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Aboriginal and Torres Strait Islander (Australia)
The indigenous inhabitants of mainland Australia and the Torres Strait Islands.
Useful resources for further information on place names, language groups and people include local land councils and the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) website.
Aboriginal Community Controlled Health Organisation (ACCHOs) (Australia)
ACCHOs operate in the metropolitan, regional, rural and remote areas of all States and Territories in Australia. ACCHOs are controlled by, and accountable to, Aboriginal people in those areas in which they operate. ACCHOs aim to deliver holistic, comprehensive and culturally appropriate health care to the community that controls it.
Aboriginal Community Council (Australia)
There are various types of Aboriginal Community Councils which typically represent the interests of, and make decisions on behalf of a local Indigenous community. It is a term that can be used to describe either a Council or an Association. (extended definition)
Aboriginal Corporation (Australia)
Aboriginal Corporations are incorporated entities registered under either the Aboriginal Councils and Associations Act 1976 (Cth) or the Corporations (Aboriginal & Torres Strait Islander) Act 2006 (Cth). A directory of Aboriginal Corporations is maintained by the Registrar of Aboriginal and Torres Strait Islander Corporations.
Aboriginal Land Agreement (ALA)
S 36AA of the Aboriginal Land Rights Act 1983 (NSW) (ALRA) defines an ALA as 'an agreement, in writing, between the Crown's Land Minister and one or more Aboriginal Land Councils. These agreements allow for the flexible negotiation of multiple land claims, and were introduced in 2015 as an additional land claim mechanism under the ALRA.
Aboriginal Land Trust (Northern Territory) (Australia)
Land Trusts in the Northern Territory are statutory bodies under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA). Land Trusts hold the title to land handed back to the traditional Aboriginal owners under one of the mechanisms outlined in the ALRA. A Land Trust exercises certain functions in relation to the land held by it as set out in the ALRA, but cannot exercise those functions except in accordance with a direction given to it by the Land Council for the area in which that land is situated.
Aboriginal Land Trust (Queensland) (Australia)
Aboriginal Land Trusts are statutory bodies created under the Aboriginal Land Act 1991 (Qld). A Land Trust holds land granted under one of the mechanisms in the Act. (extended definition)
Aboriginal Lands Trust (South Australia) (Australia)
The Aboriginal Lands Trust in South Australia is a statutory body, originally established under the Aboriginal Lands Trust Act 1966 (SA). The Trust now operates under the Aboriginal Lands Trust Act 2013 (SA). The Trust holds certain lands in trust for the economic and cultural benefit of the Aboriginal people of South Australia and may not sell any such land without the approval of both houses of Parliament. (extended definition)
Aboriginal Lands Trust (Western Australia) (Australia)
The Aboriginal Lands Trust (ALT) was established by the Western Australian Aboriginal Affairs Planning Authority Act 1972 (WA) (AAPA Act). The functions of the ALT (s23 AAPA Act) are primarily to acquire and hold land and to use and manage that land for the benefit of persons of Aboriginal descent. (extended definition)
Act (Australia)
An Act is a proposed law or bill that has been passed by both houses of parliament and has received royal assent which typically is when the Governor-General signs the law on behalf of the Queen. Upon receiving royal assent, the Act now comes into force.
Agreement in Principle / Heads of Agreement (New Zealand)
An Agreement in Principle or Heads of Agreement (AIP/HA) is an agreement entered into between the Crown and a claimant group which is part of the process for the historical settlement of grievances under the Treaty of Waitangi (1840). (extended definition)
Agreement under Restitution of Land Rights Act (South Africa)
Under s 14(3) of the Restitution of Land Rights Act 1994 (South Africa), parties to a land restitution claim can reach agreement on the terms of their settlement, and that agreement may then be endorsed by the Land Claims Court as an order of the court.
Agreement-in-Principle (AIP) (Canada)
An Agreement-in-Principle (AIP) is an agreement entered into as part of the treaty process in Canada. It sets out objectives and the elements to be included in a final agreement. The AIP does not create binding legal relations between the parties but paves the way for negotiation, and thereby functions as the basis of a final agreement.
Alternative Procedure Agreement (Australia)
One type of Indigenous Land Use Agreement (ILUA) meeting the requirements of ss 24DB-24DM of the Native Title Act 1993 (Cth). (extended definition)
Appellant
An appellant, a party to the case who is seeking a reversal or modification of the decision of a lower court, in a hearing before the High Court of Australia.
Applicant
Applicant(s) in a native title or related case before the Federal Court of Australia or the High Court of Australia
Area Agreement (Australia)
One type of Indigenous Land Use Agreement (ILUA) meeting the requirements of ss 24CA-24CL of the Native Title Act 1993 (Cth). An area agreement can only be made where there is no registered native title body corporate (or bodies corporate) for the entire agreement area.
Black Economic Empowerment Transaction (South Africa)
A Black Economic Empowerment transaction is the transfer of all or part of the ownership, management or benefits of an enterprise or productive asset to the control of ‘historically disadvantaged South Africans’ (HDSAs), a term which includes black, coloured and Indian South Africans, women and the disabled. These transactions are one aspect of Black Economic Empowerment, a policy designed to ‘increase broad-based and effective participation of black people in the economy’ (Broad-Based Black Economic Empowerment Act, 2003).
