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«Owning land can at times in fact become a liability. some properties in the Indigenous estate may never be viable.2 — Indigenous Land Corporation, 2010 ...»

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12. Native Title and Land Rights allocation under The Department of Families, Housing, Community Services and Indigenous Affairs is $95m for 2012-13, projected to be $100m per annum by 2015-16. The National Native Title Tribunal costs $30m per year. The Aboriginal Land Rights (Northern Territory) Act 1976 Aboriginals Benefit Account is $450m and draws $160m per year. ATSI Land Fund is $2bn draws $50m per year to fund the Indigenous Land Corporation.

13. Family Responsibilities Commission, Annual Report 2010-11.

14. This will be paid primarily to the Gumatj Future Fund and the Rirratjingu Aboriginal Corporation construction projects, including medical, retail and residential developments; employment opportunities for Yolngu people; and opportunities for indigenous owned companies to act as contractors for construction. Agreements, Treaties and Negotiated Settlements Project.

15. The period is not specified. National Native Title Tribunal, Register of Indigenous Land Use Agreements.

16. ABC R N, Late Night Live, 30 May 2012.

17. David Peever, “Getting Down to Business,” The Australian, 13 August 2012.

18. National Native Title Tribunal, Register of Indigenous Land Use Agreements.

19. http://www.westerncape.com.au/ (12 August 2012).

20. Western Cape Communities Trust, The Central Sub-Regional Trust 2011–2012 Grant Funding Guidelines.

21. Queensland Government Department of ATSI and Multicultural Affairs, Family Responsibilities Commission.

22. For discussion, see Queensland and Torres Strait Islander Health Services Coalition, Discussion Paper, 2010.

23. Queensland Government Department of ATSI and Multicultural Affairs, Annual Highlights Report for Queensland’s Discrete Indigenous Communities July 2010– June 2011, Incorporating the Quarterly report on key indicators in Queensland’s discrete Indigenous communities for April – June 2011, 2011.

24. Caroline Overington, “Getting Down to Business,” The Australian, 13 August 2012.

25. Agreements, Treaties and Negotiated Settlements Project, http://www.atns.net.au/agreement.asp?EntityID=446.

26. Centre for Social Responsibility in Mining, “Completion of Mining at Oz Minerals Century Mine: implications for Gulf communities,” University of Queensland, 2008, iv-v.

27. Browse LNG Precinct Project Agreement, State of Western Australia, Goolarabooloo Jabirr Jabirr Peoples, Woodside Energy Limited, Broome Port Authority, LandCorp, June 2011.

28. ABC RN, Late Night Live, 30 May 2012. See also, Ciaran O’Faircheallaigh, “Use

and Management of Revenues From Indigenous-Mining Company Agreements:

theoretical perspectives,” Agreements, Treaties and Negotiated Settlements Project Working Paper Series, no.1/2011.

29. Weld Range Metals Limited/Western Australia/Ike Simpson and Others on behalf of Wajarri Yamatji (2011) 172 NNTTA 343.

30. Paul Finn, “Mabo Into The Future,” in Native Title Conference 2012: Echoes of Mabo: honour and determination, Australian Institute of Aboriginal and Torres Strait Islander Studies, 2012, 3.

31. Changes to the Native Title Respondent Funding Scheme to take effect from 1 January 2013 mean that respondents will find defending claims more onerous.

32. Stuart Bradfield, “The Noongar Native Title Settlement,” Native Title Conference 2012: Echoes of Mabo: honour and determination, Australian Institute of Aboriginal and Torres Strait Islander Studies, 2012, 1.

33. Department of Environment, Land, Water and Planning Victoria, http://www.depi.vic.gov.au/forestry-and-land-use/managing-land/indigenousland-management/the-traditional-owner-settlement-act-2010.

34. On 6 June 2012, the Attorney-General announced that the government will amend the tax legislation to make it clear that native title payments and other benefits are not subject to income tax (includes capital gains tax).

