The South Australian Statewide Framework Agreement regulates how new property rights and development activities can work with regard for Aboriginal rights.
The agreement covers all areas of South Australia where native title claims can be registered with the exception of the Pitjantjatjara and Maralinga lands. This includes Crown lands, National Parks and pastoral leases. The agreement sets up the rules for talking about native title, but does will not control the final outcomes. It provides a framework for what issues the parties should consider, how to organise meetings and who to talk with. The Aboriginal Legal Rights Movement (ALRM), as the Native Title Representative Body, co-ordinates and supports negotiations. |
The statewide negotiating process was initiated in 1999 and involves native title groups, the Aboriginal Legal Rights Movement (ALRM), the South Australian Government, the SA Farmers Federation (SAFF) and the SA Chamber of Mines and Energy (SACOME). The negotiations seek to establish a process that gives meaningful recognition to native title and to settle native title claims.
They have developed five template Indigenous Land Use Agreements relating to:
Fishing and aquaculture
Local government
Minerals exploration
Outback areas
Pastoral.
The basis for doings so is that ILUAs can 'provide an alternative means for having native title recognised and meaningfully incorporated into practices, policies and legislation.' (Morrison J at vi). They are also seen to alleviate the need to have each individual native title claim determined through the courts.
The peak forum for the negotiations is known as the ‘Main Table’, consisting of representatives from the South Australian Government, SAFF, SACOME and ALRM with the National Native Title Tribunal (NNTT) as an observer. Main Table meetings were initiated in 1999, and late in 2000, native title groups also agreed to participate in this process.
The Main Table manages the approach to negotiations and has developed protocols for discussions between the parties about various issues of concern. ‘Side Table’ groups involving all or some of the Main Table parties consider the specifics of issues, research background information and provide a discussion forum for developing potential solutions. The Side Tables have worked on issues including Heritage, (Minerals) Exploration, Pastoral, Communications and 'Relationships to Land' (Agius A and Davies J at 8).
While the ALRM Native Title Unit is the Native Title Representative Body for South Australia, it has made it clear that its function is only to assist claimants' progress and not to make decisions on their behalf. 'This is because, in accordance with Aboriginal customary law, only Aboriginal people themselves, whose native title rights are unique within each claim, can talk authoritatively and make decisions about their traditional country' (Morrison J at vi). By participating directly in negotiations and by devising outcomes themselves, it is hoped that the native title groups will gain a sense of empowerment and leadership and an improved understanding of how native title is managed at a governmental level. Through ALRM’s work with native title groups, each group has identified a Native Title Management Committee (NTMC). These committees comprise the named applicants of each claim as well as other people nominated by the group. They are authorised by all the members of the claim group to lead decision making about the management of the claim. While ALRM continues to work towards initiating mechanisms whereby the NTMCs will be direct participants in the Main and Side Table process, at a local level, NTMC leadership for negotiations has occurred through pilot negotiation processes (Agius A and Davies J ).
The pilot negotiation process was intended to develop experience in negotiation methods applicable to broader scale issues, and to settle some key issues for three native title groups represented by their NTMCs. The pilot programs involved the Narungga, Yankunytjatjara and Anatakarinya peoples and cover a range of issues including extinguishment, mining exploration, pastoral lease futures, biodiversity, conservation, outback tourism and protected area management. A program of meetings on country was developed to facilitate the direct involvement of these groups in issues for the future of native title and to create the template agreements that will set clear guidelines and procedures.
The statewide negotiations operate over a number of sectors and scales. The aim being to strengthen governance structure of native title groups , and to build a 'solid foundation of understanding and respect between peak body leadership in Aboriginal, pastoral and mining sectors, developing the will to search for mutually beneficial outcomes and the cross cultural understanding necessary to identify these' (Agius A and Davies J ). | |