Body Corporate Agreement (Australia)
One type of Indigenous Land Use Agreement (ILUA) meeting the requirements of ss 24BC-24CC of the Native Title Act 1993 (Cth). These agreements are restricted to areas where one or more registered native title bodies corporate hold native title over the entire area subject to an agreement. Such bodies corporate may make agreements with any other person. (extended definition)
Canadian Aboriginal Government
Typically a regional and popularly elected Aboriginal government which may have jurisdiction over law-making, education, health and social services. (extended definition)
Charitable Trust (Australia)
A charitable trust is a trust created with the dominant purpose of benefiting the community in the areas of either education, religion, relief of poverty or other purposes beneficial to the community.
Charter of Human Rights
A Charter of Human Rights is a list of human rights and responsibilities. The rights and responsibilities that are written into a Charter have been found to be so important that they are given legal protection by a State or nation.
Claimant Application (Native Title Act 1993 (Cth)) (Australia)
An application by Aboriginal or Torres Strait Islanders for the legal recognition of native title rights and interests over a particular area of land or waters, according to traditional laws and customs. (extended definition)
Coexistence (Australia)
The existence and exercise of native title rights alongside the rights of others to areas of land or waters. (extended definition)
Commercial Agreement
An agreement for the exchange of goods and services. An agreement may be for the use of land or resources or the provision of services. (extended definition)
Common Law
The body of law that is based on legal precedent rather than legislation / statute.
In common law systems, law is created by both legislators ('legislation' / 'statute') and courts ('case law' published in court judgments). In contrast, civil law systems are based primarily on codified statutes; case law is secondary and does not have binding force.
Common law also refers to the strict rules of law that are distinct from the body of law called 'equity'. Equity supplements or corrects the common law; for example, when the consequences of the common law would be unconscionable in the circumstances of a particular case. Australian courts now exercise both common law and equitable jurisdiction.
Company Limited by Guarantee
A company limited by guarantee is an entitiy incorporated under the Corporations Act 2001 (Cth) formed on the principle of having the liability of its members limited to the respective amounts that the members undertake to contribute to the property of the company if it is wound up.
Compensation Application (Australia)
An application under the Native Title Act 1993 (Cth) made by Aboriginal or Torres Strait Islander people seeking compensation for the loss or impairment of their native title rights or interests (National Native Title Tribunal, 20 December 2004).
Comprehensive Land Claims Agreement (Canada)
Comprehensive land claims are based on the assertion of continuing title to land and resources. Aboriginal title to land derives from a group’s traditional use and occupancy of the land. Comprehensive claims are negotiated under the Canadian federal government’s Comprehensive Claims Policy, originally articulated in 1973 and subsequently amended in 1981 and 1986. (extended definition)
Consent Determination (Native Title Act 1993 (Cth)) (Australia)
A decision by the Federal Court, High Court or a recognised body in relation to native title rights and interests that reflects an agreement reached by the parties under the Native Title Act 1993 (Cth). Consent determinations are an alternative to litigated determinations. (extended definition)
Conservation Agreement (Environment Protection and Biodiversity Conservation Act 1999) (Cth) (Australia)
An agreement under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act), between the Minister for the Environment and Heritage and the owner of land, for the protection and conservation of biodiversity in Australia. (extended definition)
Constitution
A Constitution is a set of fundamental principles used in the governing of a State or an organisation. A Constitution often sets out the powers of the governing bodies (eg the parliament), and the rights and duties of the citizens or members of the organisation.
Declaration
A Declaration is a unilateral formal or public statement or document stating agreed upon standards but which is not legally binding. The United Nations General Assembly often issues Declarations which are influential but legally nonbinding.
Deed of Grant in Trust (DOGIT) (Australia)
Queensland established a system of community level land trusts, to own and administer former reserves under a special form of title called a DOGIT. (extended definition)
Deed of Settlement (New Zealand)
A Deed of Settlement is the comprehensive and final agreement reached between the crown and a claimant group in the process for the historical settlement of grievances under the Treaty of Waitangi (1840). (extended definition)
Devolution Agreement (Canada)
An agreement between the federal and territorial or Aboriginal governments transferring province-like powers and responsibilities to the territorial or Aboriginal governments. (extended definition)
Environmental Agreement (Canada)
Environmental agreements are typically negotiated in the context of resource development between a company, the federal Department of Indian Affairs and Northern Development (DIAND) and the relevant provincial or territorial government. (extended definition)
Exploration Agreement (Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)) (Australia)
An agreement between a Land Council (after consultation with the Aboriginal traditional owners of the land affected by the exploration) and an applicant for an exploration licence, under s 40 of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA). The agreement contains the terms and conditions to which the grant of a licence will be subject. (extended definition)
Exploration Agreement (Native Title Act 1993 (Cth)) (Australia)
Exploration Agreements (other than those made under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) are made under the future act provisions of the Native Title Act 1993 (Cth). (In this database the term excludes Indigenous Land Use Agreements (ILUAs) relating to exploration). South Australia has its own provisions which comply with the regulations under the Native Title Act 1993 (Cth) for separate state regimes.
Extinguishment (Australia)
The loss of native title or aboriginal title rights by government act. Post 1993, native title rights in Australia may only be extinguished in accordance with s 11 of the Native Title Act 1993 (Cth).
