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Presentations
Workshop Address
Graham Fletcher
Member
National Native Title Tribunal
Invited guests, conference delegates, ladies and gentlemen, on behalf of President Graeme Neate, and Registrar Chris Doepel,
of the National Native Title Tribunal it is with much pleasure that I welcome you here this morning to this workshop
Understanding Native Title from a Geospatial Perspective.
I would like to acknowledge the assistance of the Land Rights and Native Title Branch, ATSIS who have supported the attendance
of a number of staff from Native Title Representative Bodies from around the country, recognising that this learning and sharing
of experiences contributes towards their capacity building initiatives.
The support of the Native Title Information Working Group of the Intergovernmental Committee on Surveying and Mapping is also
acknowledged and we are confident that the working group’s participation in this workshop will assist in their ongoing deliberations.
We are also thankful for the Spatial Sciences Institute for providing the opportunity to hold the workshop and specifically to
the Cartography Commission for the support provided.
In bringing together this workshop, the Tribunal is seeking to provide an environment where practitioners engaged in native title
processes can share an understanding and awareness of issues associated with those matters having a geospatial characteristic,
not just maps but information that pertains to the where, who, what and when of native title.
Today provides the opportunity to hear what is happening geospatially in native title around the nation and by sharing experiences
we can hopefully further improve the way native title business is conducted.
We thank all presenters who have taken the opportunity to share their stories with us today and we look forward to and encourage
delegates to actively participate and contribute throughout the day and specifically during the Open Forum and Working Group sessions.
Without further ado I’m pleased to open the workshop and give the first presentation today — Mediating Native Title.
Workshop Presentations
Summaries of presentations are also available below.
Further resources
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The Tribunal's geospatial involvement in a native title application |
Outlines the major steps in the native title application process and where geospatial aspects fit into the process. |
National Native Title Tribunal |
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Geospatial information assisting native title |
Illustrates innovative and value adding ways in which
geospatial information is being used by the Tribunal to assist the mediation process. |
National Native Title Tribunal |
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Visualising native title |
Explains how web mapping systems are playing their part in helping Tribunal staff visualise and analyse native title matters, to assist people involved in native title applications and negotiations. |
National Native Title Tribunal |
Summary of Presentations
Mediating Native Title Outcomes
Graham Fletcher, Member, National Native Title Tribunal
Tribunal Member Graham Fletcher welcomed participants and presented an overview of the mediation process,
and the key role geospatial information can play in achieving outcomes. In this process, the Federal Court
refers matters to the Tribunal for mediation. The purpose of native title mediation is to seek agreement on
whether native title exists or existed in relation to the area of land or waters claimed. Geospatial information
was considered as possibly the most important tool in mediation; providing a picture that is less likely to be
misunderstood than words; transcending cultural, educational and emotional boundaries; achieving savings on
field inspections and at mediation meetings; providing an accurate and common database, held by the independent
mediator and providing a mechanism for each party to add their own layer of confidential information. Other
benefits were also indicated.
By way of a case study a comparison of 'proposed' with 'as constructed' information highlighted many
irregularities in the location of infrastructure and spatial relationships with other matters. Pictorial
representation of areas of interest such as lease boundaries, roads and landing grounds overlaid with aerial
photographs allowed common visualisation for irregularities to be identified and discussed.
Mediation of the complex issues is effective to a greater or lesser degree based on the availability of
timely and accurate geospatial data together with flexible presentation methods.
Delivering Future Act Agreements — A Survey Register
Bardy McFarlane, Member, National Native Title Tribunal
A historical perspective of the issues concerned with future act matters was provided by Tribunal Member
Bardy McFarlane to set the scene. The problem of the current backlog of tenements in Western Australia,
the process of addressing this issue and the solution were then the focus of the presentation.
There is a large backlog of tenements which have yet to be notified under the requirements of the Native
Title Act and an effective process is required to deal with this and future lodgements of tenement applications,
as well as preventing it from happening again in the future.
The proposed solution will involve standard heritage protection agreements negotiated for each native title
representative body, possible amendments to the WA mining act, and the implementation of a Survey Register
storing specific information from aboriginal heritage surveys. Spatially recording these surveys within the
Register, together with details of when, where, who and what should eliminate the need for repeat heritage
surveys over the same area. The Register will also contain links to the Cultural Sites Register and other
datasets such as native title applications. Implementation of the Survey Register will be a very useful
tool in the delivering future act agreements.
Information Requirements of the Pastoral Sector
Dr Henry Esbenshade, Pastoralists and Graziers Association of Western Australia
Dr Esbenshade provided an insight into the native title process, from the perspective of landholders
such as pastoralists and gave an explanation of the role of the PGA in providing advice and support to its members.
