THE 'RIGHT TO NEGOTIATE' UNDER THE NATIVE TITLE ACT 1993

1996 ◽  
Vol 36 (1) ◽  
pp. 607
Author(s):  
C.R. Davie
Keyword(s):  
Natural Resources ◽  
Federal Government ◽  
Petroleum Exploration ◽  
Native Title ◽  
Exploration And Production ◽  
The Right

One of the most controversial and complex aspects of the Commonwealth Native Title Act 1993 is the so-called 'right to negotiate' which is conferred on both registered native title holders and on native title claimants where a Government seeks to take action which would adversely affect any native title held or claimed. Whilst the concept behind the 'right to negotiate' is essentially a simple one, the attempt of the drafters to reconcile many competing land interests has led to an especially complex regime with particular pitfalls for those associated in the petroleum and natural resources industries. This paper is written with a view to explaining the effect of the 'right to negotiate' provisions for petroleum exploration and production companies. In this writer's view, there are aspects of the current legislation which strike the wrong balance between Aboriginal and development interests. The new Federal Government has foreshadowed that it will introduce amendments to the Act, and by the time this paper is presented at the Darwin Conference there could be substantial changes in the offing.

NATIVE TITLE ISSUES AFFECTING PETROLEUM EXPLORATION AND PRODUCTION

1999 ◽  
Vol 39 (2) ◽  
pp. 107
Author(s):  
M.W. Hunt
Keyword(s):  
Oil And Gas ◽  
Federal Court ◽  
Petroleum Exploration ◽  
Native Title ◽  
Area Of Interest ◽  
Exploration And Production ◽  
Petroleum Companies ◽  
Offshore Oil And Gas ◽  
The Right ◽  
Offshore Oil

This paper focusses on onshore exploration and production because the right to negotiate does not apply offshore. However, the Native Title Act can be relevant to offshore oil and gas explorers and producers. First, where their area of interest includes an island within the jurisdiction of Western Australia. Secondly, in respect of land required for the facilities to treat petroleum piped ashore.Under the original Native Title Act the right to negotiate proved unworkable, the expedited procedure failed to facilitate the grant of exploration titles and titles granted after 1 January 1994 were probably invalid.The paper examines the innovations introduced by the amended Native Title Act to consider whether it will be more 'workable' for petroleum explorers and producers. It examines some of categories of future acts in respect of which the right to negotiate does not apply (specifically indigenous land use agreements, renewals and extensions of titles, procedures for infrastructure titles, reserve land, water resources, low impact future acts, approved exploration etc acts and the expedited procedure).Other innovations include the new registration test for native title claims, the validation of pre-Wik titles, the amended right to negotiate procedure, the State implementation of the right of negotiate procedure and the objection and adjudication procedure for grants on pastoral land.The response of each state and territory parliament to the amended Act is considered, as is the Federal Court decision in the Miriuwung Gajerrong land claim (particularly the finding that native title includes resources, questioning whether these resources extend to petroleum).The paper observes that the full impact of the new Act cannot be determined until the states and territories have passed complementary legislation and it is all in operation. However, the paper's preliminary conclusion is that it does not provide a workable framework for the interaction between petroleum companies and native title claimants.The writer's view is that the right to negotiate procedure is unworkable if relied upon to obtain the grant of a title. If a proponent wishes to develop a project in any commercially acceptable timeframe, it will have to negotiate an agreement with native title claimants. The paper's conclusion is that a negotiated agreement is the only way to cope with native title issues.

