The Federation Press

Commercial Implications of Native Title

Overview

This book focuses on the extensive commercial implications of Mabo, Wik and the 1997 native title legislation. It covers:

  • Australian native title legislation and cases
  • The Wik decision and post-Wik legislative options
  • The government’s proposed changes to the Native Title Act
  • Cape York and Crescent Head Agreements
  • The Century Zinc negotiations
  • Accounting and auditing implications
  • Implications for mining and pastoral companies
  • Freshwater resources and native title
  • Leases and native title
  • Native title negotiations and mediations
  • Native title policy issues for governments
  • Practical steps for professional advisers
  • Evidence and proof of native title

Reviews

[This is] a useful practical resource for native title practitioners. - Melbourne University Law Review

The preface describes this as the first major work on native title law and policy following Wik. I concur with that description and endorse this book ... - Law Society of Tasmania Newsletter

Well written and thoroughly researched. This is a significant and informative text. - Proctor (Queensland Law Society)

... a high quality publication ... a valuable addition to the firm’s or the chambers’ library - Journal of Banking & Finance Law

... a valuable ready reckoner for those involved in the native title recognition and protection process - Indigenous Law Bulletin

... extremely useful in distilling the issues - Law Letter (Tasmanian Law Society)

... a valuable work, clarifying legal, policy and commercial issues - Australian Journal of Public Administration

... for my money, the best and most valuable treatment of native title, and not just the commercial implications of native title, available in book form ... Buy this book - read this book - if you are at all interested in native title. - Ethos (Law Society of the ACT)

The book’s discussion not only of problems but also solutions, technical issues associated with practical native title problems and use of checklists makes it a “must have” for anyone negotiating the native title minefield. - Refresher (Queensland Bar Association)

I found particularly interesting the commercial sector implications for miners, farmers, directors and company officers and financiers. ... However, my favourite chapter is on “Proof of Native Title” which runs for 53 pages and while somewhat daunting is an extraordinarily comprehensive analysis of scenarios we are going to live with for many years to come. - Minetalk (Queensland Mining Council)

... informative and readable and ... far-reaching in its analysis ... There are very few weaknesses in this publication. - International Trade & Business Law Journal

Table of Contents

Key Developments in Native Title Law and Policy

Native Title Overview: Commercial Dimensions and Ongoing Developments
Bryan Horrigan
The National Native Title Tribunal’s Experience:Promise, Pain and Progress
Justice R.S. French
A Working Guide to Australian Native Title Legislation in All Jurisdictions
Carmel MacDonald
Implications for Government Decision-Making:Policy, Legislation and Grants of Title
Dominic McGann and David Yarrow

Commercial Sector Implications

Commercial Implications of Native Title for Mining and Resources
K.D. MacDonald
Ownership and Control of Natural Resources and Their Impact on Native Title
David Yarrow
Native Title and Freshwater Resources
Poh-Ling Tan
Financial, Accounting and Auditing Implications
Craig Jackson and Michael Bray
Practical Implications for Financiers, Land Dealers, Investors and Professional Advisers
Bryan Horrigan

Native Title Dispute Resolution

Proof of Native Title
Graeme Neate
Negotiating Resource Development Agreements with Indigenous People:Comparative International Lessons
M.A. Stephenson
The Legal, Political and Commercial Implications of the High Court’s Wik Decision:The Way Ahead
Bryan Horrigan
Proof of Native Title
Graeme Neate
Negotiating Resource Development Agreements with Indigenous People:Comparative International Lessons
M.A. Stephenson
The Legal, Political and Commercial Implications of the High Court’s Wik Decision:The Way Ahead
Bryan Horrigan

Appendices
Cape York Heads of Agreement Crescent Head Agreement

Table of Cases
Table of Statutes
Index

Of interest...