With the change in Government in Western Australia the native title landscape changed from litigation to mediation.
Dr Esbenshade indicated that in order for mediation to be a constructive process for the landholders, the indigenous
peoples need to be aware of and prepared for all potential issues. The larger the area subject to claim, the more complex
the process can become. When there are overlaps between native title parties, these issues should be resolved before seeking
agreement with other stakeholders.
Accurate geospatial information was identified as being critical to the PGA for dealing with native title issues. They look
to the State and Commonwealth Governments to provide access to geospatial and research information products to assist them in
their participation in the native title process.
Information Requirements of a Representative Body
Dewayne Mundraby, North Queensland Land Council Aboriginal Corporation, Qld
Representing the North Queensland Land Council Aboriginal Corporation, Dewayne Mundraby gave a presentation on behalf
of the author who was unable to attend the workshop.
Mr Mundraby highlighted the vast chasm between Government’s ability to interpret and administer the Native Title Act and
indigenous peoples’ ability to do the same. The result is that indigenous peoples do not have a strong association with or
sense of ownership of the Native Title Act.
The cartographic methods used to portray native title matters are not second nature to indigenous peoples. Indigenous peoples
do not see land from the sky, making the point that they are more familiar with features rather than lines, unless the lines
are physical, such as fences. Aerial photography is a very important resource because it presents recognisable features, unlike
tenure maps. Three dimensional mapping in particular offered the opportunity to see the land as it really is.
Traditional owners are more likely to collate their own stores of geospatial information. Cultural sites are being recorded by
use of GPS, but access to the geospatial data is restricted due to cultural sensitivity.
Bringing it all together for Decision Support
Owen Earley, Central Land Council, NT
Detailing the redevelopment of the Central Land Council’s sites database, Owen Earley gave an insight to information
needs of internal clients such as anthropologists.
Anthropologists who work for the Council depend upon good access to accurate information within tight timeframes. The
existing sites document management system had grown beyond its capabilities to meet deadlines. The system was comprised
of a large room with shelves overflowing with paper files, and a simple text search engine to locate individual files.
The text search engine had been identified as being restrictive in searching and that alternative search methods were required.
Geospatial technologies were identified as being able to provide searching by location. The text search engine has been rebuilt
to include a spatial index enabling the system to deliver results from both attribute and spatial queries in a web browser.
Adding a spatial dimension to the database has introduced geospatial issues which had not been encountered previously. The best
topographic mapping available to the Central Land Council has been the national 1:250 000 series. Whilst this is suitable for viewing
the overall Central Land Council area of interest, accuracy of mapping cultural sites at this scale is low. Tenure boundaries depicted
on the maps for example often do not follow fence lines on the ground and therefore relative positions of features can be misleading.
Confidentiality of spatial and attribute information has also been an important consideration, with buffering used around sites to
protect specific locations.
The new system is currently in development and will provide a better service to its clients. However addition of the spatial
dimension requires users to be more intuitive and forgiving when interpreting the spatial correctness of the information provided.
Burning CDs to Save the Trees
Paul Godden, Dept of Land Information, WA
Paul Godden from the WA Department of Land Information’s Land Claims Mapping Unit (LCMU), spoke about a new approach to presenting
current and historical tenure information. Advantages of the new approach included a massive reduction in physical storage, information
capable of integration with existing systems and ease of update.
LCMU provide maps and advice of native title application boundaries and underlying interests such as current and historic land tenure
to clients. Traditionally this had been achieved through the provision of volumeous quantities of paper files and maps, which was both
unweildy to transport and cumbersome to manage. The new system stores current and historical tenure documents digitally on CDs and allows
the clients to view and manipulate the information through the use of freely available software. Using the example of the information
created for just one native title application (Wongatha), the move from hardcopy to softcopy was estimated to have resulted in the
saving of nearly 700 trees.
Geospatial technologies were employed to develop a system which retained the functionality of the traditional analogue system, whilst
also being affordable, reusable, and transportable. This has resulted in decreased demand of storage space and consumables coupled
with the ability to streamline the delivery of outcomes.
To date digital coverage of historical tenure information is available for the southern and goldfields areas of Western Australia with
the remainder of the state’s historical tenure plans progressively being converted for inclusion.
Managing Native Title Boundaries from a Land Manager’s Perspective
Martin Batt, Native Title Policy Unit — Dept of Sustainability and Environment, Victoria
Martin Batt from Native Title Policy Unit, Department of Sustainability and Environment gave a presentation on
managing native title boundaries within Victorian systems.
