Native title, ILUAs and indigenous development opportunities in national parks

Abstract

In Australia, states and territories are moving ahead with resolution of Native Title claims to national parks and other protected areas. Under the Traditional Owner Settlement Bill 2010 (Victoria), Aboriginal groups that can prove a traditional rather than continuous connection to land are able to forge agreements with the government to jointly manage national parks. The terms of ILUAS for parks, and other lease-back agreements, include annual rental payments, compensation or economic development funds. Park ILUAS also include terms for Indigenous training and employment in parks, and preferential provision of Indigenous tours or park services. Joint management has stimulated Indigenous investment in park tourism facilities or enterprises. Future ILUAs for parks should include Indigenous contracts for provision of park services, and provision for payment or compensation for other Indigenous property rights (e,g. carbon credits). Indigenous carbon rights and sequestration is an emerging issue (Barnsley, 2009, Sheehan, 2010). In Victoria, traditional owner groups will be compensated for carbon sequestration activities.