A report released today by Curtin University and the Centre for Regional Development at The University of Western Australia (UWA) highlights the challenges faced by Native Title holders in managing related agreements, including the perception that claimants are primarily motivated by financial compensation.<\/p>\n
Aboriginal Assets? The impact of major agreements associated with Native Title in Western Australia<\/em><\/strong> addresses how effective Native Title agreements have been in meeting the needs and aspirations of three Aboriginal traditional owner groups in northern Western Australia \u2013 the Gooniyandi (Kimberley region), Miriuwung-Gajerrong (Kimberley region) and Yindjibarndi (Pilbara region) people.<\/p>\n Areas over which Native Title has been determined, or are under application, now account for around 85 per cent of Western Australia\u2019s land mass, making it a central issue to regional development in WA.<\/p>\n Curtin University\u2019s Associate Professor Mike Dockery, report co-author, said the research participants\u2019 views were contrary to the perception that Aboriginal people who had achieved Native Title recognition were sitting on large financial windfalls \u2013 instead, they often face substantial challenges in leveraging benefits from the rights provided by Native Title.<\/p>\n \u201cWhen we asked the traditional custodians what they hoped to achieve from Native Title agreements, they spoke of keeping their culture strong, securing access to their traditional lands and self-determination,\u201d Associate Professor Dockery said.<\/p>\n \u201cEconomic development is certainly an objective of these agreements, but it is often negotiated in the form of employment opportunities and enterprise development as a means to self-empowerment and independence, not short-term financial gain.\u201d<\/p>\n Once a Native Title determination is made, a Prescribed Body Corporate (PBC) is established to manage Native Title interests, and manage any related agreements.<\/p>\n Associate Professor Dockery said these PBCs were often under-resourced and highlighted the need for funding commensurate with their responsibilities as one of the most important policy recommendations to come out of the report.<\/p>\n \u201cThe overwhelming challenge we identified in the management of Native Title rights is simply the lack of funding and resources available to Aboriginal communities and PBCs in negotiating and managing Native Title agreements,\u201d Associate Professor Dockery said.<\/p>\n \u201cThese roles are created by the country\u2019s institutional framework and require legal, financial, managerial and other expertise. It is hard to think of comparable positions that are expected to be fulfilled on an unpaid basis.\u201d<\/p>\n Often, financial benefits associated with Native Title agreements are held in trust to be managed for the benefit and use of Native Title groups.<\/p>\n Dr Sarah Prout Quicke, UWA Senior Lecturer and co-author, said trust structures were often quite complex and understanding their management required a high level of skill and legal literacy.<\/p>\n \u201cTrust boards engage professional trustees and\/or advisors to assist with this, but the more widely this understanding and skill base is spread, the more effective the management and use of trust assets are likely to be,\u201d Dr Prout Quicke said.<\/p>\n \u201cWhile all three case studies identified trust structures as having the capacity to secure future wealth for long-term strategic investments, they also have to balance these objectives with the immediate needs of many native title holders.\u201d<\/p>\n Ms Lynette Shaw, former Gooniyandi Aboriginal Corporation Acting CEO, said financial gain was not a driving force behind her community\u2019s push for Native Title recognition over their lands.<\/p>\n \u201cNative Title is important for us as a way to maintain greater control over our future, economic independence and the survival of our culture,\u201d Ms Shaw said.<\/p>\n \u201cWhile our people are excited for the employment and enterprise development opportunities that come with leases, we want to be recognised as Gooniyandi people and ensure our country, stories and sacred sites are protected from developments.\u201d<\/p>\n