Nettheim, Garth --- "The Past and Future of Land Rights and Native Title: Second Annual Native Title Representative Bodies Legal Conference 28 - 30 August 2001" [2001] IndigLawB 68; (2001) 5(12) Indigenous Law Bulletin 5

The Past and Future of Land Rights and Native Title:

Second Annual Native Title Representative Bodies Legal Conference 28-30 August 2001

by Garth Nettheim

This was the second conference of Native Title Representative Bodies, the first having been hosted by Mirimbiak Nations Aboriginal Corporation in Melbourne in April 2000. The proceedings of the first conference have recently been published in book form (and accompanying CD) as Native Title in the New Millenium.[1]

The timing and location of this second conference marked the 20th anniversary of a landmark conference organised in 1981 by the Students Union at James Cook University in Townsville, the proceedings of which were published as Black Australians: The Prospects for Change.[2] That 1981 conference addressed a number of matters including the future of land rights and the then current push for a Treaty. As a direct outcome of that conference, Eddie Koiki Mabo formally instructed Greg McIntyre (of the Cairns office of the Aboriginal and Torres Strait Islander Legal Service) to institute legal proceedings asserting what became known as native title in respect of the Murray (Mer) Island group. The 2001 conference in Townsville was organised by Greg McIntyre (now at the Western Australia Bar) and the Native Title Research Unit (‘NTRU’) at the Australian Institute of Aboriginal and Torres Strait Islander Studies (‘AIATSIS’).

The first day was a commemorative program with four addresses in commemoration of key players in land rights and native title developments who had passed on. The first of these, in memory of Ron Castan QC, was delivered by Justice Robert French of the Federal Court of Australia on ‘The Role of the High Court and the Development of Native Title’. The second, in memory of Eddie Mabo, was delivered by Noel Pearson of Cape York Partnerships on ‘The Development of Native Title’.

After lunch, and in memory of Dr H C ‘Nugget’ Coombs, Dr Mick Dodson spoke on the topic of ‘A National Treaty’. This was followed by an address on ‘Reconciliation and Native Title’ by Jackie Huggins, in memory of Judith Wright.

These addresses were followed by a panel of people who had attended the 1981 conference. Chaired by Bryan Keon-Cohen QC, reflections on the earlier conference were offered by Barbara Hocking, Flo Kennedy, Dr Noel Loos, Bonita Mabo, Greg McIntyre, Garth Nettheim, Rev Dave Passi, Prof Henry Reynolds and Dr Nonie Sharp.

In the evening, the John Toohey Chambers Address was delivered by Graeme Neate, President of the National Native Title Tribunal, on ‘Rights Law in Australia: Some reflections on the people, policies and progress in the past three decades’.

The following two days (the second of which was a combined meeting with the National Environmental Law Association) were more closely focussed on matters of immediate concern for those dealing with issues of native title. On 29 August, parallel morning sessions dealt with ‘Coordination within the Native Title System’ and ‘Agreements’; and then with ‘Native Title in and out of Court’ and ‘Compensation’. Particular cases were considered in plenary sessions in the afternoon: ‘Nature of Native Title and Extinguishment: Ward/Miriuwung Gajerrong’; ‘The Protection of Native Title: Lardil/Wellesley Island’; ‘Continuity of Connection: Yorta Yorta’; and ‘Native Title and Exclusivity Offshore: Yarmirr/Croker Island’. In the evening, Sir Anthony Mason delivered the keynote address at the conference dinner on the topic of ‘Equality of Interest in the Sea’.

The topics for panels on the third day, 30 August, were Indigenous Heritage and the Environment; National Parks and Heritage Management; Land Management and Sea and Water Rights; and Management of Natural Resources. The day concluded with an Aboriginal and Torres Strait Islander Traditional Feast.

The conference was attended by about 200 people including many of the most experienced and knowledgeable people in the field of native title. It is understood that the NTRU is considering publication of the papers. It is also expected that a further such conference may be held in 2002.

Professor Garth Nettheim is Emeritus Professor at the Faculty of Law, University of New South Wales, and a member of the Management Committee of the Indigenous Law Centre.

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[1] Bryan Keon-Cohen (ed), Native Title in the New Milllennium (2001).

[2] Erik Olbrei (ed), Black Australians: The Prospects for Change (1982).