The Archaeology of No man's land: Indigenous camps at Corindi Beach, mid-north coast New South Wales

At Corindi Beach on the mid-north coast of New South Wales are five twentieth century campsites located on the fringes of the township, beside the town racecourse, an area called by local Aboriginal people 'No man's land'. These campsites are important symbols of the self-sufficient lifestyle followed by the Corindi Beach Indigenous community in the twentieth century and are a physical reminder of cross-cultural relationships between local people over the last hundred years. In a collaborative research project with Yarrawarra Aboriginal Corporation, these places are being documented through studying oral history, the cultural landscape and the material culture left behind at these places.

Painful wrench for a European mind : land claims and representations of history and aboriginal tradition in the Darwin hinterland

The first longitudinal study of the way the statutory recognition of Aboriginal traditional rights to land has affected Aboriginal groups in the north western Northern Territory. An interdisciplinary approach is used drawing on methods from both history and anthropology.

Real property law

The aim of this book is to provide the student and/or practitioner with a straightforward outline of some of the primary elements underlying the recognition and regulation of real property.

East Rennell World Heritage Site : misunderstandings, inconsistencies and opportunities in the implementation of the World Heritage Convention in the Pacific Islands

Continuing traditional land tenure and resource use pattern the landscapes and seascapes of the Pacific Islands, and the rights of customary land owners are enshrined in the constitutions of many Pacific Island states. The implications of this for heritage conservation programs implemented by national governments under international Conventions and Agreements are explored through a case study of East Rennell World Heritage site, the first site to be inscribed based on natural criteria under customary ownership and management. Dissatisfaction with World Heritage listing expressed by the community of East Rennell is argued to reflect inconsistencies in the requirements for inscription of the property and a tension between the conservation and ‘beauty pageant’ functions of the World Heritage List.

‘On my ground’: Indigenous farmers at New Norcia 1860s-1900s

These words were penned in 1867 by Father Venancio Garrido, a Benedictine monk at New Norcia Aboriginal mission in Western Australia (see Map 4.1). They form part of his lengthy report on the mission which was requested by the Colonial Secretary to be forwarded to the Aborigines Protection Society in London. In 1871 Father Garrido’s report was collated alongside other ‘information’ about Aborigines in Western Australia that had been collected by missionaries and government agents, and was printed by the government printer. The above statement suggests two issues which I will draw out in this chapter: the Aboriginal residents at New Norcia had a strong sense of right and wrong; and the Benedictine community at New Norcia considered them to be the original owners of the land which was, in 1867, increasingly occupied by pastoralists.

"Na miña terra": granxeiros indíxenas en Nova Nursia entre as décadas de 1860 e 1900

These words were penned in 1867 by Father Venancio Garrido, a Benedictine monk at New Norcia Aboriginal mission in Western Australia (see Map 4.1). They form part of his lengthy report on the mission which was requested by the Colonial Secretary to be forwarded to the Aborigines Protection Society in London. In 1871 Father Garrido’s report was collated alongside other ‘information’ about Aborigines in Western Australia that had been collected by missionaries and government agents, and was printed by the government printer. The above statement suggests two issues which I will draw out in this chapter: the Aboriginal residents at New Norcia had a strong sense of right and wrong; and the Benedictine community at New Norcia considered them to be the original owners of the land which was, in 1867, increasingly occupied by pastoralists.

Perceptions and attitudes of land managers in multi-tenure reserve networks and the implications for conservation

Multi-tenure reserve networks aim to connect areas managed for biodiversity conservation across public and private land and address the impacts of fragmentation on both biotic and social systems. The operation and function of Australian multi-tenure reserve networks as perceived by their land managers was investigated. Overall, the conservation of natural assets was the most frequently reported primary reason for involvement in a network. The perceived aims of the respective networks largely reflected the response identified for involvement and management. Over 88% of managers considered their involvement in multi-tenure reserve networks to be a positive or very positive experience. A lack of resources and time for management were considered major limitations of these networks. The majority (80%) of private land managers within networks were willing to be included in a national reserve system of conservation lands. As the Australian National Reserve System currently incorporates mostly public land, these findings have important and potentially positive implications for a greater role for protected private land.

