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Young, Simon --- "Book Review - Native Title in the New Millennium: A Selection of Papers from the Native Title Representative Bodies Legal Conference, 2000" [2002] IndigLawB 64; (2002) 5(20) Indigenous Law Bulletin 22

Book Review

Native Title in the New Millenium:

A Selection of Papers from the Native Title Representative Bodies Legal Conference, 2000

edited by Bryan Keon-Cohen
Aboriginal Studies Press 2001
Paperback plus optional CD-Rom, 413p
RRP $59.95

reviewed by Simon Young

In the rapidly changing and politically charged field of Australian native title, producing a frank and extensive account of contemporary developments is no small task. Accordingly, this 2001 publication from Bryan Keon-Cohen and the Native Title Research Unit of the Australian Institute of Aboriginal and Torres Strait Islander Studies (‘AIATSIS’) is an invaluable addition to a somewhat select body of work. It is a well edited compilation of papers from the Native Title Representative Bodies Legal Conference held in Melbourne in April 2000 – a very significant conference that drew upon a vast and impressive pool of practical knowledge and experience. Inevitably, since publication there have been further developments in some of the areas discussed. However, the bulk of the material covered remains of central relevance and that which has, to some extent, been superseded, is still a valuable record of the incremental shifts in law and policy in the last few years.

The content is organised into eight parts: constitutional issues; Federal Court case management; state and territory alternative schemes; economic development; agreements and alternative approaches; critical issues in native title claims; Indigenous Land Use Agreements (‘ILUAs’); and international experience. Added to these primary sections are various useful maps and appendices, comprehensive preliminary tabling and an excellent opening chapter, which serves both as an introduction to the book and an overview of current directions in law and policy. The scheme of the chapters catches many of the key contemporary issues in the field, and on each topic a range of differing perspectives are juxtaposed to create a thought provoking examination. The 33 contributors to the book are drawn primarily from the Federal Court, federal and state tribunals, leading private practitioners, key university research centres, land councils, the Aboriginal and Torres Strait Islander Commission (‘ATSIC’) and the resources and pastoral industries. Included amongst this selection are a number of the counsel from recent Federal and High Court appeals, Justice North and the President of the National Native Title Tribunal, Graeme Neate.

Many of the contributions to the work are of considerable academic importance. There is a substantial analysis of constitutional issues by David Bennett QC, which examines the scope of the races power and the interrelationship of native title and racial discrimination legislation. The discrimination issues are also examined by Professor Garth Nettheim from the international law perspective. There are various papers on the Ward, Croker Island, and Yorta Yorta litigation. While these papers predate the most recent High Court or Federal Court decisions, many of the issues discussed by the authors are far from finally settled, including the basic jurisprudential principles governing proof and content. There is a paper on the issue of governmental fiduciary duties by Greg McIntyre, which includes some comparison with overseas developments. Indeed there are a number of other interesting papers on claims and settlements in comparative jurisdictions – Canada, New Zealand and, a rare addition, South Africa.

However, the original Melbourne conference was primarily practice oriented, and the principal value of these published proceedings is their usefulness as a practical handbook. This is particularly true with respect to frameworks and strategies for negotiation and agreements, Federal Court and tribunal processes, and difficult evidentiary issues arising specifically in this field of litigation. In this context it should also be noted that there is a CD version which includes additional conference papers, and edited speeches and discussion. These additional materials would no doubt be useful to those interested in particular practical issues.

This book is a very useful compilation covering a range of difficult and important topics. It is a well presented and very readable record of key developments in a field that for many is somewhat daunting and inaccessible. On many of the numerous topics covered it will become an important reference for claimants, practitioners and academics.

Simon Young is a Lecturer in Law at Queensland University of Technology, and a Visiting Lecturer in Law, University of Western Australia.


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