Federal Government
The central government of a union of states in which sovereignty is divided between the central authority and the state authorities.
Final Agreement (Canada)
A final agreement concludes comprehensive land claims negotiations, and recognises Aboriginal rights and interests to traditional territory. (extended definition)
First Nations People of Canada
The preferred name of the Indigenous and first people of Canada to describe what are sometimes referred to as 'bands' or 'tribes'. There are over 600 First Nations across Canada. (The description does not refer to the Inuit or Métis).
Framework Agreement
Framework Agreements are essentially ‘process agreements’, that is, they generally bind parties to adhere to certain processes rather than to substantive issues. They can be legally binding.
Framework Agreement (Canada)
A framework agreement often represents the first stage toward the negotiation of a final land claims or self-government agreement. It sets out the details of the negotiation subject matter, the process and the timetable for reaching an Agreement-in-Principle (AIP). (extended definition)
Funding Agreement
An agreement under which the national or state governments agree to fund an Indigenous body for a particular purpose. Such an agreement will not be legally binding upon the government unless the legislation under which it is made does in fact bind the government.
Future Act (Native Title Act 1993 (Cth)) (Australia)
'Future Act' is a term used in the Native Title Act 1993 (Cth) (the NTA) to describe a proposed activity that may affect native title.
A future act is any act that involves the granting of any right to conduct a proposed activity or development on land and/or waters that affects native title rights and interests – it is an act which may affect native title in the future. (extended definition)
Future Act Agreement (Native Title Act 1993 (Cth)) (Australia)
An agreement made under the future act provisions of the Native Title Act 1993 (Cth) about a 'future act' (a proposed activity or development that may affect native title) which requires an agreement with the native title parties in order for the performance of the proposed activity to be valid. (extended definition)
Future Act Applications (Native Title Act 1993 (Cth)) (Australia)
Future Act Applications are one of several types of application that can be made to the National Native Title Tribunal under the future act provisions of the Native Title Act 1993 (Cth) (these provisions deal with proposed activities that may affect native title). (extended definition)
Future Act Consent Determination (Native Title Act 1993 (Cth)) (Australia)
A decision by the National Native Title Tribunal pursuant to the Native Title Act 1993 (Cth) that a future act may proceed and whether any conditions apply. This decision is made when parties have reached agreement and have consented to those conditions applying.
Future Act Determination (Native Title Act (1993) (Cth)) (Australia)
A decision by the National Native Title Tribunal, under the Native Title Act 1993 (Cth), either that the future act cannot be done, or can be done with or without conditions.
Future Act Determination Application (Native Title Act 1993 (Cth)) (Australia)
This is an application made by a party to future act negotiations for the Tribunal to determine whether a proposed future act can be done, with or without conditions. A FADA, also called a Form 5, can only be lodged after six months of negotiations between the parties. Following lodgement of a FADA, the Tribunal will conduct an inquiry (arbitration), then make a determination.
Governance Entity (New Zealand)
The Governance Entity is the legal entity that is representative of and responsible to a wider claimant group to hold and manage settlement assets (resulting from the successful settlement of an historic claim between Maori claimants and the crown) and to exercise the forms of cultural redress that are provided for in the settlement package. The constitution and structure of the governance entity is decided by the claimant group and varies depending on the aims of the claimant group as well as its size and the assets and cultural redress to be administered.
Hapu (Aotearoa/New Zealand)
Refers to a division of an iwi (tribe/clan) which may also be across societal groupings within clans of the Maori people of Aotearoa.
Impact and Benefits Agreement (IBA) (Canada)
Impact and Benefits Agreements (IBAs) are negotiated in the context of resource development in Canada. (extended definition)
Implementation Plan (Canada)
An agreement which guides and monitors the implementation of a final agreement in Canadian treaty negotiations. (extended definition)
Incorporated Association
An association or group of people who, as a group, are recognised as a legal entity separate from its members. An association may be incorporated under commonwealth, state or territory legislation. Once incorporated, an association has all the powers of an individual and is legally able to do things in its own name, such as own land, sign a lease, or appear in court. (extended definition)
Indian Claims Commission (Canada)
The Indian Claims Commission (ICC) was established in 1991 by the Canadian Federal Government in consultation with Aboriginal organisations. It was created as an interim independent advisory body with the authority to conduct public enquiries into specific claims which have been rejected for negotiation by the government and to issue non-binding decisions. (extended definition)
Indigenous Coordination Centres (ICCs) (Australia)
Prior to the abolition of the Aboriginal and Torres Strait Islander Commission (ATSIC), ICCs were ATSIC and Aboriginal and Torres Strait Islander Services (ATSIS) Regional and State Offices. The ICCs now operate as whole-of-government centres which house staff from a range of departments which deliver services to Indigenous Australians. Prior to the abolition of the Aboriginal and Torres Strait Islander Commission (ATSIC), ICCs were ATSIC and Aboriginal and Torres Strait Islander Services (ATSIS) Regional and State Offices. The ICCs now operate as whole-of-government centres which house staff from a range of departments which deliver services to Indigenous Australians. They operate in 29 locations around Australia and also negotiate Shared Responsibility Agreements (SRAs) with Indigenous communities.
Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)
The Indigenous Land Use Agreement (ILUA) is a voluntary agreement between a native title group and others about the use and management of land and waters. (extended definition)
Indigenous Management Agreement (IMA) (Aboriginal Land Act 1991 (Qld)) (Australia)
An agreement made in accordance with s 83G of the Aboriginal Land Act 1991 (Qld). It concerns the management of land that has been designated a "national park (Cape York Peninsula Aboriginal land)" under the Nature Conservation Act 1992 (Qld), as amended by the Cape York Peninsula Heritage Act 2007 (Qld).
Indigenous Partnership
An agreement between Indigenous and non-Indigenous parties whereby the parties set out their intention to jointly cooperate together over a variety of important issues.
Indigenous Protected Area (Australia)
This is an area of land or sea over which the traditional Indigenous owners have entered into a voluntary agreement for the purposes of promoting biodiversity and cultural resource conservation. The declaration of an Indigenous Protected Area over Indigenous owned lands results in that land being considered as part of the National Reserve System.
Indigenous Protected Areas Programme (Australia)
The Indigenous Protected Areas (IPA) Programme is part of Australia’s National Reserve System Programme that aims to establish a network of protected areas which includes a representative sample of all types of ecosystems across the country. (extended definition)
Interim Agreement
An agreement that derives its name from its position in longer term negotiation. It will record matters agreed to along the path to a final agreement. Some or most of the matters will be of a temporary nature, intended to be superseded by the envisaged final agreement. The agreement may also record matters agreed to in principle, which will be fully defined in a final draft. The latter type of agreement may also be known as a draft agreement.
Interim Measures Agreement (IMA) (Canada)
An agreement which sets out temporary arrangements intended to afford a measure of protection to Aboriginal interests while a final agreement is in the process of being negotiated in Canadian treaty negotiations. (extended definition)
Interlocutory Application
An application to a court to make an interim or provisional order before the final hearing and decision of a particular case. Such an order may relate to a procedural step in the proceeding or grant interim relief to one or more parties.
International Convention
An international Convention is an agreement between states or nations; used synonymously with 'international treaty'. International Conventions are binding at international law on governments that have signed them. (extended definition)
Intervener
A person who seeks to join proceedings to represent his or her interests where those interests differ from those of the existing parties. An intervener can appeal, tender evidence, and make submissions.
Inuit of Canada
Aboriginal peoples who reside in the eastern arctic and Arctic Ocean regions of Nunuvat, the Northwest Territories, Northern Quebec and Labrador.
Iwi (Aotearoa/New Zealand)
Tribe or clan, or societal grouping of clans of the Maori people of Aotearoa.
Joint Management Agreement
An agreement between Indigenous and non-Indigenous parties usually for the joint management of land of traditional significance to the Indigenous parties.
Joint Venture Agreement
A Joint Venture Agreement is a commercial agreement creating a business partnership whereby the two or more parties each take up part ownership of a commercial venture.
Joint Venture Agreement (South Africa)
A Joint Venture Agreement is a commercial agreement creating a business partnership whereby the two or more parties each take up part ownership of a commercial venture.
Land Governance Agreement (Canada)
An agreement between the Canadian federal government and a First Nation or Aboriginal group which provides for the reservation of lands under s 91 of the Constitution Act 1867. It provides for the exercise of jurisdiction by the group over the use and regulation of the lands. It is distinct from land claims or self-government agreements under the federal Comprehensive Claims Policy.
Land Restitution Agreement (South Africa)
‘Land restitution agreement’ is a term which describes the subject matter of an agreement, rather than a specific category of agreement. A land restitution agreement is an agreement which includes the transfer of land to people or communities unfairly deprived of their land under apartheid-era policies, whether or not that land transfer is associated with a claim under the Restitution of Land Rights Act 1994. Under s 14(3) of that Act, parties to a land restitution claim can reach agreement on the terms of their settlement, and that agreement may then be endorsed by the Land Claims Court as an order of the court.
Land Transfer Agreement
‘Land transfer agreement’ is a term which describes the subject matter of an agreement, rather than a specific category of agreement. A land transfer agreement is an agreement which includes the transfer of land from one party to another.
Land Use Agreement (Australia)
A land use agreement is made between two or more parties, where a party with rights in land grants permission for another party (who may also have rights in the same area of land) to use the land for a particular purpose, or in a particular way, in exchange for rights, goods or services. (extended definition)
Lease
An agreement between parties allowing one party to have a temporary interest in property and to use the property in accordance with the agreement. Leases generally allow parties to use the land as if they are the owner. However in Australia, pastoral leases may not give such broad and expansive rights. Leases will mostly have a termination date, at which time the leased rights in the property return to the owner.
Legal Remedy
The means by which a legal right is enforced or the breach of a legal obligation is prevented, redressed or compensated; usually by court order or judgment.
Legal remedies include financial compensation (known as 'damages') and non-financial compensation. Non-financial remedies may require that a certain act be performed (known as an order for 'specific performance') or prohibited (known as an 'injunction').
Legislation
Also known as 'statutes' or 'acts', these are laws enacted by Commonwealth, State, or Territory Parliament or other national equivalent.
Litigated Determination (Native Title Act 1993 (Cth)) (Australia)
A litigated determination is a decision by an Australian court or other recognised body that native title does or does not exist in a particular area of land or waters, which is made following a trial. (extended definition)
Local Community of South Africa
A community local to a South African area.
