federal Court. Ten of these were made by consent, one was unopposed and one was litigated.[1]

NSW*: 2 under section 190F(6) and 1 non-compliance QLD**: 5 under section 190F(6) of the Native Title Act 1993 (Cth) 5 non-compliance 1 under section 84D of the Native Title Act 1993 (Cth)

[1] The following guidelines are adapted from Human Rights and Equal Opportunity Commission and United Nations Permanent Forum on Indigenous Issues, Engaging the Marginalised: Partnerships between indigenous peoples, governments and civil society, 15 August 2005 (2005), at http://www.humanrights.gov.au/social_justice/conference/engaging_communities/index.html#link2 (viewed 23 November 2009);…

Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter,

Native Title Report 2009 Appendix 5: Twenty six priority communities back to contents Community Tenure Northern Territory All 15 priority communities in the Northern Territory are on Aboriginal land under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). 1. Nguiu Section 19A township lease to the Executive Director of Township Leasing on 30 August 2007 for 99 years. 2. Angurugu…

After 11 years of conservative rule under the Howard Government, that saw Indigenous peoples’ native title rights and interests severely degraded under the Wik 10 Point Plan, the election of the Labor Government raised an opportunity to renew the relationship between the State and Australia’s Indigenous peoples.

In my Native Title Report 2007, I reported on the changes that were made to the native title system during that year. The changes, which were made through two pieces of legislation which amended the Native Title Act, primarily affected:

The strong, vibrant and committed Noongar peoples of the South West corner of Australia had their native title determination over Perth returned to square one. The Full Federal Court found that the first judge had made a number of errors in his decision and have sent the case back for consideration by a new judge, leaving the Noongar peoples uncertain about the future of their rights over the…

Over the millennia, Indigenous peoples have developed a close and unique connection with the lands and environments in which they live. They have established distinct systems of knowledge, innovation and practices relating to the uses and management of biological diversity on these lands and environments.

Imagine the sea rising around you as your country literally disappears beneath your feet, where the food you grow and the water you drink is being destroyed by salt, and your last chance is to seek refuge in other lands...[1]

The landscape of the Murray-Darling Basin (MDB) is under severe ecological stress. Issues such as salinity, poor water quality, stressed forests, dried wetlands, threatened native species, feral animals and noxious weeds are commonplace within the MDB. The reasons for this dramatic decline in river health are caused by water mismanagement including reversal of natural flow cycles and over…

Between 1 July 2007 and 30 June 2008, ten determinations of native title were made by the court. Nine of these were made by consent, and one was litigated.[1]

Claimant application means an application made by Aboriginal people or Torres Strait Islanders under the Native Title Act for a determination that native title exists over a particular area of land or waters (s 61(1) Native Title Act).

The recommendations put forward in this report cover an extraordinarily wide spectrum. Many will require considerable detailed development and negotiation before they can be put into place.

The following international instruments[1] have been placed in tables according to topic area. Note, however, that many of the instruments are relevant to several topic areas. Clauses marked * are relevant to Indigenous knowledge’s.

[1] Information in this Appendix is a collation of extracts from responses provided by various Federal, State and Territory Government Departments in Correspondence to T Calma, Aboriginal and Torres Strait Islander Social Justice Commissioner, Human Rights and Equal Opportunity Commission, for the Native Title Report 2008.

[1] Australian Government, Department of Climate Change, Top End, http://www.climatechange.gov.au/impacts/regions/te.html (viewed 17 December 2008) [2] D Green, Climate change impacts on remote Indigenous communities’ health in northern Australia, Climate Change Impacts and Risks CSIRO (2006), p 21. At http://www.sharingknowledge.net.au/files/indigenoushealth_cc200606.pdf (viewed 17 December 2008…

[1] Adapted from Jackson S, Indigenous Interests and the National Water Initiative: Water Management, Reform and Implementation, Background Paper and Literature Review, Report for the IWPG (2007), p 42. At: http://www.nailsma.org.au/nailsma/publications/downloads/NAILSMA_NWI_Review_UPDATEDec07.pdf (viewed 17 December 2008).

The DKCRC is dedicated to improving conditions for all desert Australians and it recognises that there have been past instances of Aboriginal people’s knowledge and intellectual property being misappropriated and exploited. The DKCRC Board also recognises that the DKCRC’s objectives will only be achieved by working in equitable partnership with Aboriginal people. Such partnerships…