AOS 2 UNIT 3 Flashcards
What is Custodianship?
The responsibility of taking care and protecting something.
What is Sovereignty??
a state or governing body that has full right to power or to govern itself.
What is “Terra Nullius”
land that is legally deemed to be unoccupied or uninhabited.
Was Sovereignty ever ceded.
No, after 1788, no formal war was fought between settlers and Indigenous peoples. Therefore, no nation was defeated formally so sovereignty over the land was never relinquished.
What did Eddie Mabo do?
overturned the legal doctrine of “Terra Nullius”, acknowledging the existence of Indigenous land rights based on traditional connections to the land.
When was the Mabo Case?
28, May 1992
What are the 3 Processes to Traditional Owners pursue to formal Recognition??
- Native Title Determination
- Victorian Recognition and Settlement Agreement
- Becoming a Registered Aboriginal Party
What is Native Title Determination?
Native title determination involves recognition by the Federal or High Court that a groups’ rights continue from before European colonisation to the present day.
What does Native Title Allow?
To camp, hunt, fish, gather food, and teach law and custom on Country.
How do you initiate Native Title Determination?
To initiate a native title claim, an application is made to the federal court by traditional owners with reference to an area of public land/water.
What is the Victorian Recognition and Settlement Agreement?
The Traditional Owner Settlement Act 2010 provides a framework for the State and a Traditional Owner group to agree to a comprehensive settlement package.
What does Victorian Recognition and Settlement Agreement entail?
- recognition as the named Traditional Owner group and their traditional rights over Country
-use certain natural resources, including for commercial purposes, and participate in natural resource management
-providing payments into the Victorian Traditional Owners Trust and/or payments to the Traditional Owner Group Entity
What are the “Steps to Formal Recognition”?
Right people, Right Country, Decision Making, Capability, Incorporation
What is the “Right People”?
Groups need to be inclusive and representative of all Traditional Owners with interests and rights to the country.
What is the “Right Country”?
Groups must demonstrate a connection to a defined area of country.
What is “Decision Making”?
Groups need to have agreed decision-making structures and processes in place.
What is “Capability”?
Groups need to have the organisation capability to manage legal responsibilities.
What is “Incorporation”?
Groups need to appoint a corporation to act for them.
What happens after the “Steps to Formal Recognition”?
Once the requirements of the first four steps above are met, Indigenous peoples organise together to form an incorporated group, this is known as a Land Council, Land and Water Council or Land and Sea Council.
What is the purpose of Registered Aboriginal Parties?
Registered Aboriginal Parties are responsible for managing all land, water and Aboriginal cultural heritage within their appointed areas.
Who is your local Registered Aboriginal Parties?
The Bunurong Land Council Aboriginal Corporation is the Registered Aboriginal Party for the Mornington Peninsula.
What are the responsibilities of the Registered Aboriginal Parties?
- Traditional burning practices
- Water management
- Bush food and medicine
identification and promotion - Sacred site identification and
management - Consulting with landowners
Yorta Yorta Case
-Filed claim in 1994
-Fedr. Court dismissed in 1998.
-Appealed however High court came to the same conclusion.
-April 2022, did not participate in Victorian Treaty instead looked for recognition.
Why did the Federal Court dismiss the Yorta Yorta Case?
came to the conclusion that they did not maintain the necessary connection to their traditional Country.
What is Conservation?
Taking part in the practices that focuses on maintaining and improving the health of the environment.
What are Conservation Perceptions?
The perception is that nature need help and is something that we need to nurture in response to negative impacts on the environment.
What are Conservation Interactions?
Human efforts that are aimed to conserve the environment ex. restoration, habitat creation, track building, infrastructure, and maintenance. Traditional fires are also being integrated. Interaction can also be less hands on like guidelines and policies.
What are Conservation Perceptions?
Impacts are mainly positive due to the major benefits to the environment. However, it can be harmful as the building of infrastructure e.g. boardwalks can reduce the environment.
P.I.I for Penguin Parade
P- The land needs to be protected and nurtures.
I- Creation of nesting boxes for penguins.
- Creation of boardwalks.
I- Increase in local penguin’s numbers
- Minimizes impact visitors have on environment. Small amount of habitat loss
Where is the Penguin Parade?
Summerland’s
P.I.I for Koala Conservation
P- The land needs to be protected and nurtures.
I- Rehabilitating Koalas
Koala breeding programs
I- Increase Koala Population
Where is the Koala Conservation?
Rhyll’s