Local Government
Local government is normally an elected body performing the administrative and service functions for a particular area or region. It has the authority to exercise powers independently from other levels of government and usually receives funding from a central government.
Maori People (Aotearoa/New Zealand)
The Indigenous inhabitants of Aotearoa.
Memorandum of Intent (MOI) (Canada)
A Memorandum of Intent (MOI) is an agreement which may constitute the first stage of the negotiation of a final agreement in Canadian treaty negotiations. An MOI sets out the objectives, principles, subject matter and process necessary to guide discussions. It reflects the commitment of the parties to proceed with negotiations.
Memorandum of Lease
The written document containing the terms of a lease.
Memorandum of Understanding
A written document signed by the parties setting out their mutual concerns and intent and which is not necessarily legally binding.
Métis of Canada
west of Canada in the 18th and 19th centuries. Born of a mixture of French and Scottish fur traders and Cree, Ojibwa, Saulteaux, and Assiniboine women, the Métis in the north-west developed as a people, distinct from either Indian or European. On 27 September 2002 the Métis Nation adopted a national definition of Métis: Métis means a person who self-identifies as Métis, is of historic Métis Nation Ancestry, is distinct from other Aboriginal Peoples and is accepted by the Métis Nation.
Mining Agreement (Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)) (Australia)
An agreement made under s 46 of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA). The Agreement sets out the terms and conditions to which the grant of a mining interest over Aboriginal land will be subject and is made between an Aboriginal Land Council (on behalf of, and after consultation with, traditional Aboriginal owners for the land over which the mining interest is to be granted) and the intending miner. (extended definition)
Mining Agreement (Canada)
Any agreement between mining companies, the federal and provincial levels of government and local Aboriginal organisations regarding the construction and operation of mining projects.
National Native Title Tribunal (NNTT) (Australia)
The independent body established under the Native Title Act 1993 (Cth) to assist people to resolve native title issues. The Tribunal provides administrative support to deal with native title applications. It works closely with communities across Australia to help resolve land issues and make agreements that recognise everyone's rights and interests in land and waters. (extended definition)
National Park
A relatively large area of land that is generally owned or leased by the Commonwealth Government in order to preserve its natural, cultural and historic attributes. The legislative basis for a National Park might be, for example, the National Parks and Wildlife Act 1974 (NSW) or the Nature Conservation Act 1992 (Qld).
Native Title (Australia)
Native title is the recognition in Australian law, under common law and the Native Title Act 1993 (Cth), of Indigenous Australians' rights and interests in land and waters according to their own traditional laws and customs.
Unlike freehold titles or leases, native title is not a grant or a right that is created by governments. Native title may be recognised in places where Indigenous people continue to follow their traditional laws and customs and have maintained a link with their traditional country.
The native title of a particular group will depend on the traditional laws and customs of those people and will vary between different groups as well as from place to place. Native title rights may include the possession, use and occupation of traditional country or non-exclusive native title rights such as the right to access and camp or the right to hunt and fish on traditional country. Native title rights do not extend over minerals or petroleum. (extended definition)
Native Title Applicants
Native Title Applicants are people who make an application to the Federal Court for a determination of the existence or otherwise of Native Title over a particular area. Native Title Applicants may be either claimants, who seek a determination of their own claim to hold Native Title rights and interests over a particular area, or non-claimants, who seek a determination that Native Title is not held by any other group over a particular area.
Native Title Applications/Claims (Australia)
An application under the Native Title Act 1993 (Cth) for the legal recognition of the rights and interests held by Indigenous Australians over a particular area of land or waters, according to traditional laws and customs. Both Claimant and Non-claimant native title determination applications can be made under the Native Title Act 1993 (Cth), for a determination of native title over the area of the application. (extended definition)
Native Title Claimants (registered) (Australia)
Aboriginal and Torres Strait Islander people who have made an application, filed with the Federal Court under the Native Title Act 1993 (Cth), for the legal recognition of their native title rights and interests and who have fulfilled the requirements necessary to be included on the Register of Native Title Claims.
Native Title Claimants (unregistered) (Australia)
Aboriginal and Torres Strait Islander people who have made an application, filed with the Federal Court under the Native Title Act 1993 (Cth), for the legal recognition of their native title rights and interests with the Federal Court and who have not fulfilled the requirements necessary to be included on the Register of Native Title Claims.
Native Title Determination (Australia)
A native title determination is the recognition by an Australian court (either the Federal or the High Court) or any other recognised body that native title does or does not exist in a particular area of land or water. A recognised body must be a court, office, tribunal or body of a State or Territory that the Commonwealth Attorney-General has formally recognised to make determinations in relation to areas of particular land or waters.
Native title determinations may be either litigated (in which case the determination is made following a trial process); by consent (where the determination is made following agreement by all parties); or an unopposed determination (for which an application is not contested by another party). See individual glossary terms for further details.
Native title may be found to exist, or be found to have been extinguished, or a combination of both.
All native title determinations, once made by a Commonwealth Court, are placed on the National Native Title Tribunal (NNTT) Register. (extended definition)
Native Title Holders (Native Title Act 1993 (Cth)) (Australia)
Aboriginal and Torres Strait Islander people who are registered as native title holders under the Native Title Act 1993 (Cth).