NATIVE TITLE AND ABORIGINAL HERITAGE ISSUES AFFECTING OIL AND GAS EXPLORATION AND PRODUCTION

2001 ◽  
Vol 41 (2) ◽  
pp. 115
Author(s):  
M.W. Hunt
Keyword(s):  
Oil And Gas ◽  
Federal Court ◽  
Petroleum Exploration ◽  
Common Source ◽  
Native Title ◽  
Oil And Gas Exploration ◽  
Area Of Interest ◽  
Exploration And Production ◽  
The Government ◽  
The Right

This paper is principally concerned with native title issues as they affect oil and gas exploration and production. However, it also reviews Aboriginal heritage laws and practices because they have the potential to be just as disruptive to an expeditious exploration program or to the construction of a production facility as do native title claims.The paper focusses on onshore petroleum exploration and production because the right to negotiate under the Native Title Act (NTA) does not apply offshore. However, the paper does consider offshore because the NTA can still affect offshore petroleum explorers and producers; either because their area of interest could include an island within a State or Territory jurisdiction or because the facilities to treat the offshore oil and gas could be located onshore.The paper examines the key provisions of the NTA which are relevant to petroleum explorers and producers, principally the subject of tenure to ground. It considers the validity of already granted titles. It then examines the process of application for new titles.Although the NTA is the common source of problems throughout Australia, it is necessary for the paper to consider the situation in each State and Territory, since the titles are different and the government processes of dealing with native title issues differs in each jurisdiction.Although the focus of the paper is on how to cope with the right to negotiate, the paper considers some of the categories of future acts in respect of which the right to negotiate does not apply (specifically, procedures for infrastructure titles, renewals and extensions of titles, the expedited procedure, indigenous land use agreements, reserve land and approved exploration etc acts).The paper mentions the Federal Court decisions in the Miriuwung Gajerrong and Croker Island native title claims and ponders the options for the High Court in deciding the recent appeals.The paper’s conclusion is that a negotiated agreement is the only way to cope with native title issues. The contents of such an agreement are considered.

scholarly journals ARBITRATION AND PUBLIC POLICY IN BRAZIL: A STUDY BASED ON ‘LULA CASE’

2018 ◽  
Vol 4 (5-6) ◽  
pp. 223-264
Author(s):  
Carolina Barreira Lins
Keyword(s):  
Public Policy ◽  
Natural Resources ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
The State ◽  
Gas Industry ◽  
National Courts ◽  
Arbitration Clause ◽  
Exploration And Production ◽  
The Right

This work examines the subject of jurisdiction and arbitrability of issues related to energy and natural resources in the world, in order to enhance the arbitration institute in Brazil. The study is based on a recent case pending in Brazilian courts, named “Lula case”, which refer to a dispute between the State and concessionaires that grant the right to explore and produce oil and gas in a determined area. The presence of arbitration clauses in the concession contracts for exploration and production of oil and gas in Brazil raises questions related to the disposability of the rights concerned. It is paramount to set benchmarks on arbitral tribunals’ power to decide on these matters and to define to what extent arbitral awards may defy public policy, national sovereignty over natural resources and national courts’ jurisdiction to render decisions in this regard. Otherwise, the randomness of judicial decisions makes the arbitration clause ineffective. Moreover, the Lula case arises substantive issues related to the necessity to protect investors in the oil and gas industry, since acts arguably connect to the State policy power may cause damages to the private parties. The work critically examines the decision given by national courts so far and proposes an international approach to face situations involving the State and the necessity to protect investors in the oil and gas industry.

scholarly journals ARBITRATION AND PUBLIC POLICY IN BRAZIL: A STUDY BASED ON ‘LULA CASE’

2018 ◽  
Vol 4 (5-6) ◽  
pp. 223-264
Author(s):  
Carolina Barreira Lins
Keyword(s):  
Public Policy ◽  
Natural Resources ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
The State ◽  
Gas Industry ◽  
National Courts ◽  
Arbitration Clause ◽  
Exploration And Production ◽  
The Right

This work examines the subject of jurisdiction and arbitrability of issues related to energy and natural resources in the world, in order to enhance the arbitration institute in Brazil. The study is based on a recent case pending in Brazilian courts, named “Lula case”, which refer to a dispute between the State and concessionaires that grant the right to explore and produce oil and gas in a determined area. The presence of arbitration clauses in the concession contracts for exploration and production of oil and gas in Brazil raises questions related to the disposability of the rights concerned. It is paramount to set benchmarks on arbitral tribunals’ power to decide on these matters and to define to what extent arbitral awards may defy public policy, national sovereignty over natural resources and national courts’ jurisdiction to render decisions in this regard. Otherwise, the randomness of judicial decisions makes the arbitration clause ineffective. Moreover, the Lula case arises substantive issues related to the necessity to protect investors in the oil and gas industry, since acts arguably connect to the State policy power may cause damages to the private parties. The work critically examines the decision given by national courts so far and proposes an international approach to face situations involving the State and the necessity to protect investors in the oil and gas industry.

