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Western Australian Aboriginal heritage law

Western Australian Aboriginal heritage law

by John Southalan | Sep 11, 2020 | John Southalan, Native Title, Aboriginal Land & Communities

WA’s Aboriginal Heritage Act has the stated aim to preserve Aboriginal heritage, but is used far more often for the opposite effect. This note details cases and events of the Act’s operation since 1972. Read blog on AusPubLaw...
Regulation of the resources sector

Regulation of the resources sector

by John Southalan | Nov 7, 2019 | Environment, Governance & Regulation, Human Rights, Joe Fardin, John Southalan, Land Access, Mining & Energy, Native Title, Aboriginal Land & Communities

Members of Resources Law Network provided a submission to the Productivity Commission inquiry into Resources Sector Regulation. The submission identified issues regarding best-practice arrangements and urged a broadening scope of study. The full Resources Law Network...
Free, prior and informed consent: how and from whom? An Australian analogue

Free, prior and informed consent: how and from whom? An Australian analogue

by John Southalan | Oct 17, 2019 | Human Rights, Joe Fardin, John Southalan, Land Access, Native Title, Aboriginal Land & Communities

International law imparts increasing significance to the concept of ‘free prior informed consent’ (FPIC) of Indigenous communities. International standards and jurisprudence emphasise that impacts on an Indigenous community should not occur without that community’s...
The FPIC Fixation: Indigenous – Mining Law, Internationally and Australia

The FPIC Fixation: Indigenous – Mining Law, Internationally and Australia

by John Southalan | Apr 13, 2019 | Governance & Regulation, Human Rights, John Southalan, Native Title, Aboriginal Land & Communities

This paper outlines the current state of free prior informed consent (FPIC) at the international level, examines some common difficulties, and then describes Australian domestic law regarding these issues. FPIC is frequently cited as a legal standard for the...

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