Indigenous environmental management - is there a case for it ?

The first attempt to unravel the intricacies of Australian Indigenous rights to share the management of native title lands and resources is the focus of a new book by a university/industry law research collaboration.

In 1996, Professor Gary Meyers from Murdoch University teamed up with Professor Garth Nettheim, Director of the Indigenous Law Centre at the University of New South Wales, and Associate Professor Donna Craig at Macquarie University to undertake the first large-scale investigation of this issue.

Their industry partner was the National Native Title Tribunal.

“There is already a ruling where Indigenous people have the right to take wildlife and travel across land in Australia,” said Professor Meyers.

“We were interested in finding ways to encourage the participation of Indigenous people in the management of lands and resources subject to native title.

Over the three-year study, the team examined examples of native title management and case law in other countries, including the United States, Canada and New Zealand as a comparison to the Australian situation.

“We were looking from a legal perspective at whether native title encompasses the right to manage land and resources in Australia. Our research found that yes it does, because we follow similar rules for native title as other countries,” said Professor Meyers.

“Co-management systems already exist at Uluru and Kakadu in Australia, where the land has been leased back to the government to run national parks.

“International human rights regimes also provide for land rights for Indigenous people. “The question now is how we can blend current situations into participatory management models.”

Since the completion of the study, Professor Meyers has been in high demand to lead workshops for environmental managers including the North Queensland Land Council and a forthcoming session for the Great Barrier Reef Marine Park Authority.

The team hope the book will be used as a starting point to develop new models for environmental management.

Indigenous Peoples and Governance Structures: A Comparative Analysis of Land and Resource Management Rights. G. Nettheim, G. Meyers, D. Craig Aboriginal Studies Press 2002