PBCs finding the balance between laws and asset security

Native Title has developed substantially as a legal precedent over the last 25 years and has grown in sophistication in relation to the determination of Native Title, including the recognition of large areas of exclusive possession native title. A central challenge PBCs confront in the post determination environment is leveraging their native title to meet cultural and economic imperatives and aspirations of their Native Title common law holders, whilst operating within the many Australian laws regulating in that space. PBCs are often in a situation where to leverage rights from land for economic development they need to consider giving up some of those native title rights hard fought and won. This may not comfortably fit with the aspirations of Native Title common law holders.

Compounding these challenges is the limited timeframes, financial and other resources available to PBCs to adequately carry out their functions arising from their determination and also to have sound internal policies in relation to how they manage cultural governance and the aspirations of the people they represent.

This presentation scopes the broad content of NQLC’s Development Plan Project (PDP) which provides comprehensive services in three main areas: foundational administrative, governance and sustainable financial positioning. Furthermore, within the PDP project, the presentation will focus on native title community engagement in planning, economic opportunities and the implementation of existing and negotiation of future agreements.