THE IMPACT OF RECENT NATIVE TITLE DEVELOPMENTS UPON PETROLEUM EXPLORATION AND PRODUCTION

1998 ◽  
Vol 38 (2) ◽  
pp. 179
Author(s):  
Professor Douglas Williamson
Keyword(s):  
Western Australia ◽  
Petroleum Exploration ◽  
Native Title ◽  
Exploration And Production ◽  
The Impact ◽  
Exploration And Development

Native Title Act 1993 (Cth)—acknowledged defects-proposed amending legislation—right to negotiate process—offshore and onshore exploration and development distinguished—obligations other than under NTA not to interfere unduly with offshore native title rights—onshore right to negotiate process—criteria—availability of expedited procedure to enable proposed activity to proceed—recent decisions limiting practical availability of expedited procedure—Cox and Western Australia and Stirling Resources NL and others (NNTT, 27 October 1997)—proposed amendments to right to negotiate process—importance of amendments to petroleum explorers and developers.

scholarly journals ARBITRATION AND PUBLIC POLICY IN BRAZIL: A STUDY BASED ON ‘LULA CASE’

2017 ◽  
Vol 4 (5-6) ◽  
pp. 223-264
Author(s):  
Carolina Barreira Lins
Keyword(s):  
Public Policy ◽  
Natural Resources ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
The State ◽  
Gas Industry ◽  
National Courts ◽  
Arbitration Clause ◽  
Exploration And Production ◽  
The Right

This work examines the subject of jurisdiction and arbitrability of issues related to energy and natural resources in the world, in order to enhance the arbitration institute in Brazil. The study is based on a recent case pending in Brazilian courts, named “Lula case”, which refer to a dispute between the State and concessionaires that grant the right to explore and produce oil and gas in a determined area. The presence of arbitration clauses in the concession contracts for exploration and production of oil and gas in Brazil raises questions related to the disposability of the rights concerned. It is paramount to set benchmarks on arbitral tribunals’ power to decide on these matters and to define to what extent arbitral awards may defy public policy, national sovereignty over natural resources and national courts’ jurisdiction to render decisions in this regard. Otherwise, the randomness of judicial decisions makes the arbitration clause ineffective. Moreover, the Lula case arises substantive issues related to the necessity to protect investors in the oil and gas industry, since acts arguably connect to the State policy power may cause damages to the private parties. The work critically examines the decision given by national courts so far and proposes an international approach to face situations involving the State and the necessity to protect investors in the oil and gas industry.

scholarly journals INDIGENOUS PEOPLES’ RIGHTS OVER NATURAL RESOURCES: AN ANALYSIS OF HOST COMMUNITIES RIGHTS IN NIGERIA

2021 ◽  
Vol 3 (2) ◽  
pp. 121-136
Author(s):  
Amah Emmanuel Ibiam ◽  
Hemen Philip Faga
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Federal Government ◽  
Indigenous Peoples ◽  
Local Community ◽  
Policy Reforms ◽  
Oil Companies ◽  
Natural Oil ◽  
The Many ◽  
The Right

The many States are engulfed in crises over natural resources in the form of claims and counterclaims over who should exercise legal authority over the resources located within the state territory. In Nigeria, the agitation over control of natural resources has led to militancy and rebellion against the federal government and multinational oil companies. The debate on who should control and manage natural oil resources in Nigeria exists at the local community level, the federating states level, and the federal government level. This paper x-rayed the varying contentions of these agitations from an international law perspective. It adopted the doctrinal method to explore international human rights instruments and other legal and non-legal sources to realize the result and arrive at persuasive conclusions. The paper concluded that although international law guarantees states’ exercise of sovereign rights over their natural resources, it safeguards the right of indigenous peoples and communities to manage the natural resources found within their ancestral lands to deepen their economic and social development. It also concluded that the Niger Delta indigenous peoples and oil-producing communities are entitled to exercise some measure of control and management of the processes of exploitation of the natural resources found within their lands. The paper calls on the Nigerian government to fast-track legal and policy reforms to resource rights to indigenous host communities of natural resources in Nigeria.

