Holding title and managing land in Cape York : indigenous land management and native title

Holding title and managing land in Cape York : indigenous land management and native title Book

• Author(s): Memmott, Paul, McDougall, Scott, Cape York Land Council (Qld.), National Native Title Tribunal (Australia), University of Queensland Aboriginal Environments Research Centre
• Published: 2004
• Publisher: National Native Title Tribunal
• ISBN: 0642262136

Link to resource Report broken link

Abstract: There were some 22 or more native title claims in Cape York Peninsula at the time of writing. A number were close to determination, whilst many others were in active mediation. Indigenous people may also obtain rights or forms of tenure in land in Queensland under a range of additional processes apart from native title. These include, for example, land trusts set up under the land claim and land transfer provisions of the Queensland Aboriginal Land Act (ALA) 1991, Deed-of- Grant-in-Trust (DOGIT), Indigenous Land Corporation acquisitions, land from Natural Heritage Trust negotiations. The CYLC is concerned about achieving a coordinated approach to these various organisations and processes and wants to ensure that PBCs, as the bodies responsible for the management of native title lands, play an integrated role within broader Cape York land management strategies. A broad project aim is to assist existing or future PBCs to operate effectively in relation to land and sea management, in order to protect and maintain native title rights and interests within a complex pattern of Indigenous interests, types of land tenure, and coexisting stakeholder groups. Cape York is an appropriate example as there is a proliferation of indigenous land titles and rights occurring or imminent in a patchwork pattern across the landscape. There is an emerging problem that the impact of this uncoordinated proliferation on land management might be negative. It has been suggested by some that land trusts and PBCs may be set up to fail due to the unforeseen and unplanned responsibilities which might emanate without the guaranteed resources to fulfil such responsibilities. The current project takes a proactive approach to addressing this issue both in terms of immediate strategies that can be undertaken by Indigenous land interest groups and PBCs, and longer-term goals for the refinement and reform of legislation. Specific aims of the project were to analyse and address the following topics: (a) the relationship between PBCs and ALA land trusts, for example whether ALA land trusts could work as PBCs; (b) the options, practical recommendations and regulatory and statutory changes, state and Federal, required to establish and maintain effective PBCs/RNTBCs; (c) recommendations of practical options for achieving a coordinated approach to land management in the case study areas; (d) draft rules (complying with the relevant legislation but if necessary identifying areas where changes to legislation would be beneficial) for a PBC/RNTBC in relation to at least one of the areas covered by the case studies.

• Urls: https://web.archive.org/web/20110601234115/http://www.nntt.gov.au/Publications-And-Research/Tribunal-Research/Documents/Holding%20Title%20and%20Managing%20Land%20in%20Cape%20York.pdf
• Publisher Location: Perth, W.A.
• Keywords: Land tenure, Native title