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...
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...
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...
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...