35. Graeme Neate, “Using Native Title to Increase Indigenous Economic Opportunities,” 5th Indigenous Recruitment and Training Summit, 2010, 19.

36. Deirdre Howard-Wagner, “Scrutinising ILUAs in the Context of Agreement Making as a Panacea for Poverty and Welfare Dependency in Indigenous Communities,” Australian Indigenous Law Review, vol 14(2), 2010, 100.

37. Pat Keane, “Opportunity and Responsibility,” Australian Institute of Aboriginal and Torres Strait Islander Studies Native Title Conference, Brisbane, 3 June 2011, 4.

38. A future act is an act taking place after 1 January 1994 that either extinguishes native title or is inconsistent with the continued existence, enjoyment or exercise of native title rights and interests. Native Title Act 1993 (Cth)

39. The Agreements, Treaties and Negotiated Settlements database.

40. Law Council of Australia, Optimising Benefits from Native Title Agreements, 2009 and Marcus Holmes, “Agreement Making in Native Title: ‘best practice’ in sight?

getting the best practice in native title negotiations,” Australian Institute of Aboriginal and Torres Strait Islander Studies National Native Title Conference, 2012.

41. Carpentaria Land Council, Annual Report 2010-11, 28.





42. Northern Land Council, Annual Report 2010-11, 101.

43. NLC, op. cit., 87.

44. Agreements, Treaties and Negotiated Settlements, Dja Dja Wurrung People and the Minerals Council of Australia.

45. Agreement between MaMu native title applicants, North Queensland Land Council, Wet Tropics Management Authority, Queensland Parks & Wildlife Service, and Johnstone Shire Council. National Native Title Tribunal, Register of Indigenous Land Use Agreements.

Honourable Anna Bligh and Honourable Andrew McNamara, “New Tourist 46.

Attraction is on Top of the World,” 24 August 2008.

47. Office of the Registrar of Indigenous Corporations.

48. Agreements, Treaties and Negotiated Settlements database.

49. Central Desert Native Title Services, Annual Report 2011, 9.

50. James Price Point gas precinct in the Kimberley, see case study above.

51. Australian Agricultural Company will soon rent and manage the Leopold Downs and Fairfield cattle stations in the Fitzroy Crossing area of the Kimberley region from the Bunuba Cattle Company. The herd was purchased by Aboriginal and Torres Strait Islander Commission in 1991. The Australian, 17 July 2012.

52. Limmen National park in Kakadu announced during the Northern Territory election campaign. The Australian, 18 July 2012.

53. Robyn Sermon, general manger communities, Rio Tinto Western Australia. The Australian, 1 August 2012.

54. Robyn Sermon, Rio Tinto, personal correspondence, 7 August 2012.

55. National Native Title Tribunal, National Report: Native Title, February 2012.

56. Author estimate using National Native Title Tribunal, Claims and Determinations map.

57. Indigenous Land Corporation, Regional Indigenous Land Strategy 2007-2012 Northern Territory, 2008, 11.

58. Indigenous land Corporation, Regional Indigenous Land Strategy 2007-2012 South Australia, 2008, 11.

59. Australian Bureau of Statistics, Community Housing and Infrastructure Needs Survey, 2006.

60. National Native Title Tribunal, “Facts and Figures,” August 2012.

61. National Native Title Tribunal, Annual Report 2010-11, 2011, 25.

62. Published on the Agreements, Treaties and Negotiated Settlements database.

63. The author visited Yarrabah in June 2012.

64. B. Prove, F. Noble, M. Dore and G. Schrieber, “The Challenges after

Determination for the Gunggandji People.” In Native Title Conference 2012:

Echoes of Mabo: honour and determination, AIATSIS, 2012, 7.

65. Prove, op. cit., 26.

66. Prove, op. cit., 30.

67. As quoted by Gary Johns, MHR for Petrie, CPD House of Representatives, vol 190, 24 November 1993, 3595.

68. ILUAs may have a range of parties to an agreement. See National Native Title Tribunal, Steps to an Indigenous Land Use Agreement, 2008, 14.