Native Title Registers
Under the Native Title Act 1993 (Cth), the Native Title Registrar maintains three registers of native title information:
The registers are maintained electronically and held in each registry of the National Native Title Tribunal. The information on the registers is also maintained as a spatial record, which depicts the boundaries of applications, claims, determinations and ILUAs recorded on the registers. (extended definition)
Native Title Representative Body (NTRB) (Australia)
A Native Title Representative Body (NTRB) is a body recognised under the Native Title Act 1993 (Cth) (NTA). An NTRB has the powers and functions set out in s 203B of the NTA including to support Indigenous people and native title holders to make various applications under the NTA, including claimant, objection, future act and compensation applications; and to negotiate Indigenous Land Use Agreements on behalf of Indigenous parties. (extended definition)
No Liability Company
No liability companies are public companies that have no statutory or contractual right to recover unpaid calls on partly paid shares. Such companies have ‘No Liability’ or ‘NL’ in their name. The activities of a no liability company must be confined to mining.
Non-Extinguishment Principle
This principle, contained within s 238 of the Native Title Act 1993 (Cth), applies to acts (such as leases) made under an Indigenous Land Use Agreement or the broader future act regime. It means that a lease or other act that would otherwise wholly or partially extinguish native title does not have that effect. Instead, native title is suspended for the duration of that act’s operation.
Non-Government Organisation (NGO)
An association based on the common interests of its members, individuals, or institutions. It has no government status or function and is not created by, nor is its agenda set or implemented by, a government. (extended definition)
Obiter Dictum (plural: obiter dicta)
A statement in a judge's reasons for judgment which is not necessary for the decision of the case before the court. Obiter dictum statements do not create binding precedent, but may nevertheless be significant or persuasive for future judgments.
Objection Application (Australia)
Under the Native Title Act 1993 (Cth) (NTA), registered native title claimants can object to some future acts, such as exploration and prospecting licences, being fast-tracked under the 'expedited procedure' provisions. They have four months from the notification date of the future act to lodge an objection. If the objection is successful, the future act cannot go ahead without the normal negotiations required by the NTA.
Overlap/Boundary Agreement (Canada)
Overlap or boundary agreements are negotiated between First Nations in the context of land claims negotiations where traditional territories overlap or intersect. Such agreements may cover both land and resource interests and may set out provisions relating to matters including the exercise of harvesting rights, delineation of shared use and claims areas, consultation and shared decision-making. In this way, a boundary is established between the relevant territories, while the rights of each party are respected. Overlap agreements generally provide that affected land claims agreements be consistent with the terms of the overlap agreement. Overlap agreements are legally binding.
Participation Agreement (Canada)
An agreement negotiated between a company and local Aboriginal organisations in the context of natural resource development projects. The Agreement may set out the principles to guide the working relationship of the parties, and establish the obligations of the parties regarding employment, training and business opportunities. A Participation Agreement is also known as an Impact and Benefits Agreement.
Partnership Agreement (Canada)
Partnership Agreements are often negotiated in the context of resource development in Canada. The Resource Partnerships Program (RPP) funds activities leading to the creation of joint working agreements. These partnership agreements reflect the parties’ commitment to increased Aboriginal participation in resource development. (extended definition)
Party to a Deed of Settlement (New Zealand)
A party to the final settlement of an historical claim under the Treaty of Waitangi Act 1975.
Party to an Indigenous Land Use Agreement (ILUA) (Australia)
A party to a voluntary agreement about use and management of land and waters under the Native Title Act 1993 (Cth). The term may include one or more native title groups, governments or private enterprise.
Plan of Management
A plan in relation to the joint management of, or if not totally joint management, for Indigenous input into, the management of a particular area of land.
Policy/Strategy
National, state or local government policy or strategy in relation to Indigenous issues.
Policy/Strategy (South Africa)
South African national or local government policy or strategy.
Political Accord (Canada)
Political Accords are generally characterised by a cross-governmental approach to agreement making. This means that federal, provincial and Aboriginal governments or bodies are party to negotiations. An accord may establish a consultation process and subject matter of a proposed agreement, or may constitute a final agreement itself. Political accords often take place in the context of self-government negotiations.
Proprietary Company
A proprietary (or private) company is limited to no more than 50 members and operates with restricted rights of transfer of shares. It can neither invite the general public to subscribe for its shares or debentures nor take deposits from the public. It is the most common form of company type.
Provincial/Territory Government (Canada)
A publicly elected government of a province or territory of Canada.
Public Company
A public company is one which is not incorporated as a proprietary company. It may or may not be listed on the stock exchange for the public sale of shares, although any company that is so listed is a public company. More onerous obligations are imposed on public companies than on proprietary companies.
Ratio Decidendi
The principle or rule in a judge's reasons for judgment which forms the basis for the decision of the case before the court. Ratio decidendi is generally binding on courts of a later and lower jurisdiction.
Recognition and Settlement Agreement (RSA)
In Victoria, a RSA is one type of alternative settlement agreement that may be provided under the Traditional Owner Settlement Act 2010 (Vic) (TOSA). TOSA provides an alternative legislative mechanism for the Victorian Government to recognise Traditional Owners and land rights through out-of-court settlements. RSAs provide formal recognition to a Traditional Owner group, as well as other land rights in accordance with specified terms and conditions, through agreements such as Land Use Activity Agreements (LUAA) or granting of Aboriginal title to be jointly managed in partnership with the state.
