in 1992. This case recognized and affirmed the juridical nature and basis of native/indigenous customary rights and interests in land. Soon after that case, the Australian Legislature enacted the Native Title Act 1993 (C & L) (see in particular section 223).
in 1992. The discussions around the possibility of a treaty in the 1970s and 1980s have recently been reinvigorated. Nevertheless, the Australian State still rejects the idea of a treaty (or treaties) with the Australian Indigenous people(s) as it considers it divisive and a threat to the Australian public law system (Castejon 152, 195; Xxxx and Xxxxxx; Xxxxx and Xxxxxxxx 3; Xxxxxxx et al.; Xxxxxx, Dynamics 212-247; Xxxxxxx-Xxxxxxxx). Instead, it favours recognition initiatives focusing on “priority of occupation and national community”, key terms that have “understated, even submerged, what might be seen as the more political side of indigenous-nonindigenous contention; that is position/s that emphasize indigenous political engagement and capacitation” (Xxxxxx, Dynamics 224). In that context, officially, the Noongar settlement is not a treaty. It has been negotiated as part of the native title legislation. Nonetheless, Xxxxx and Xxxxxxxx consider that the Noongar settlement goes far beyond the settlement of a native title claim (34-37). They conclude that, as it respects their standard by which agreements can be assessed as treaties, it is Australia’s first treaty between Indigenous peoples and the State.8 Indeed, according to the three criteria proposed by Xxxxx and Xxxxxxxx, the Noongar settlement can be considered as a treaty. First, the Noongars have been recognised as the “traditional owners” of the South West through an Act of Parliament, namely the Noongar (Koorah, Nitja, Boordahwan) (Past, Present, Future) Recognition Xxxx 2016. It is the first Western Australian law to include an Indigenous language. In schedule 1, the first part of the text—in Noongar with a translation in English—was written by a group of Noongar Elders from all over the South West and the second part by Xxx Xxxxx, a Noongar writer. They describe the Noongars’ relationships with their boodja, (their “country”, their land) and affirm the continuity of their culture and their survival. The Noongars have been recognised as a distinct political entity since, as will be seen, they have presented themselves as a nation and they have elaborated their own system of governance. Secondly, after years of litigation before the Courts, the Noongars and the State of Western Australia have eventually agreed to resolve the Noongars’ claims by way of fair and respectful negotiations. Finally, the Noongars have surrendered their symbolic native title rights and interests in exchange for a package of conc...
in 1992. The update will be more comprehensive and will assess growth and wastewater collection and treatment needs throughout the metropolitan area. The Facility Plan Update has been included in the 2001 Capital Improvements Program. Phase I will take place this year and will determine what communities will be involved in the planning and how future phases will be funded. Phase I will also determine the necessity of a 28E agreement and the terms of the agreement as a means of implementing future phases of planning. Phase I of the Facility Plan Update is designed as a preliminary review and evaluation. An analysis of the current WRA service area and a review and evaluation of potential additional participants in the WRA system will be completed in Phase I. The results of Phase I will lead to a determination of the scope of work for Phase II of the WRA Facility Plan. There are three primary objectives for Phase: I: 1) Identify the issues and scope of work to be included in the more detailed Phase II; 2) Review and evaluate the participants which will be included in the Phase II and specifically evaluate the cost-effectiveness and advisability of additional municipal and other private sector participants for involvement in Phase II; 3) Determine the cost estimate for Phase II and determine the cost allocation methodology for financing Phase II. In conjunction with determining the cost estimate, Phase I of the plan will develop alternatives of the interim financing of the Phase II study. It is understood the Phase I of the WRA Facility Plan is intended as a preliminary or schematic evaluation. The level of study and analysis is intended to allow the work to be completed in a time frame of approximately seven months.
in 1992. This update will be more comprehensive and will assess growth and wastewater collection and treatment needs throughout the metropolitan area.
