SIGNIFICANCE OF NATIVE TITLE TO THE PETROLEUM INDUSTRY

2002 ◽  
Vol 42 (2) ◽  
pp. 163
Author(s):  
Doug Young ◽  
Stuart MacGregor
Keyword(s):  
Cultural Heritage ◽  
Petroleum Industry ◽  
10Th Anniversary ◽  
High Court ◽  
Native Title ◽  
The Past ◽  
Legislative Amendments ◽  
Offshore Petroleum

This year is the 10th anniversary of the High Court’s decision in Mabo [No 2]. This paper presents a potted version of what has occurred over the past decade and then a more detailed summary of what has happened over the past year, including recent native title and cultural heritage cases and legislative amendments and their impact on both onshore and offshore petroleum explores and producers. It also looks at the issues likely to be considered by the High Court in the long-awaited decision in the Miriuwung Gajerrong (Ward) case.

CULTURAL HERITAGE AND THE PETROLEUM INDUSTRY

2006 ◽  
Vol 46 (1) ◽  
pp. 611 ◽  
Author(s):  
G. Scott
Keyword(s):  
Cultural Heritage ◽  
Petroleum Industry ◽  
Heritage Management ◽  
Duty Of Care ◽  
Cultural Heritage Management ◽  
High Court ◽  
Native Title ◽  
Indigenous Groups ◽  
Management Plans ◽  
Heritage Legislation

Since the introduction of the Native Title Act 1993 (Cth) and its subsequent amendment in 1998, the main focus for developing pipeline projects was on native title issues. Cultural heritage was seen as a more operational matter and not one that would affect the ability to operate or construct pipelines. With higher standards being set by the High Court for native title claimants to maintain a claim, the management of cultural heritage issues (as opposed to the protection of native title rights) are now forming a significant part of negotiations between project proponents and indigenous groups for the development of petroleum projects.State, Territory and Commonwealth legislation dealing with Aboriginal cultural heritage also provides a more immediate source of obligations on project proponents. Even when all regulatory authorities and approvals are held, this legislation can provide affected parties the ability to stop projects if proponents ignore the requirements to protect and manage Aboriginal cultural heritage.This paper briefly examines how cultural heritage issues and native title issues interact from a practical viewpoint and then goes on to provide an overview of cultural heritage legislation throughout Australia including a focus on the unique model adopted in Queensland through the introduction of the ‘cultural heritage duty of care’.This paper then provides examples of what companies will need to do to comply with statutory obligations in minimising harm to cultural heritage through examples of common inclusions in cultural heritage management plans, together with identifying issues that are often forgotten to the detriment of a project in such plans. It also points out why cultural heritage issues may need more immediate actions in comparison with native title issues for the development and construction of new petroleum projects.

AUSTRALIA—SOVEREIGN RISK AND THE PETROLEUM INDUSTRY

2005 ◽  
Vol 45 (1) ◽  
pp. 191
Author(s):  
D. Young ◽  
R. Brockett ◽  
J. Smart
Keyword(s):  
National Parks ◽  
Petroleum Industry ◽  
Country Risk ◽  
Seismic Exploration ◽  
Sovereign Risk ◽  
High Court ◽  
Native Title ◽  
Risk Rating ◽  
The Usa ◽  
History Of

