Session 09-05: Effectively strengthening indigenous rights HISTORIC TENURE CERTAINTY PROJECT – A TOOL FOR SHARING THE KNOWLEDGE, SHARING THE FUTURE RAELENE WEBB QC President, National Native Title Tribunal Australia [email protected]Prepared for presentation at the “2015 WORLD BANK CONFERENCE ON LAND AND POVERTY” The World Bank – Washington DC, March 23-27, 2015
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Session 09-05: Effectively strengthening indigenous rights HISTORIC TENURE CERTAINTY PROJECT – A TOOL FOR SHARING THE KNOWLEDGE, SHARING THE FUTURE RAELENE.
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Session 09-05: Effectively strengthening indigenous rights
HISTORIC TENURE CERTAINTY PROJECT – A TOOL FOR SHARING THE KNOWLEDGE, SHARING THE FUTURE
RAELENE WEBB QCPresident, National Native Title Tribunal
Prepared for presentation at the “2015 WORLD BANK CONFERENCE ON LAND AND POVERTY”
The World Bank – Washington DC, March 23-27, 2015
Pre 1788
1788
1825
1829
1993
19932015
Native Title Act 1993 (Cth)s 223(1)
The expression native title or native title rights and interests means the communal, group or individual rights and interests of Aboriginal peoples or Torres Strait Islanders in relation to land or waters, where:
(a) the rights and interests are possessed under the traditional laws acknowledged, and the traditional customs observed, by the Aboriginal peoples or Torres Strait Islanders; and
(b) the Aboriginal peoples or Torres Strait Islanders, by those laws and customs, have a connection with the land or waters; and
(c) the rights and interests are recognised by the common law of Australia.
Traditional Connection
Under the traditional laws and customs of the group of indigenous people claiming native title, are their claimed rights and interests based on their traditional connection to the claimed area?
Extinguishment
Is “recognition” refused because of actions the government has taken, or allowed others to do, over a particular areas that are inconsistent with native title?
Prohibition on making native title claims
31 December 2014
263 native title determinations made
• 33 litigated
• 230 by agreement
31 December 2014
328 Current claimant applications • < 5 years - 115 (35%)
• 5-10 years - 40 (12%)
• 10 - 15 years - 105 (32%)
• > 15 years - 68 (21%)
19932015
Potential native title extinguishment by current tenure type
Kooma People #4
Current Titles
Meeting Place(Web based GIS)
Property boundaries
Digital CadastralDatabases
Historical TenureInstruments
Historical TenureDatabases
Stories(Content Providers)
Conversations(Collaboration Services)
Knowledge(Decision Products)
Agreements
Project focus‘Gather stories to
support Agreements’
Peter Yu
A series of maps based on traditional indigenous knowledge, Western science and official data would be overlaid as comprehensive database of cultural, social, historical and environmental evidence that could form an important element of a postcolonial relationship. These maps should be fundamental to future regional planning and development methodologies.