Agreements with Indigenous Communities : The Native Title Act in Australia

Abstract

This chapter provides an initial overview of international law principles and explores the power dimensions implicit to the two liquefied natural gas (LNG) project agreements with Aboriginal communities, premised, in part, upon the particular function identified for the Native Title Act 1993. Across the world, Indigenous Peoples are asserting their rights to be involved in decisions about energy and resource projects that impact upon their traditional lands and waters. Agreement-making has emerged as a significant mechanism for negotiating the impacts of energy and resource projects, and for securing benefit flows to indigenous communities. The extent to which Aboriginal communities are successfully integrated into decision-making about the sharing of impacts and benefits reflects the rights recognized within the governing frameworks, as well as extra-legal factors, such as the political power and social cohesion of indigenous communities.