Resource development and aboriginal land rights in Australia /

"Resource development and Aboriginal land rights are issues that have been prominent in law and policy in Australia for the last quarter century. The problem has been to achieve a resolution of the conflict that they have engendered. The dissatisfaction expressed by many groups does not suggest that such a resolution has yet emerged.

This is most apparent in the State from which came most of the essayists and presenters in this volume: Western Australia. Western Australia is the largest State by area in Australia. It is the producer of the greatest value of minerals. It is also one of the only two jurisdictions in Australia which has failed to effect any substantial Aboriginal land rights. Western Australia has a substantial population of Aboriginal people. They live in the town and cities, and in the country and desert areas. Many, if not all, profess a special spiritual relationship to the land.

On 3 June 1992 the High Court of Australia handed down its landmark decision on Mabo v State of Queensland. The decision judicially recognised native title at common law. It changed the legal context in which the issues of resource development and Aboriginal land rights had been addressed. At the same time the State of Western Australia was considering amendments to the legislation which protected Aboriginal sacred sites. It seemed an appropriate moment to arrange the preparation of a collection of essays which would address the issues of resource development and Aboriginal land rights in the new context.

The Centre for Commercial and Resources Law of The University of Western Australia and Murdoch University was able to assemble an extremely knowledgeable and experienced group to prepare the essays collected in this volume ... The essays, presentations and panel discussion all suggest the possibility of success if a process were to be established whereby Aboriginal people, government and the resource industry could meet to resolve the issue of Aboriginal land rights and resource development. It is clear that the decision in Mabo has made the establishment of such a process a priority." -- Provided by publisher