Checklists
ALGA has prepared the following checklists to assist:
- Councillors
- Local government councillors need to have an understanding of native title rights and interests, just as a Councillors are expected to have a broad understanding of any other matters that come before Council. A number of agencies have produced information or fact sheets and other publications that can assist in developing an understanding. For further information see the contact details listed below. The Australian Local Government Association (ALGA) has produced two resource Guides especially for local Councils. Your Chief Executive Officer or General Manager may already have a copy or alternatively, a copy can be obtained from ALGA. See contact details below.
- Executives
- Incorporating native title matters into council's operations will minimise the risk of future claims for damages and/or injunctions for invalid actions affecting native title rights and interests, and will minimise the potential for community division in relation to these matters.
- Legal officers
- Incorporating native title matters into council's strategic, corporate and operational decision making will minimise the risk of future claims for damages and/or injunctions for invalid actions affecting native title rights and interests, and will minimise the potential for community division in relation to these matters.
- Planners
- Local government planners may, particularly in rural and non-metropolitan areas and in some coastal areas, need to consider the impact of their activities on native title. When developing new planning documents or amending existing planning documents for an area where native title exists or may exist, it will be in Council's and everyone's best interests to ensure that native title matters are taken into consideration and that Aboriginal and Torres Strait Islander people are able to be involved in planning processes just as other people are able to be involved.
- Social/community officers
- The NTRB has a responsibility to ensure you make contact with the correct traditional owners for an area. They may also be able to assist with protocols and communication with the native title holders or claimants. It is advisable therefore, to establish good working relations with the relevant NTRB.
- Asset managers
- Asset managers and property Officers may, particularly in rural and non-metropolitan parts of Australia and in some coastal areas, need to consider the impact of their activities on native title. Native title rights and interests should be taken into account when acquiring Crown lands from State or Territory Governments; when disposing of Council owned land that came to Council by way of a Crown-to-Crown grant, or when renewing or approving new permits, licences or leases in areas where native title exists or may exist. If the activity affects native title, there are processes that Council will need to follow for the activity to be valid, or for it to be immune from injunctive action.
- Development officers
- Local government development assessment officers may, particularly in rural, regional and remote areas and in some coastal areas, need to consider the impact of development approvals on native title. When considering development assessment applications on land or waters where native title exists or may exist, there are processes that Council will need to follow for the activity to be valid, or for it to be immune from injunctive action.
- Environmental/health inspectors
- Environmental health inspectors/officers may, particularly in rural and non-metropolitan parts of Australia and in some coastal areas, need to consider the impact of some of their activities on native title. When renewing or issuing permits, licences or leases for an area where native title exists or may exist and it affects native title, there are due processes that Council will need to follow for the activity to be valid, or for it to be immune from injunctive action.
- Engineers
- Engineers/works managers may, particularly in rural and non-metropolitan areas and in some coastal areas, need to consider the impact of their activities on native title. When carrying out day-to-day activities or when a new activity or development is planned for an area where native title exists or may exist, there are due processes that Council will need to follow for the activity to be valid, or for it to be immune from injunctive action.
- Rangers/field officers
- Rangers and field staff may, particularly in rural and non-metropolitan parts of Australia and in some coastal areas, need to consider the impact of their activities on native title. When rangers and field staff are undertaking activities in areas where native title exists or may exist and it affects native title, there are processes that Council will need to follow for the activity to be valid, or for it to be immune from injunctive action.
