List of Recommendations

Recommendation 1

2.118

The Committee recommends increased funding for PBCs and other Aboriginal and Torres Strait Islander bodies with a role in the native title and land rights systems. The Committee also reaffirms the recommendation of its Final report into the destruction of Indigenous heritage sites at Juukan Gorge in Western Australia that the Commonwealth Government establish an independent fund to administer funding for prescribed body corporates (PBCs).

As one of the options for the establishment of the fund, the Commonwealth Government should give consideration to the setting up of a Future Fund to provide secure long-term funding for PBCs and NTRB/SPs.

The Committee also reaffirms its recommendation that PBCs and NTRB/SPs should, as part of funding agreements, be required to demonstrate transparency and accountability in their decision-making processes.

Recommendation 2

2.119

The Committee recommends that, in addition to enhanced and secure funding, the Commonwealth Government should increase the level of capacity building support provided to PBCs and NTRB/SPs.

This should include support to traditional owner groups before the determination of native title status to ensure that they have sufficient capacity to perform their roles, including making use of economic opportunities provided by title to land.

Continued support for tailored governance and management training and resources should be provided, with a focus on enabling personnel to learn from counterpart bodies across jurisdictions and develop peer-to-peer and collaborative networks.

Recommendation 3

2.120

The Commonwealth Government should support a review of systems for the appointment of PBCs Directors with a view to reduce the turnover of PBC leadership.

This should include consideration of staggering the terms of Directors to ensure stability and continuity for boards and avoid a complete board turnover.

In areas where an annual change of PBC Directors is common, consideration should be given to its replacement with three-year terms.

Recommendation 4

2.121

To help overcome overlapping legislative regimes, administrative complexity and other barriers to representative bodies attempting to make use of economic opportunity, the Commonwealth Government should give consideration to the creation of an Indigenous Strategy in the Northern Australia Agenda and the establishment of a Northern Australia Indigenous Economic Development Body to provide tailored business development, legal and research support to Aboriginal and Torres Strait Islander businesses.

Recommendation 5

2.122

The Commonwealth Government should support initiatives to make more innovative use of land tenure systems across northern Australia to make land management more effective and beneficial for Aboriginal and Torres Strait Islander peoples.

Recommendation 6

3.61

The Committee recommends that the Commonwealth Government increase capital and other allocations for Supply Nation, Indigenous Land and Sea Corporation (ILSC) and Indigenous Business Australia (IBA) to enable them to expand their presence in northern Australia.

With increased financial resources, these entities should consult with traditional owner representative bodies in northern Australia to investigate ways in which they could provide support which is more tailored to the needs of traditional owners in areas subject to native title and land rights, especially in remote and very remote areas.

ILSC and Supply Nation should consider the establishment of an office in northern Australia.

Recommendation 7

4.88

The Committee recommends that the Commonwealth, state and territory governments in northern Australia work with traditional owners to support research and development on community-based economic activities that use traditional knowledge and support care for country and connection with country. These should include, but not be restricted to, activities such as environmental protection, land management using traditional methods, fire control, carbon abatement and renewable energy.

Recommendation 8

4.89

The Committee recommends that the Australian Government provide enhanced support for the Indigenous Rangers program, including the provision of secure long-term funding to facilitate strategic planning for sustainable environmental outcomes.

Recommendation 9

4.90

The Committee recommends that the Australian Government, in cooperation with the states and territories in northern Australia, provide support for Aboriginal and Torres Strait Islander organisations and traditional owners to work with mining proponents and pastoral interests to maximise long-term benefits from agreements, including employment and training strategies.

As recommended in A way forward: Final report into the destruction of Indigenous heritage sites at Juukan Gorge, this should include a review of the Native Title Act 1993, with the aim of addressing inequalities between traditional owners and development proponents in the agreement-making process, including:

current operation of the future act regime

adherence to the principles of Free, Prior and Informed Consent as set out in the UN Convention of the Rights of Indigenous People (UNDRIP)

prohibition of ‘gag clauses’

making explicit the authority and responsibilities of PBCs and representative bodies

Recommendation 10

4.91

The Committee recommends that the Australian Government consider amendments to the Aboriginal Land Rights Act 1976 (Cth) to reverse the effect of the High Court’s Stockdale judgement and enable traditional owners and mining proponents to negotiate agreements at both the exploration and mining stages of mining projects.

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