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Native title in Australia: Difference between revisions

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Indigenous Australian traditional custodianship
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==={{anchor}}Traditional owner===
{{See also|Indigenous Australian traditional custodianship}}
Alternative agreements require that the claimants demonstrate that they are the "traditional owners" (or "[[traditional custodianscustodian]]s") of the country in question. However, this term has sometimes proved problematic in law: it is not mentioned in the NTA, but Indigenous Land Use Agreements (see below), which are provided for under the Act, require that the Indigenous group or groups party to the agreement assert "traditional ownership" of the area.<ref name=broadsumm>{{cite web | title=Broader native title settlements and the meaning of the term 'traditional owners' | website=Australian Institute of Aboriginal and Torres Strait Islander Studies | date=3 February 2016 | url=https://aiatsis.gov.au/publication/35419 | access-date=9 December 2022}}</ref><ref name=broad>{{cite web|url=https://apo.org.au/sites/default/files/resource-files/2009-06/apo-nid17330.pdf|title=Broader native title settlements and the meaning of the term 'traditional owners': AIATSIS Native Title Conference, Melbourne, 4 June 2009|date=3 June 2009|first=David|last=Edelman| access-date=30 July 2020}}</ref>
 
The definition of the term "[[wikt:traditional owner|traditional owner]]" varies among jurisdictions. According to the ''Aboriginal Land Rights Act 1976'', the term refers to "a local descent group of Aboriginals who: (a) have common spiritual affiliations to a site on the land, being affiliations that place the group under a primary spiritual responsibility for that site and for the land; and (b) are entitled by Aboriginal tradition to forage as of right over that land".<ref name=iga/> A similar definition was incorporated in the ''[[Environment Protection and Biodiversity Conservation Act 1999]]'' (EPBC), but legislation differed in various states, such as the South Australian legislation referring to an "Aboriginal person who has, in accordance with Aboriginal tradition, social, economic and spiritual affiliations with, and responsibilities for, the lands or any part of them".<ref name=broad/>
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In Victoria, a "traditional owner group" is defined in the ''Traditional Owner Settlement Act 2010'' to include those people recognised by the Attorney-General as traditional owners, based on their traditional and cultural associations with the land, and there are government guidelines detailing what these terms mean. They state that ''traditional'' "Denotes linkages with the past that are actively kept alive by the traditional owner group members. It is not restricted to features or activities understood to be fully continuous with, and identical to, such activities or features in pre-contact Aboriginal society".<ref name=alrcvic>{{cite web | title=The meaning of 'traditional' | website=ALRC | date=19 March 2014 | url=https://www.alrc.gov.au/publication/review-of-the-native-title-act-1993-ip-45/issues-paper-3/the-meaning-of-traditional/ | access-date=30 July 2020}} [[File:CC-BY icon.svg|50px]] Text was copied from this source, which is available under a [https://creativecommons.org/licenses/by/3.0/au/ Attribution 3.0 Australia (CC BY 3.0 AU)] licence.</ref>
 
Apart from the legal definitions, the terms traditional owners or '''[[traditional custodianscustodian]]s''' of the land are included in [[Acknowledgment of Country]] wording which is used to pay respects to the people of that Country.<ref>{{cite web | title=MTWW Protocols and Procedures Working in Partnership with Aboriginal Communities | website=Women's Health Goulburn North East Women’s Health Promotion Victoria | url=https://www.whealth.com.au/mtww/protocols.html | access-date=30 July 2020}}</ref><ref>Example, [[ServiceNSW]]: [https://www.service.nsw.gov.au "We acknowledge the Traditional Custodians of NSW, and their continued connection to land, water and culture. We pay our respects to Elders past, present and emerging."]</ref>
 
===Examples of alternative settlements===