Australia has rejoiced in its reputation for having low sovereign risk and corresponding rating, for decades. This reputation was bruised in the first decade after the High Court introduced Native Title into Australian law by the legislative response of the then Government, but has since recovered, and enjoys the world’s lowest country risk rating, and shares the worlds best sovereign risk rating with the USA. A number of government precipitated occurrences in recent times, however, raise the question: for how long can this continue?This paper tracks the long history of occasional broken resource commitments—for both petroleum and mining interests—by governments at both State and Federal level, and the policies which have driven these breaches. It also discusses the notorious recent cancellation of a resource lease by the Queensland Government, first by purporting to cancel the bauxite lease and, after legal action had commenced, by a special Act of Parliament to repeal a State Agreement Act. This has raised concerns in boardrooms around the world of the security of assets held in Australia on a retention, or care and maintenance basis.The paper also looks at the cancellation of the offshore prospecting rights held by WMC, with no compensation. This was a result of the concept that rights extinguished by the Commonwealth, with no gain to the Commonwealth or any other party do not constitute an acquisition of property, thereby denying access to the constitutional guarantee of ’just terms’ supposedly enshrined in the Australian Constitution where an acquisition has occurred.Some other examples are the prohibition on exploration in Queensland national parks last November. This cost some companies with existing tenures a lot of money as exploration permits were granted, but then permission to do seismic exploration refused (Victoria). Several losses of rights occurred as a result of the new Queensland Petroleum and Other Acts Amendment Act after investments have been made.Changes in fiscal policy can also impact on project viability, and some instances of this are considered.This paper also explores ways these risks can be minimised, and how and when compensation might be recovered.

scholarly journals Wik Peoples v State of Queensland: Extinguishment of Native Title

1998 ◽  
Vol 28 (2) ◽  
pp. 341 ◽  
Author(s):  
Richard Ogden
Keyword(s):  
Property Rights ◽  
High Court ◽  
Native Title ◽  
The Past ◽  
To Come ◽  
High Court Of Australia

The 1996 decision of the High Court of Australia in Wik Peoples v State of Queensland  will be remembered by all as the first fruits of the Mabo  decision.  Wik is the first of many decisions that will challenge Australia as it attempts to come to terms with the past.  The Wik case introduces the possibility that native title may indeed survive 'extinguishment' or at the very least may be subject to mere 'impairment' when conflict arises.  This is a consequence of the re-conceptualisation of property rights that the practical outcome of the case necessitates.  This article explains the move from 'co-existence' of rights to 'impairment' of native title to the possibility of the revival of native title.

RECENT DEVELOPMENTS IN NATIVE TITLE LAW AND CULTURAL HERITAGE AFFECTING THE PETROLEUM INDUSTRY—CERTAINTY, BUT AT A PRICE

2004 ◽  
Vol 44 (1) ◽  
pp. 741
Author(s):  
D. Young ◽  
G. Scott ◽  
J. Norris
Keyword(s):  
Cultural Heritage ◽  
Common Law ◽  
Petroleum Industry ◽  
Native Title ◽  
Recent Developments ◽  
The Common ◽  
Unexpected Findings

The mosaic of the common law relating to Native Title, which underpins the Native Title and other Acts, continues to be filled in by the courts increasing certainty for all parties. Last year saw the High Court’s Ward decision—the most significant decision for the petroleum industry since Mabo in 1992. Since then there have been three more important decisions, which while not making new law, have shown how the principles enunciated in Ward and Yorta Yorta are being applied. Some of the cases examined include the Daniel and De Rose Hill decisions, which have application to petroleum tenements.This paper will outline the recent developments, and demonstrate how the decisions have reduced uncertainty, thereby narrowing the areas about which negotiation must occur. The hurdle for proving the existence of Native Title remains high.It has not all been in favour of industry, however. Increasingly, Native Title cases, such as Daniels have resulted in unexpected findings that some conventional titles had been invalidly granted. Titles which seemingly ought to have extinguished Native Title have turned out to be invalid, and in many cases irretrievably so. The paper looks at the implications of this for industry as well.

LEGAL HIGHLIGHTS OF 1999

2000 ◽  
Vol 40 (2) ◽  
pp. 96
Author(s):  
D.M. Young ◽  
A.M. Kennedy
Keyword(s):  
Cultural Heritage ◽  
Competition Policy ◽  
Petroleum Industry ◽  
Gas Storage ◽  
Underground Gas Storage ◽  
Native Title ◽  
National Review ◽  
Alternative State ◽  
Key Issues ◽  
Year 2000