69. The Department of Families, Housing, Community Services and Indigenous Affairs funds NTRBs.

70. Department of Families, Housing, Community Services and Indigenous Affairs, Native Title Program Guidelines for Support of Prescribed Bodies Corporate, 2009, 8.

71. Toni Bauman and Cynthia Ganesharajah, “Second National Meeting of Registered Native Title Bodies Corporate: Issues and Outcomes,” Australian Institute of Aboriginal and Torres Strait Islander Studies, Native Title Research Report No.

2/2009, 8.

72. Bauman, op. cit., attachment 4.

73. Office of the Registrar of Indigenous Corporations.

74. Ngarluma Aboriginal Corporation, http://www.ngarluma.com.au (16 August 2012)

75. The Agreements, Treaties and Negotiated Settlements database.

76. National Native Title Tribunal, Register of Indigenous Land Use Agreements.

77. Browse LNG Precinct Project Agreement, State of Western Australia, Goolarabooloo Jabirr Jabirr Peoples, Woodside Energy Limited, Broome Port Authority, LandCorp, June 2011, 49.

78. Central Land Council Annual Report 2010-2011, 144.

79. CLC, op cit., 91.

80. Clare Farley, “Body Corporate ILUA Review and a PBC as DOGIT Grantee: The Hopevale Proceedings”, in Native Title Conference 2012: Echoes of Mabo: honour and determination, Australian Institute of Aboriginal and Torres Strait Islander Studies, 2012, 3.

81. Farley, op cit., 7.

82. Hernando de Soto, The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else. Basic Books, 2000, 153ff.

83. “Objections of Traditional Aboriginal Landowners to the Proposed Aboriginal Land Rights legislation,” summary statement by P. Albrecht, et al, 1976 The Bennelong Society Historical Reprints Series, No. 3 July 2011, 1.

84. Thomas Sowell, Black Rednecks and White Liberals, Encounter, 2005, 257ff.

85. The dangers of black cultural separatism are argued in John McWhorter, Losing the Race: self-Sabotage in black America, Harper Perennial, 236ff and Shelby Steele, A Dream Deferred: the second betrayal of black freedom in America, Harper Perennial, 1994, 4ff.

86. For example, the Ashburton Aboriginal Corporation based at Tom Price in the Pilbara employs over 50 staff. It operates six Job Services Australia employment offices and also has the contract for delivering CDEP services.

87. See Department of Finance and Deregulation, Evaluation of the Community Development Employment Projects Program, 2009.

88. Indigenous Land Corporation, “Indigenous Economic Development Strategy Draft for Consultation and Action Plan 2010-2012,” 25.

89. Central Land Council, Annual Report 2010-11, 85.

90. Central Land Council, Report on the
 Central Land Council
 Community Development Program, 2011, 38-9.

91. Malarndirri McCarthy, NT Minister for Indigenous Development announced for the Northern Territory election that the Territory Government had been successful in securing a $200m commitment from the Australian Government to fund homelands for the next ten years. Just three or so years ago the Australian Government expressly ruled out further support for homelands. Letter to author, 1 August 2012.

92. Diane Smith, “From Collaboration to Coercion: a story of governance failure, success and opportunity in Australian indigenous affairs,” in Janine O’Flynn and John Wanna (eds), Collaborative Governance: a New Era of Public Policy in Australia?, ANU e-Press, 2008, 78.

93. Although apparently “no money changed hands,” Alice Springs News, 14 October 2010.

94. Indigenous Land Corporation, http://www.ilc.gov.au/site/page.cfm?u=334 (August 12, 2012).

95. Indigenous Land Corporation, Annual Reports 2001, 2002, 2010.

96. Central Land Council, Annual Report 2010-2011, 97.

97. Office of the Registrar of Indigenous Corporations, reports for various years.

98. CLC, op. cit., 54.

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