The ability of the Native Title Policy Unit to provide accurate analysis and services has been limited by existing
departmental systems used to map the native title applications. The systems are restrictive because they are
unable to record portions and topographic features claimed. As such, boundaries produced of native title
applications are a departmental interpretation only. This has lead to difficulties recording outcomes of
agreements and determinations.
To address the limitations of current approaches, a new system known as the Public Land Usage Service (PLUS)
is being developed. It will utilise data already collected, link to other relevant data, provide ad-hoc reporting
and be accessed through a web based browser. Issues which are being considered in the development stage include:
- How much information needs to be recorded? (cost versus benefit);
- How is it best provided to Land Managers?;
- What are the roles of the State and the Commonwealth (National Native Title Tribunal) in recording applications and determinations?
Native Title and Land Administration Reform
Grahame Searle, Dept of Land Information, WA and ANZLIC Member
Acting CEO Grahame Searle, of the WA Department of Land Information, presented the workshop audience with a passionate presentation
of the value of Torrens land titles system and the opportunities to record native title interests on certificates of land title.
Mr Searle offered the view that any person holding a certificate of land title should be able to determine from that certificate whether
there are native title interests covering that land title. Accurate portrayal of native title determinations and ILUA's at the land
parcel level is directly dependent on the level of detail provided in the filed application documents. It is considered
insufficient to include only a notation indicating a native title interest on the title.
The current native title process may not always create an outcome providing enough detail to identify land parcels affected.
Legal opinion from resources such as Crown Solicitors Office, are often required to make those interpretations, which in turn
may be different to the interpretation made by others.
These uncertainties and restrictions raise questions of whether the court process is beneficial for all parties involved. Assuming
that the court process continues, agreement on national standards for the geospatial characteristics of native title should be pursued.
Formation of a interest group facilitated by the National Native Title Tribunal could help to ensure native title matters are specific
in identifying land parcels affected, in turn assisting recording final outcomes on certificates of land title.
Integration of Native Title Information and Other Interests into the Northern Territory’s Land Administration Processes
Donna Barker, Dept of Infrastructure, Planning and Environment, NT
An overview of the integration of native title information into the NT Land Information System (NTLIS) was described by Donna Barker
from the Department of Infrastructure, Planning and Environment.
The NTLIS is a cooperative entity between NT government agencies, using spatial data resources to deliver better outcomes and includes
an online mapping system that provides access to government spatial data.
Native Title information is required by NT Government agencies to support decision making for economic and social development. Issues
which were canvassed in the presentation included:
- Sensitivity of data;
- Protection of the integrity of source information;
- Breakdown in communication between agencies;
- Integration of data.
By focusing on these key points the NTLIS is expected to evolve to support planning processes more comprehensively, in a timely and
flexible manner.
Statutory and Custodial responsibilities of National Native Title Tribunal (geospatial focus)
Peter Bowen, National Native Title Tribunal
An outline of what the National Native Title Tribunal is doing to meet its statutory and custodial responsibilities, was given by Peter Bowen, Manager of
the Tribunal's Geospatial Analysis and Mapping Unit.
As native title is related to the land, geospatial information plays a fundamental role in the native title process. The National Native Title Tribunal has a
dedicated geospatial team to assist with meeting statutory and custodial responsibilities of a geospatial nature and these include
recording the spatial extent of native title matters, provision of assistance to parties in mapping and technical description preparation,
specialist mapping products for mediation, spatial analysis services such as searches against Tribunal Registers and databases,
together with the provision of expert opinion.
Demonstration was provided on their web based application enabling internal users to visualise, query and analyse native title matters.
An outline on their strategy to provide similar access to external users through an ExtraNet solution was also provided. Underpinning
this strategy is the philosophy that sharing of information will promote consistency between players leading to better informed decisions.
ICSM Native Title Information Working Group
Dr Russell Priebbenow, Chair — ICSM Native Title Information Working Group
The Intergovernmental Committee on Surveying and Mapping (ICSM) is made up of representatives from all the Australian States,
Territories, the Commonwealth and New Zealand. Members are responsible for government surveying and mapping functions in their
jurisdiction. A Working Group on native title information was formed to contribute to increased certainty with respect to native
title rights and interests by promoting the adoption of appropriate methods for defining native title interests and recording and
exchanging relevant information about native title interests.
Dr Priebbenow, the Working Group Chair and ICSM member for Queensland gave an informative presentation on why ICSM is involved in
native title and what ICSM is currently doing in this area.
Part of the ICSM role is to provide effective data models and standards and through the Native Title Information Working Group is
working towards providing a harmonised data model which records the extent and attributes of rights and interests in land. Rights
and interests may be registered, or unregistered, such as native title rights and interests.
Progress to date has resulted in the proposal of five principles which relate to the spatial definition of the area and are detailed
in the linked presentation.
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