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Aboriginal Law Bulletin

Aboriginal Law Bulletin (ALB)
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Mowbray, Martin --- "Book Review - Negotiating with Resource Developers: A Handbook for Aboriginal Organisations and Communities" [1990] AboriginalLawB 36; (1990) 1(45) Aboriginal Law Bulletin 15


Book Review

Negotiating with Resource Developers: A Handbook for Aboriginal Organisations and Communities

by Alan Tegg

Aboriginal Law Centre. UNSW 1989

72 Pages, $10.00

Reviewed by Martin Mowbray

This handbook states that it has been "designed largely for groups with few resources and little experience in dealing with developers"(1). It covers a very broad range of material pertaining to dealings between Aborigines and commercial developers. Topics dealt with include concepts and issues relevant to mining agreements, park management agreements, points of issue within the bargaining process, concessions that can be won through negotiation, strategies and tactics for negotiation, campaigning and use of the media. The handbook also contains a helpful checklist of considerations in preparing for and undertaking negotiation and campaigning.

While 'Negotiating with Resource Developers' was prepared in order to assist Aboriginal communities and organisations in direct dealings with miners and other developers, it is probably most suitable for use in education settings because of its lack of very specialised and local information. The level of skill and detail necessary in commercial, and politically fraught bargaining is considerable. A knowledge of relevant legislation, specific precedents and possibilities, Aboriginal culture economics and broader politics is essential.

However, the breadth of this publication, makes it especially useful as an: introduction to the range of considerations relevant to negotiation: It is pitched at a level for study in Aboriginal education colleges and in other institutions where community development is taught. It would also assist as an induction for persons such as advisers, clerks , adult educators and others appointed to Aboriginal communities) needing to gain a general understand mg of administrative, legal and political aspects of dealings between Aborigines, miners and other developers.

Unfortunately there are a few factual inacuracies in the handbook. For example, it mistakenly represents mining royalty equivalents paid by the Commonwealth to Aborigines in the Northern Territory as mining royalties paid by companies to Aborigines (13, 14, 25). Similarly, the protection of sacred sates in the Northern Territory is not simply the responsibility of the Territory Government (21). The Commonwealth Government has the power, if not the will, to intervene and the land councils s have various legal and political powers to act for traditional owners. Such errors could be readily corrected in a revised publication. At the same time, a few illustrations could be added to enhance what is mostly a clearly written to text. Graphics illustrating, for example, the bargain ing process or types and levels of objectives in negotiation could be helpful.


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