Regional Agreement
Regional agreements are made between Indigenous communities and other organisations, usually government and/or industry. Regional agreements are used to organise policies, politics, administration and/or public services for or by an Indigenous people in a defined, frequently large, territory of land, or land and sea. Regional agreements may be legally enforceable as contracts.
Regional Partnership Agreement (RPA) (Australia)
An agreement designed to provide a mechanism for establishing a uniform Commonwealth Government investment strategy across a region with respect to Indigenous Affairs. Such agreements are intended to provide a coordinated response to priorities identified for the region, thus eliminating duplication or gaps. Regional Partnership Agreements (RPAs) form part of the Commonwealth Government's new arrangements for Indigenous Affairs and service delivery. Where States and Territories have agreed, RPAs may also include State and Territory investment. The terms of RPAs will comply with the 'Framework Principles for Government Service Delivery' agreed by the Council of Australian Government in June 2004.
Register of the National Estate (Australia)
The Register of the National Estate is Australia's national inventory of natural and cultural heritage places which are worth keeping for the future. It is compiled by the Australian Heritage Commission - the Commonwealth Government's adviser on the National Estate. There are now more than 12,000 natural, historic and Indigenous places in the Register. They come from all parts of Australia and are owned variously by Commonwealth, State and local governments, by businesses, voluntary and other organisations and by private individuals. All places entered in the Register are strictly assessed against publicly available criteria outlining national estate values.
Registered Native Title Body Corporate (RNTBC) (Native Title Act) (Australia)
A Registered Native Title Body Corporate (RNTBC), known as a Prescribed Body Corporate (PBC), is the corporation required to be established under the Native Title Act 1993 (Cth) by a group of native title holders to represent them and manage their native title rights and interests which have been determined to exist. Once the corporation is approved by the court, it is entered onto the National Native Title Register as the 'Registered native title body corporate'. For profiles of PBCs in Australia see AIATSIS- Native Title Research Unit: PBC Profiles. (extended definition)
Registration Test (Native Title Act 1993 (Cth)) (Australia)
A set of conditions under the Native Title Act 1993 (Cth) that is applied to native title claimant applications. If an application meets all the conditions, it is included in the Register of Native Title Claims, and the native title claimants then gain certain rights, including the right to negotiate, while their claim is progressed (National Native Title Tribunal, at 15 December 2004).
Representative Body
A body which represents the interests of a larger group or groups.
Research Agreement
An agreement with regard to research protocols and commitments.
Respondent
Respondent(s) in a native title or related case before the Federal Court of Australia or the High Court of Australia.
Right To Negotiate (Native Title Act 1993 (Cth)) (Australia)
The right, under the Native Title Act 1993 (Cth), of persons who have been determined to hold native title, or are registered native title claimants (that is, whose native title application has satisfied the registration test) to be involved in discussions about proposed developments (such as mining) on areas of land or waters where native title exists. This right does not extend to a power of veto. Where the right to negotiate applies, negotiations with native title parties must occur before the grant for the proposed development can go ahead. The right to negotiate process is managed by the State or Territory government but the National Native Title Tribunal may be requested to mediate (National Native Title Tribunal, at 15 December 2004).
Section 21 Agreement (Native Title Act 1993 (Cth)) (Australia)
A Section 21 Agreement refers to the local and regional land use and access agreements made between government and native title holders under the original section 21 of the Native Title Act 1993 (Cth) (unamended), where negotiations commenced or the agreement was finalised prior to the 1998 amendments to the Act. As this section was changed by the Native Title Amendment Act 1998 (Cth), no more agreements can be made under these provisions. This type of agreement has been replaced with Indigenous Land Use Agreements (ILUAs) and future act agreement-making provisions of the amended Native Title Act 1993 (Cth).
Self-Government Agreement (Canada)
Pursuant to the Canadian federal Government’s Inherent Right Policy 1995, self-government negotiations may now take place in conjunction with comprehensive claims negotiations. Self-government agreements recognise that the ‘inherent right of self-government is an existing aboriginal right under section 35 of the Constitution Act 1982. It sets out the self-government arrangements and jurisdictional powers of First Nation Governments. First Nation self-government agreements (self-government agreements) recognise that First Nations have traditional decision-making bodies and practices, and the desire to integrate those bodies and practices with a contemporary form of government. Self-government agreements do not affect the identity of First Nation citizens as Aboriginal people of Canada, nor the ability to benefit from any existing or future constitutional rights or government programs which might apply. (extended definition)
Service Delivery Agreement (Canada)
Service Delivery Agreements may exist between Aboriginal governments or councils, and municipal governments or district councils, for the provision of infrastructure and services to Aboriginal communities. Under the Canadian Constitution, lands which are reserved for First Nations come under federal government jurisdiction. Therefore, they do not form part of the tax base from which municipalities may properly draw taxes. When a reserve is created or added to as a result of a land claims or self-government agreement, municipalities risk a reduction in property tax revenue. First Nations are therefore encouraged to negotiate reasonable compensation measures. The development of service delivery agreements may be a component of such negotiations. (extended definition)
Settlement Legislation (New Zealand)
In order for most Treaty Settlements to be complete legislation is often required. Legislation ensures the finality of the settlement by removing the possibility of historical claims being re-open by the courts or the Tribunal; and may be needed to vest land in the governance entity on behalf of the claimant group. Once the legislation has been introduced into Parliament and referred to a Select Committee, it is open to the public to make submissions to the Committee if they desire to do so. Once the Select Committee has reported back to Parliament on the submissions, the Bill is then passed through its final stages and is signed by the Governor-General. Once signed, the legislation then allows the settlement assets to be transferred to the governance entity and the claimant group can begin to make use of the cultural redress provided in the settlement.