In 1999 there were a number of significant legislative and judicial developments which affected the petroleum industry. Among these, the more significant included:the commencement of a national review of Australia’s off-shore petroleum legislation1 against competition policy principles;the disallowance by the Federal Senate of the Northern Territory’s alternative right to negotiate (RTN) regime;further shifts towards underground gas storage for commercial purposes;the release of draft legislation to replace the Cultural Record (Landscapes Queensland and Queensland Estate) Act; andthe High Court’s2 decision in Yanner v Eaton.Legislative reform continues to be one of the key issues facing the Australian petroleum industry. Recent events concerning the Northern Territory’s and Queensland’s alternative RTN regimes suggest that replacement of the Commonwealth’s RTN regime with alternative State-based regimes is increasingly unlikely, at least while the Senate remains so constituted. Apart from the uncertainties associated with native title, the industry must also contend with ongoing reform of both cultural heritage and petroleum legislation.The challenges for the petroleum industry in the year 2000 will therefore be to persevere whilst continuing to participate in and contribute to the various review processes.

THE NATIVE TITLES ACT 1993—THE PETROLEUM INDUSTRY AND THE FUTURE

1994 ◽  
Vol 34 (2) ◽  
pp. 174
Author(s):  
Frank M. Hooke
Keyword(s):  
Oil And Gas ◽  
Petroleum Industry ◽  
Land Law ◽  
High Court ◽  
Native Title ◽  
Oil And Gas Exploration ◽  
Exploration And Production ◽  
High Court Of Australia ◽  
Relationship Of ◽  
The Relationship

The judgement of the High Court of Australia in 1992 in Mabo v. Queensland has had a major impact on land law in Australia.The Native Titles Act, 1993, is the first of what will be many steps in a long, complex legislative program to integrate 'native title', into Australia's land law.Those drafting the Native Title Act seemed to have concentrated on dealing with 'native title' issues in isolation and to have ignored or put to one side the need for it to mesh with other aspects of land law. This has created uncertainty for many users of land and will require review.Although the contrary was intended, the Act creates, in practical terms, significant uncertainty for renewal of existing oil and gas exploration and production titles. It also has implications for applicants for new titles and in due course for farmouts and assignments.Eventually additional legislation will be required to clarify the relationship of native title with the other areas of land law.

ON THE NEED TO COLLECT, PRESERVE AND STUDY DISAPPEARED NAMES OF SETTLEMENTS

2020 ◽  
pp. 187-192
Author(s):  
S.A. Popov
Keyword(s):  
Cultural Heritage ◽  
Russian Federation ◽  
Historical Memory ◽  
Comprehensive Analysis ◽  
Local History ◽  
The Past ◽  
Cultural Systems ◽  
The Russian Federation ◽  
Time Periods ◽  
The Disappeared

The article deals with the problem of collecting, preserving and researching the disappeared names of localities in the subjects of the Russian Federation, which for centuries have become an integral part of the historical and cultural heritage of the peoples of our country. The author believes that only a comprehensive analysis of the past oikonyms in nominational, lexical-semantic, historical-cultural, historical-ethnographic, local history aspects will restore the linguistic and cultural systems of different time periods in different microareals of the Russian Federation. The author comes to the conclusion that in order to preserve the historical memory of the disappeared names of geographical objects, local researchers need the support of regional state authorities and local self-government.

scholarly journals Does the Law Determine What Heritage to Remember?

2021 ◽  
Author(s):  
Marie-Sophie de Clippele
Keyword(s):  
Cultural Identity ◽  
Cultural Heritage ◽  
State Intervention ◽  
Historical Knowledge ◽  
Human Right ◽  
Political Will ◽  
The Public ◽  
The Past ◽  
The Law ◽  
Ideological Manipulation

