Treaty

Aboriginal position. Aboriginal People give nothing up, Governments take nothing away, therefore nothing has changed. Aboriginal peoples retain irrefutable undiluted sovereign rights to a proper and just settlement as a matter of birth.

Aboriginal losses. The plight and sufferings of the Australian Aboriginal People is a consequence of historic, massacres and continued inhuman treatment which stems from the original and ongoing disruption to Aboriginal lifestyles, as affected by the colonisers of the 1770`s and as are perpetuated, by their successive Australian government regimes. 

Objectives. Bring about a means of lasting Aboriginal and Government peace, through redressing impacts of massacres and inhuman treatment of Aboriginal people and increase Aboriginal wealth and power sharing impacting the fullness and richness of mother earth bounty in all Her diversities. Enable suitable Aboriginal cultural celebration and set Aboriginal people free of forced government dependency, Achieve social cultural and economic independence under the process of Aboriginal self-determination. 

Treaty difficulties. Governments may not support the notion of two separate nations in the one country. Governments are unlikely to agree to Aboriginal people being elevated to the position of dominancy, whilst governments are plummeted to subserviency.

Treaty benefits for governments. Governments want certainty of security for legitimacy of occupation in Australia for themselves and multi-cultural society.   

Recommendation. Governments and Aboriginal people recognise and respect each other`s sovereignty so that a sovereignty kinship treaty can be negotiated on the basis each party has equal powers. Also allow for the swearing of Aboriginal allegiance and alliance to the crown which can be enacted once the treaty is signed. {America and England swear allegiance and alliance to Australia, yet they retain their full independence and sovereignty} i.e.

The recognition of Aboriginal sovereignty is needed. Should governments decide to abolish or go against the treaty, or there is need to make amendments to the treaty. Aboriginal people need to be empowered to negotiate as equals with governments to prevent any changes to the treaty, without the full support of all parties.   

NSW Aboriginal Land Right Act 

During 1980 to 1982 the NSW parliament established and commissioned a Select Standing Committee of the Legislative Assembly, to produce a report on Aboriginal Land Rights in NSW. The Select Standing Committee was tasked with the mandate to provide answers to three looming questions: should Aboriginal Land Rights be granted in NSW; how should Land Rights work; and who should Land Rights work for.  Findings of the Select Standing Committee were: “Socio-Economic deprivation of the NSW Aboriginal people is a consequence of the original seizure, and the subsequent break down in the Aboriginal lifestyle resulting in deterioration of every aspect of Aboriginal being, which culminates in poverty, ill-health and low self-esteem”.

the 1983 NSW Aboriginal Land Rights Act was implemented as a means of respecting Aboriginal peoples` connection to country, for overcome Socio-Economic problems as stemming from the aforementioned so-called lands and waters seizure now confronting Aboriginal communities,  

The NSW Aboriginal Land Rights Act recognises that the Land and waters in the State of New South Wales were traditionally owned and occupied by Aboriginal persons- Lands and waters are of spiritual social, cultural and economic importance to Aboriginal persons- It is fitting to acknowledge the importance land and water have for Aboriginal persons, and the need of Aboriginal persons for land and water- It is accepted that as a result of past Government decisions the amount of land set aside for Aboriginal persons has been progressively reduced without compensation.

The 1983 NSW Aboriginal Land Rights Act repealed the Aborigines Act 1969 and made provision, with respect to the Land Rights of Aboriginal persons including provisions for the vesting of land in Land Councils, the acquisition of land by or for those Councils and the allocations of funds to and by those Councils.

The NSW Aboriginal Land Council system is made up of the NSW Aboriginal Land Council, supported by the five NSW Aboriginal Land Council Zone offices who in turn assist in their day-to-day operations of the one hundred and twenty Local Aboriginal Land Council spread across NSW.

There is at least two ways Land Councils can claim crown land under the NSW Aboriginal Land Rights Act, Land Councils can claim land under a stipulated legislative claim process plus claim lands under a Aboriginal Land Agreement i.e.;

• Through a stipulated legislative land claim provision, the Minister for crown lands must grant a land claim, if the subject claim is vacant crown that is able to be mortgaged, sold or leased, and is not needed nor likely to be needed for an essential public purpose.
• The other way a Land Council can claim crown lands is under an Aboriginal Land Agreement {ALA}, the ALA process is based on a negotiated arrangement that can grant lands to Councils even if the claim does not, meet the requirements of the stipulated legislative land claim condition

The 1994 Native Title Act

The Native Title Act is not the outcome of a parliamentary debate but rather is the product of the Australian high court ruling.

At the time of first impact in each location the incoming colonisers documented the Aboriginal people who were in that place at that time, the colonisers also documented Aboriginal tribal and clan boundaries, totem systems, language groups, cultural practices customs and beliefs and so on.

To have a successful Native Title claim you must establish connection which means you must be able to demonstrate to the court that your existing handed down knowledge by your ancestors of your tribal and clan boundaries, totem systems, language groups, cultural practices customs and beliefs and so on, resembles what is recorded in the historic documents.

The 1994 Native Title Act makes provision relating to four broad overarching out-puts which are detailed in no order of priority as follows: the Native Title Act legitimised non-Aboriginal lands ownership access and use rights under a Native Title extinguishment process; and legitimized other interests for non-Aboriginal people over lands waterways and sea country in Australia; The Native Title Act dispelled the myth of Terra Nullius with the high court ruling that Native Title rights continues to exists in Australia; as well The 1994 Native Title Act makes provision to derive benefits to Aboriginal people who can prove a continuing blood line connection to country; finally the Native Title Act enables Native Title Holders to receive compensation for some losses or extinguishments of Native title interests.

• The Native Title Act makes provision for the establishment and management of Prescribed Body Corporates {PBC`S}, and respective governance areas.
• There can only be one PBCS per a Native Title boundary but there can be multiple governance areas for said boundary. The PBC`s manages the overall regional interests of the respective Native Title Holders, whilst the governance bodies can be delegated by the PBC to manage the localised day to day running of operations.  
• Only the law courts can determine that Native title Rights are extinguished.
• Native Title Holders have powers under an Indigenous Land Use Agreement {ILUA} to surrender Native Title Rights.
• Native Title Holders can treaty with governments.
• Native Title rights can coexist with others particularly on some crown lands.
• Native Title rights still exist on some crown lands including some Forestry Commission and National Parks, in which case these prior {prior to Native interest being upheld by the courts over a given area} activities remain intact, but provision is made for coexistence arrangement with the respective Native Title Holders.
• Native Title Holders can approve mining exploration licences and mining operations where Native Title exists, and they can be paid a percentage of royalties paid to governments by mining companies.
• Native Title Holders can enter lease arrangements with government and the pub