Territory Stories

Native Title anthropology after the Timber Creek Decision

Details:

Title

Native Title anthropology after the Timber Creek Decision

Other title

Land, Rights, Laws: Issues in Native Title. Vol. 6, no. 5 January 2017

Creator

McGrath, Pamela Faye

Collection

E-Publications; E-Books; PublicationNT

Date

2017-01-25

Location

Timber Creek

Description

This paper considers the implications of the Timber Creek decision for the work of native title anthropologists and highlights some of the conceptual and methodological shifts required for research on native title compensation claims. The author draws attention to the demanding nature of native title compensation cases and the potential for research to aggravate existing trauma associated with loss of country, arguing for the need for all involved to be attentive to this risk when pursuing future claims. - Publisher summary

Notes

Made available via the Publications (Legal Deposit) Act 2004 (NT).

Language

English

Subject

Native Title (Australia); Aboriginal Australians; Land tenure; Law and legislation

Publisher name

AIATSIS Research Publications

Place of publication

Canberra (A.C.T.)

Format

6 pages ; 30 cm.

File type

application/pdf

ISBN

9781922102621

ISSN

2204-6607

Copyright owner

Pamela Faye McGrath and AIATSIS

License

https://www.legislation.gov.au/Details/C2021C00407

Related links

https://aiatsis.gov.au/publication/35025 [AIATSIS website]

Parent handle

https://hdl.handle.net/10070/268149

Citation address

https://hdl.handle.net/10070/438785

Page content

Abstract In August 2016, the traditional owners of Timber Creek in the Northern Territory, the Ngaliwurru and Nungali peoples, were awarded over $3.3 million for the loss of their native title rights. $1.3 million of this award was a solatium payment, that is, compensation for hurt arising from damage caused by the loss of connection to the land. Griffiths v Northern Territory of Australia (No 3) [2016] FCA 900 (Timber Creek), which was heard by Justice John Mansfield, is the courts first litigated award of compensation for the loss or impairment of native title rights. In making his decision, Justice Mansfield relied on the evidence of anthropologists when assessing not only connections to country, but also the qualities and consequences of the social impacts that accompany the loss of connections to country. This paper considers the implications of the Timber Creek decision for the work of native title anthropologists and highlights some of the conceptual and methodological shifts required for research on native title compensation claims. The author draws attention to the demanding nature of native title compensation cases and the potential for research to aggravate existing trauma associated with loss of country, arguing for the need for all involved to be attentive to this risk when pursuing future claims. About the author Dr Pamela McGrath is a Research Director at the National Native Title Tribunal and Emeritus President of the Australian Anthropological Society. Pamela has been involved with native title research and policy analysis for over fifteen years. Her most recent research projects have focused on the social impacts of native title, Indigenous cultural heritage regulation, and the management and return of native title information. AIATSIS Research Publications ISSN 2204-6607 ISBN 978-1-922102-62-1 Published in 2017 by AIATSIS Research Publications Pamela Faye McGrath, 2017 All rights reserved. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1968 (Cth), no part of this article may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without prior permission in writing from the publisher. The Act also allows a maximum of one chapter or 10 per cent of this article, whichever is the greater, to be photocopied or distributed digitally by any educational institution for its educational purposes, provided that the educational institution (or body that administers it) has given a remuneration notice to Copyright Agency Limited (CAL) under the Act. Australian Instute of Aboriginal and Torres Strait Islander Studies (AIATSIS) GPO Box 553, Canberra, ACT 2601 Phone: (61 2) 6246 1111 Fax: (61 2) 6261 4288 Email: researchpublications@aiatsis.gov.au Web: http://www.aiatsis.gov.au/ntru/overview.html Cataloguing-in-Publication details are available from the National Library of Australia, www.trove.nla.gov.au. AIATSIS acknowledges the support of the Department of the Prime Minister and Cabinet (PM&C). The views expressed in this series are those of the authors and do not necessarily reflect the official policy or position of the Australian Insitute of Aboriginal and Torres Strait Islander Studies.