Native Title Holders as Vulnerable Publics: Conflict between Spatial Planning and Native Title Law in Australia
AbstractSurviving rights and interests comprising the native title of Aboriginal and Torres Strait Islanders within the Commonwealth of Australia were recognised in 1992 in the ground breaking Mabo decision of the High Court. Over the past 17 years since Mabo, inclusion of this significant public in spatial planning has been only occasionally egregious, although more often spasmodic, and even begrudging and perfunctory. Constitutional responsibility for spatial planning lies almost wholly within the aegis of the six original colonial States who federated in 1900 to become the Commonwealth. Local Government is delegated by the States to undertake most spatial planning, and continues to struggle with the reality that native title is not a land use waiting to be regulated, but an ancient land tenure. A blunt assessment of the entire spatial planning process reveals this continuing failure to comprehend the nature of native title.
Australian Local Government Association (ALGA) (1998a) Managing Native Title. Information Paper No.2 – Working with Native Title in Local Government series. Deakin: ALGA, 11 September.
Australian Local Government Association (ALGA) (1998b) Working out Agreements: A practical Guide to Agreements between Local Government and Indigenous Australians. Deakin: ALGA.
Australian Local Government Association (ALGA) (1998c) An Overview of the Amendments to the Native Title Act 1993 (Cth). Information Paper No. 3 – Working with Native Title in Local Government series. Deakin: ALGA, 11 September.
Australian Property Institute (API) (2000) The Valuation or Management of Land Subject to Native Title. Special publication of Guidance Note 27, Deakin: API.
Australian Property Institute (API) and Planning Institute of Australia (PIA) (1997) Native Title Background Paper (Deakin/Hawthorn).
Bartlett, R. (1997) Is Equality too hard for Australia? UNSW Law Journal, Forum-Wik: The Aftermath and Implications, 3 (2): 3-5.
Graham, D. (1997) Trick or Treaty? Wellington: Institute of Policy Studies, Victoria University of Wellington.
Hewitt, N. (1998) Administration of Native Title Land under the Integrated Planning Act (Qld) 1997. Environmental and Planning Law Journal, 15 (5): 350 – 361.
House of Representatives (1993) Debates. 16 November, 2883.
Hughes, C. (1995) One Land: Two Laws-Aboriginal Fire Management. Environmental and Planning Law Journal 12 (1): 37-49.
Josephy, A. (1989) Now That the Buffalo’s Gone: A Study of Today’s American Indians. Norman: University of Oklahoma Press.
Martin, A. (2001) Beyond Duck River. Sydney: Hodder.
Moran, M. (2002) The devolution of Indigenous Local Government Authority in Queensland: Opportunities for statutory planning”, Australian Planner, 39 (2): 72-82.
Neate, G. (1994) Native Title in Queensland: Some Environmental Law and Valuation Issues. Paper presented at Queensland Environmental Law Association seminar - “Mabo on the Ground”, Brisbane: Parkroyal, 5 April.
Newell, L. (2009) Aboriginal Archaeology in Land Use Planning and Environmental Assessment. New Planner, 79 (June): 24-25, 28-29).
McGlade, H. and Strelein, L. (2002) Finding the path from rhetoric to substance: The challenges of the Treaty debate for Australian lawyers – Response to ‘Why a Treaty May Not be the Best Way Forward’. Journal of Australian Indigenous Issues, 5 (1): 3-10.
National Native Title Tribunal (NNTT) (2000) What does native title mean for local government? Native Title Facts, roneo, Perth, August.
Oswalt, W. and Sharlotte Neely, S. (1996) This Land was Theirs: A Study of North American Indians 5th ed. Mountain View: Mayfield Publishing Company.
Pulea, M. (1984) Integrating traditional and modern management. AMBIO, 13 (5-6): 356.
Reynolds, H. (2002) Mabo 10 years on: The historical significance. Tracks to Reconciliation, March: 4.
Richardson, B., Craig, D. and Boer, B. (1995) Regional agreements for indigenous lands and cultures in Canada: A Discussion Paper. Darwin: North Australia Research Unit, Australian National University.
Rogers, N. (1995) The Emerging Concept of Radical Title in Australia: Implications for Environmental Management. Environmental and Planning Law Journal, 12 (3): 183-199.
Sharp, N. (1996) No Ordinary Judgment: Mabo, The Murray Islanders’ Land Case. Canberra: Aboriginal Studies Press.
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