Ecosystem conservation in multi-tenure reserve networks : the contribution of land outside of publicly protected areas

Multi-tenure reserve networks have been developed as a mechanism to improve cross tenure management and protection of biodiversity, but also as a means of accounting for biodiversity assets managed for conservation outside of protected areas on public land. We evaluated the contribution of multi-tenure reserve networks to enhancing the comprehensiveness and representativeness of ecosystems in publicly protected areas, using three Australian case studies. All networks contributed to enhancing comprehensiveness and representativeness, but this contribution varied between networks and between components of those networks. Significantly, components on private land and "other public land" in all three networks greatly enhanced the protection of some ecosystems at a subregional scale. The Grassy Box Woodlands Conservation Management Network, in particular made a substantial contribution to conservation, with most components protecting remnants of an endangered and under-represented ecosystem. Multi-reserve conservation networks not only act to protect threatened and under-reserved ecosystems, but they also provide a mechanism to account for this protection. Thus, multi-tenure reserve networks have the potential to provide increased knowledge and understanding to conservation planning decision making processes.

Feudal tenure and native title: revising an enduring fiction

This article argues that the feudal doctrine of tenure continues to endure as the foundation for Australian land law despite its obvious social and historical irrelevance. The doctrine of tenure is a derivation of feudal history. The article examines some of its historical foundations with the aim of highlighting the disparity between the fiction of this inherited form and the reality of a colonial Australian landscape. Particular attention is given to the fact that Australian feudal tenure was always a passive framework. It was disconnected with the landscape and therefore incapable of responding to the needs of colonial expansion. This resulted in a clear disparity between feudal form and the reality of a land system populated by statutory grants. The article argues that feudal tenure was never truly devised as a responsive land system but rather, adopted as a sovereignty device. In this sense, legal history was utilised with the aim of promoting imperial objectives within colonial Australia. Tenure was equated with absolute Crown ownership over all Australian territory despite the fact that this was inconsistent with the orthodox tenets of feudal tenure.
The article argues that the consequence of adopting feudal tenure and absolute Crown ownership has been the estrangement of indigenous rights, title and culture. The creation and legitimisation of a land framework with a fundamentally Eurocentric perspective completely destroyed indigenous interests during the settlement and colonial era. It created an imperial ideology where colonists silently accepted the denial of indigenous identity. The decision of the Mabo High Court to reassess this historical perspective and accept the validity of proven native title claims clearly disturbed tenurial assumptions. However, the High Courts' reification of the feudal form created a fundamental paradox: indigenous title was accepted as a proprietary right within a framework incapable of and unequipped to recognise the fundamentally different cultural perspectives of customary ownership. The article argues that native title cannot evolve within a common law framework that regards ownership as a derivation of the English Crown. It is suggested that ultimately, a pluralist property culture, where indigenous and non-indigenous title exist as equalised entities, can only be properly nurtured with the full and absolute abolition of the feudal doctrine of tenure.

Disinterested truth: legitimation of the doctrine of tenure post-Mabo

This article argues that it is time for the complete abolition of feudal tenure in Australian land law and its replacement with an allodial model better able to promote proprietary independence, equality and cultural neutrality. The article considers the questionable constitutional legitimacy of adopting strict feudal tenets in a territory already inhabited by indigenous occupants. It goes on to examine the various legitimation devices that the courts have utilised to sustain the feudal construct and the effect that Mabo has had upon feudal orthodoxy. In particular, the article outlines why post-Mabo tenure is incapable of embracing a pluralist land system; it is suggested that the Eurocentric character of feudal tenure and the structural impediments associated with the acceptance of a non-Crown title prevent it from ever being able to effectively integrate native title into the structure of property law. In light of this, the article argues that post-Mabo tenure lacks both legal and social legitimacy and the 'disinterested' perpetuation of this system must be brought to an end. The article argues that the time has well and truly come to replace feudal tenure with an allodial model based broadly on the system that has developed in the United States but with particularised adaptations. The removal of the Crown and its associated cultural assumptions from the land framework would, it is argued, allow land interests to develop according to their individual cultural origins. This would create a more responsive and balanced system better equipped to embrace the developments of contemporary common law jurisprudence.