AbstractCultural heritage can offer tangible and intangible traces of the past. A past that shapes cultural identity, but also a past from which one sometimes wishes to detach oneself and which nevertheless needs to be remembered, even commemorated. These themes of memory, history and oblivion are examined by the philosopher Paul Ricoeur in his work La mémoire, l’histoire, l’oubli (2000). Inspired by these ideas, this paper analyses how they are closely linked to cultural heritage. Heritage serves as a support for memory, even if it can be mishandled, which in turn can affect heritage policies. Memory and heritage can be abused as a result of wounds from the past or for reasons of ideological manipulation or because of a political will to force people to remember. Furthermore, heritage, as a vehicule of memory, contributes to historical knowledge, but can remain marked by a certain form of subjectivism during the heritage and conservation operation, for which heritage professionals (representatives of the public authority or other experts) are responsible. Yet, the responsibility for conserving cultural heritage also implies the need to avoid any loss of heritage, and to fight against oblivion. Nonetheless, this struggle cannot become totalitarian, nor can it deprive the community of a sometimes salutary oblivion to its own identity construction. These theoretical and philosophical concepts shall be examined in the light of legal discourse, and in particular in Belgian legislation regarding cultural heritage. It is clear that the shift from monument to heritage broadens the legal scope and consequently raises the question of who gets to decide what is considered heritage according to the law, and whether there is something such as a collective human right to cultural heritage. Nonetheless, this broadening of the legislation extends the State intervention into cultural heritage, which in turn entails certain risks, as will be analysed with Belgium’s colonial heritage.

scholarly journals The Study of Three-Dimensional Fingerprint Recognition in Cultural Heritage

2021 ◽  
Vol 14 (4) ◽  
pp. 1-20
Author(s):  
Dzemila Sero ◽  
Isabelle Garachon ◽  
Erma Hermens ◽  
Robert Van Liere ◽  
Kees Joost Batenburg
Keyword(s):  
Image Processing ◽  
Cultural Heritage ◽  
Three Dimensional ◽  
Fingerprint Recognition ◽  
Person Identification ◽  
Imaging Technologies ◽  
The Past ◽  
Reconstruction Methods ◽  
Cultural Systems ◽  
Digital Fingerprint

Fingerprints play a central role in any field where person identification is required. In forensics and biometrics, three-dimensional fingerprint-based imaging technologies, and corresponding recognition methods, have been vastly investigated. In cultural heritage, preliminary studies provide evidence that the three-dimensional impressions left on objects from the past (ancient fingerprints) are of paramount relevance to understand the socio-cultural systems of former societies, to possibly identify a single producer of multiple potteries, and to authenticate the artist of a sculpture. These findings suggest that the study of ancient fingerprints can be further investigated and open new avenues of research. However, the potential for capturing and analyzing ancient fingerprints is still largely unexplored in the context of cultural heritage research. In fact, most of the existing studies have focused on plane fingerprint representations and commercial software for image processing. Our aim is to outline the opportunities and challenges of digital fingerprint recognition in answering a range of questions in cultural heritage research. Therefore, we summarize the fingerprint-based imaging technologies, reconstruction methods, and analyses used in biometrics that could be beneficial to the study of ancient fingerprints in cultural heritage. In addition, we analyze the works conducted on ancient fingerprints from potteries and ceramic/fired clay sculptures. We conclude with a discussion on the open challenges and future works that could initiate novel strategies for ancient fingerprint acquisition, digitization, and processing within the cultural heritage community.

Developments in Enhanced Heat Transfer Technology From a Petroleum Industry Perspective in 2012

2012 ◽  
Author(s):  
Matthew P. Rudy ◽  
Thomas M. Rudy ◽  
Himanshu M. Joshi ◽  
Amar S. Wanni
Keyword(s):  
Heat Transfer ◽  
Heat Exchangers ◽  
Petroleum Industry ◽  
Current Paper ◽  
Enhanced Heat Transfer ◽  
The Past

Within the past 30 years, many Enhanced Heat Transfer (EHT) technologies have become available in a number of forms for application in heat exchangers. These technologies are used in various industries to widely different extents. In 1999, H. Joshi, T. Rudy, and A. Wanni, former Ph.D. students of Dr. Ralph L. Webb and specialists in the application of EHTs in the Petroleum Industry prepared a paper for the Journal of Enhanced Heat Transfer that reviewed the extent of use of EHT Technologies in the Petroleum Industry [1]. The current paper reviews how the application of EHT in the Petroleum Industry has changed in the last 14 years.

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