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COMPENSATION AND NATIVE TITLE

Overview

Providing financial compensation for Indigenous people in native title claims is becoming an increasingly important issue for consideration both in Australia and internationally. This page provides information that addresses the complexity of this issue. For example: is compensation an adequate means for recognising the importance of land to Indigenous communities; how is financial compensation to be determined over land; and, how would compensation be divided between claimants? The NTRU commissioned a discussion paper on compensation by Paul Burke that is accessible on this page. It is worth remembering that compensation is a remedy of last resort and that claims for land rights should place recognition and return of land as the first priority.

Cases

Suplejack Compensation Determination Application DPA95/7

Town of Yulara Compensation Determination Application DPA97/1

Comment

Burke, P. 2002. 'How can judges calculate native title compensation?', Discussion Paper for the Native Title Research Unit, AIATSIS, Canberra.

Background

Native Title Report, January - June 1994, section relating to compensation.

National Native Title Tribunal, compensation and native title fact sheet.

Resources

Burke, P. 2002. 'How can judges calculate native title compensation?', Discussion Paper for the Native Title Research Unit, AIATSIS, Canberra.

Altman J.C. and R. Levitas, 1999. 'The allocation and management of royalties under the Aboriginal Land Rights (Northern Territory) Act: Options for reform', CAEPR Discussion Paper, Centre for Aboriginal Economic Policy Research, Canberra, 191/1999.

Altman, J.C. 1998. 'Compensation for native title: Land rights lessons for an effective and fair regime', Land, Rights, Laws: Issues of Native Title, Vol. 1, No. 20, April 1998.

Altman J.C. and D. Pollack. 1998. 'Native title compensation: Historic and policy perspectives for an effective and fair regime,' CAEPR Discussion Paper, Centre for Aboriginal Economic Policy Research, ANU, Canberra, 152/1998.

Campbell, D. 2000. 'Economic issues in valuation of and compensation for loss of native title rights', Land, Rights, Laws: Issues of Native Title, Vol. 2, No. 8, October 2000.

Humphry, C. 1999. 'The theory and the reality', in Compensation for native title: Issues and challenges, National Native Title Tribunal, Perth, pp. 119-138.

Humphry, C. 1998. 'Compensation for native title: The theory and the reality', Murdoch University Electronic Journal of Law (E-Law), Vol. 5, No. 1, March, 1998.

Kickett, D. 1999. 'Compensation', in Compensation for native title: Issues and challenges, National Native Title Tribunal, Perth, pp. 139-143.

Lavarch M. and A. Riding 1998. 'A new way of compensating: Maintenance of culture through agreement', Land, Rights, Laws: Issues of Native Title, Vol. 1, No. 21, April.

Mah, D.C.H. 1995. 'Compensation issues - A discussion paper', Murdoch University Electronic Journal of Law (E-Law), Vol. 2, No. 1, April 1995.

Neate, G. 1999. 'Compensation for native title: Some legal issues', in G.D. Meyers (ed), In the wake of Wik - Old Dilemmas: New directions in native title law, National Native Title Tribunal, Perth, pp. 170-254.

Neate, G. 1999. 'Determining compensation for native title: Legislative issues and practical realities', in Compensation for native title: Issues and challenges, National Native Title Tribunal, pp. 3-95.

Sheehan, J. 1999. 'Indigenous property rights: Towards a valuation methodology' in Compensation for native title: Issues and challenges, National Native Title Tribunal, Perth, pp. 96-118.

Sheehan, J. 2002. 'Towards compensation for the compulsory acquisition of native title rights and interests in Australia', paper presented at the FAO/USP/RICS Foundation South Pacific Land Tenure Conflict Symposium, University of the South Pacific, Suva, Fiji 10-12 April 2002.

Smith, D. 2001. 'Valuing native title: Aboriginal statutory and policy discourses about compensation', CAEPR Discussion Paper, Centre for Aboriginal Economic Policy Research, Canberra, 222/2001.

Young, D., J. Briggs and T. Denholder. 1999. 'Compensation for native title, issues and challenges', in Compensation for native title: Issues and challenges, National Native Title Tribunal, Perth, pp. 144-177.