History and attributes of selected Australian multi-tenure reserve networks

The need for conservation planning across the landscape, regardless of tenure, is widely recognised. In Australia, attempts to coordinate the management of conservation lands are characterised by models such as Biosphere Reserves and Conservation Management Networks. This paper outlines the history behind the formation and development of three networks in Australia—the Bookmark Biosphere Reserve, the Gippsland Plains Conservation Management Network, and the Grassy Box Woodlands Conservation Management Network—with particular emphasis on the tenure and protection attributes of the various components within these networks. Despite having a similar number of components, the total area represented in the networks varied markedly. There were few similarities in the proportion of components of various tenures and protection mechanisms among networks. Composition of networks is likely to be strongly influenced by both historical factors (degree of subdivision, land ownership and remaining vegetation) and contemporary factors (aims of the network and willingness of landowners to participate). Continued research into both the evolution and the physical and social dynamics of multi-tenure reserve networks enables a better understanding of their operation, and will ultimately assist in improved conservation planning across the landscape.

Role of multi-tenure reserve networks in improving reserve design and connectivity

Multi-tenure reserve networks aim to connect areas managed for biodiversity conservation across public and private land. This paper seeks to determine to what extent multi-tenure reserve networks improve the reserve design and connectivity of the public protected area estate, using three networks in southeastern Australia as case studies. Network configuration varied considerably and those networks with generally larger parcels tended to be better connected. On average, public land components were larger than private land components in all networks. Two networks had 18 components physically adjoining other network components while another had only 6 components adjoining. Importantly for two of the networks, the average distance between the nearest neighbouring component was significantly less than average distances between public protected areas in the subregion. Thus these multi-tenure reserve networks acted to enhance the existing public protected area estate by increasing the potential linkages in the landscape and therefore the viability of individual public protected areas.

Evolving governance arrangements in multi-tenure reserve networks

Multi-tenure reserve networks (MTRNs) aim to connect areas managed for biodiversity conservation across public and private land (for example biosphere reserves (BRs) and conservation management networks (CMNs)). A key function of MTRNs is facilitating communication, information exchange and management activities between land managers of differing tenures not usually in contact with each other; governance arrangements are therefore crucial. Australian MTRNs vary greatly in their goals and measures of success, criteria for entry, ecosystems targeted, geographic extent and financial arrangements. The successful operation of a MTRN is likely to be influenced by a manager's confidence in the governance model/coordination arrangements (Belcher & Wellman 1991). We analysed the organizational structure of three Australian MTRNs (Fig. 1) including the objectives and role of the coordinating body, entry requirements, goals and measures of success, restrictions placed on the geographic or ecological extent of the network and financial arrangements. We highlight how substantial changes in governance arrangements have occurred for two of three networks studied, suggesting a fluid evolution of MTRN structures is likely.

Multi-tenure reserve networks as a means to facilitate landscape and sub-continental connectivity?

There has been increased focus on establishing landscape and sub-continental scale linkages and corridors in Australia in recent years. These include the WildCountry, Alps to Atherton, Naturelinks and Gondwana Link initiatives. However, there has been little discussion as to what the underlying tenure, land use and protection mechanisms might look like on the ground. The development of Biosphere Reserves and Conservation Management Networks (collectively ‘multi-tenure reserve networks’) which incorporate public and private conservation lands under a variety of tenures and protection mechanisms provides example of how this might be achieved.

Whilst the rhetoric has been strong the amount of actual research on what multi-tenure reserve networks mean in practice has been limited. This paper reflects on the lessons acquired from research into these networks and discusses with this practical insight the difference between rhetoric and performance in this vital area. In particular we discuss some of the ecological, social, governance and legal aspects of these networks. We will also proceed to hypothesise on what the future challenges are for multi-tenure reserve networks and what will be needed to overcome these challenges.