Shared Responsibility Agreement (SRA) (Australia)
Shared Responsibility Agreements (SRAs) are agreements made between federal and state governments and Indigenous communities to provide discretionary funding in return for community obligations. Such agreements form part of the Council of Australian Governments' (COAG) original commitment to the Framework to Advance Reconciliation and the Commonwealth Government's whole of government initiatives. ‘Shared Responsibility’ is a key concept in these arrangements.
SRAs set out what all partners to the agreement will contribute in order to develop effective and long-term changes for Indigenous communities. SRAs are developed with reference to local community priorities and ideas as to how these might be achieved.
(extended definition)
Socio-Economic Agreement (Canada)
Socio-economic agreements are typically negotiated in the context of resource development in Canada and may be a precondition to the granting of regulatory licenses. The central purpose of the socio-economic agreement is to establish a framework that promotes the efficient use of resources by Canada, the relevant territory or province, the company, and the local Indigenous and non-Indigenous residents. An agreement may be negotiated between the relevant mining company, various levels of government and the local community. (extended definition)
Sole Trader
An individual who runs a business in their own name which is not a limited company or a partnership.
Specific Claims Agreement (Canada)
An agreement negotiated under the Canadian federal government’s Specific Claims Policy, which deals with outstanding treaty or other historical legal obligations. Where it is determined that an outstanding legal obligation does exist, a claim is accepted for negotiation. Negotiations may then proceed between the First Nation, the federal government and the province or territory concerned (where relevant). Such agreements are designed to achieve ‘full and final closure’ to grievances and to facilitate economic opportunities for First Nation governments.
State Government
The government of a State in Australia.
Statement of Commitment/Intention (Australia)
An international, national, state or local government statement containing a commitment or intention to enhance the reconciliation process with Indigenous peoples which may or may not additionally include a range of issues upon which there is a commitment or intention to take practical action.
Statutory Body
A statutory body is one established by legislation.
Support Agreement (Canada)
A confidential agreement negotiated in the context of resource development between a company and the relevant provincial and territorial government, with the participation of local Aboriginal organisations. It contains provisions regarding the company’s commitment to support a local industry.
Template Agreement
An agreement which includes standard terms and conditions to be applied to a range of individual agreements all covering the same or similar issues and which is altered in certain respects to suit each particular situation.
Territory Government (Australia)
The government of a territory of Australia. The Northern Territory of Australia was established under the Northern Territory (Self-Government) Act 1978, a Commonwealth Government Act of Parliament, while the Australian Capital Territory (ACT) Government was established in 1989.
Torres Strait Islander Land Trust (Queensland) (Australia)
Torres Strait Islander Land Trusts are statutory bodies created under the Torres Strait Islander Land Act 1991 (Qld). A Land Trust holds land granted under one of the mechanisms in the Act. It is a body corporate of which the grantees are members, holding land on trust for the benefit of Torres Strait Islander people, their ancestors and descendants. It is subject to restrictions in dealings with the land and is required to comply with the administrative and financial requirements of the Torres Strait Islander Land Regulation 1991 (Qld).
Traditional Owner Group (Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)) (Australia)
Under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) 'traditional Aboriginal owner', in relation to land, is a local descent group of Aboriginals who have common spiritual affiliations to a site on the land that place the group under a primary spiritual responsibility for that site and for the land. The group is also entitled by Aboriginal tradition to forage as of right over that land.
Traditional Use Marine Resource Agreements
Traditional Use Marine Resource Agreements (‘TUMRAs’) are formal agreements developed by Traditional Owners and the Great Barrier Reef Marine Park Authority to provide for cooperation in the conduct and monitoring of Indigenous hunting activities within the marine park.
Treaty
A treaty is essentially a settlement or an agreement arrived at by treating or negotiation. In international law the word ‘treaty’ has been used to cover a variety of international agreements. The Vienna Convention on the Law of Treaties of 1969 is the codification of the practice of international treaty-making, which was previously regulated by the customary rules of international law. The Convention defines a treaty in the international context as an agreement whereby two or more nation states establish, or seek to establish, a relationship between themselves imposing binding obligations on themselves and governed by international law.
Treaty (Canada)
Historical treaties in the Canadian context were first signed between the British Crown and First Nations. They impose a range of mutual obligations on signatory parties. Modern treaties take the form of land claims settlements which are constitutionally protected. The Canadian government affirms that both forms of treaties are central to the future relationship between the Aboriginal people of Canada and the government.
Unopposed Determination (Native Title Act 1993 (Cth))
A determination of native title made by a Commonwealth court without the holding of a hearing, where the only party to the application is the applicant, or parties to the application have informed the court that they are not opposed to the terms of the application.