scholarly journals ARBITRATION AND PUBLIC POLICY IN BRAZIL: A STUDY BASED ON ‘LULA CASE’

2018 ◽  
Vol 4 (5-6) ◽  
pp. 223-264
Author(s):  
Carolina Barreira Lins
Keyword(s):  
Public Policy ◽  
Natural Resources ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
The State ◽  
Gas Industry ◽  
National Courts ◽  
Arbitration Clause ◽  
Exploration And Production ◽  
The Right

This work examines the subject of jurisdiction and arbitrability of issues related to energy and natural resources in the world, in order to enhance the arbitration institute in Brazil. The study is based on a recent case pending in Brazilian courts, named “Lula case”, which refer to a dispute between the State and concessionaires that grant the right to explore and produce oil and gas in a determined area. The presence of arbitration clauses in the concession contracts for exploration and production of oil and gas in Brazil raises questions related to the disposability of the rights concerned. It is paramount to set benchmarks on arbitral tribunals’ power to decide on these matters and to define to what extent arbitral awards may defy public policy, national sovereignty over natural resources and national courts’ jurisdiction to render decisions in this regard. Otherwise, the randomness of judicial decisions makes the arbitration clause ineffective. Moreover, the Lula case arises substantive issues related to the necessity to protect investors in the oil and gas industry, since acts arguably connect to the State policy power may cause damages to the private parties. The work critically examines the decision given by national courts so far and proposes an international approach to face situations involving the State and the necessity to protect investors in the oil and gas industry.

Peran Pengawasan Internal Dalam Menghindari Kutukan Sumber Daya Alam

Liquidity ◽  
2016 ◽  
Vol 5 (1) ◽  
pp. 1-9
Author(s):  
Andilo Tohom
Keyword(s):  
Natural Resources ◽  
Internal Audit ◽  
Rent Seeking ◽  
Rich Country ◽  
Literature Study ◽  
Indonesian Government ◽  
The World ◽  
Policies And Programs ◽  
The Right

Indonesia is one of many countries in the world so called resource-rich country. Natural resources abundance needs to be managed in the right way in order to avoid dutch diseases and resources curses. These two phenomena generally happened in the country, which has abundant natural resources. Learned from Norwegian experiences, Indonesian Government need to focus its policy to prevent rent seeking activities. The literature study presented in this paper is aimed to provide important insight for government entities in focusing their policies and programs to avoid resources curse. From the internal audit perspective, this study is expected to improve internal audit’s role in assurance and consulting.

“The Greatest Nation on Earth”

2017 ◽  
Vol 86 (1) ◽  
pp. 50-83 ◽  
Author(s):  
Sarah K.M. Rodriguez
Keyword(s):  
United States ◽  
Natural Resources ◽  
Federal Government ◽  
Manifest Destiny ◽  
The United States ◽  
Northern Mexico ◽  
Texas Revolution

Between 1820 and 1827 approximately 1,800 U.S. citizens immigrated to northern Mexico as part of that country’s empresario program, in which the federal government granted foreigners land if they promised to develop and secure the region. Historians have long argued that these settlers, traditionally seen as the vanguard of Manifest Destiny, were attracted to Mexico for its cheap land and rich natural resources. Such interpretations have lent a tone of inevitability to events like the Texas Revolution. This article argues that the early members of these groups were attracted to Mexico for chiefly political reasons. At a time when the United States appeared to be turning away from its commitment to a weak federal government, Mexico was establishing itself on a constitution that insured local sovereignty and autonomy. Thus, the Texas Revolution was far from the result of two irreconcilable peoples and cultures. Moreover, the role that these settlers played in the United States’ acquisition of not just Texas, but ultimately half of Mexico’s national territory, was more paradoxical than inevitable.

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