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EV5610 : Native Title and Land Use Planning Study Period - Case Study

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Internal Code : MAS461

Case Study Assignment

Please select either Option A OR Option B, and provide your answer in 2,000 to 2,500 words. The word length is not that important. What is really important is that you demonstrate that you understand the task and through your answer, that you also understand the issues involved and how they can be addressed, given what you have learnt from this Subject. You can choose Option A OR Option B. In your answer you must demonstrate that you understand the ‘future acts’ processes in the Native Title Act 1993 (Cth) and the role of Indigenous Land Use Agreements in authorising ‘future acts’. You must also demonstrate that you understand the dilemmas facing your organisation about the options open to it and their consequences for native title holders or registered native title holders or claimants. We have loaded the Assessment Outline for each of the Options on LearnJCU under the ‘Assessments’ tab. Question : What I want you to do is to select one of the following RNTBCs as your case study native title determination. Both of these are real determinations, and the following links are to a PDF document with a summary of the determination, including the nature of the native title rights and interests that have been recognised, and links to various key documents about the determination. Kalkadoon Native Title Aboriginal Corporation RNTBC http://www.nativetitle.org.au/documents/QLD_Kalkadoon.pdf or Western Yalanji Aboriginal Corporation RNTBC http://www.nativetitle.org.au/documents/QLD_WesternYalanji.pdf The object of this exercise is to provide you with a real native title determination and how to find more information about the determination and details that may be relevant to the task set out below. WHAT ARE COUNCIL’S OBLIGATIONS AND OPTIONS? (Explain here in about 300 – 400 words what Council’s legal obligations are under the Native Title Act 1993 (Cth) and what options Council has to take native title matters into account in the preparation of its new planning scheme.) WHO ARE THE KEY STAKEHOLDERS? (There will be at least four or five separate organisations or government departments and/or agencies that Council will need to deal with in relation to native matters. Identify who they are and why Council will need to deal with them and discuss whether they will need to be involved in the preparation of the Shire’s new planning scheme.) WHAT ARE THE RISKS FOR COUNCIL? (Explain here in about 200 – 300 words what the risks are if Council does not comply with the requirements in the Native Title Act 1993 (Cth) with respect to the protection of native title rights and interests and the ‘future acts’ provisions in the Act.) WHAT STEPS MUST COUNCIL TAKE? (Explain here in about 400 – 500 words the basic steps Council must take in order to comply with the Native Title Act 1993 (Cth) and the Racial Discrimination Act 1975 (Cth) to ensure that the rights and interests of native title holders have been taken into account in the preparation of its new planning scheme.) WHAT ARE THE LIKELY OUTCOMES FOR COUNCIL? (In about 200 words identify the likely outcomes if Council adopts the recommendations.)
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  • Posted on : December 18th, 2017
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