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Sharing the Costs and Benefits of Energy and Resource ActivityLegal Change and Impact on Communities$
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Lila Barrera-Hernández, Barry Barton, Lee Godden, Alastair Lucas, and Anita Rønne

Print publication date: 2016

Print ISBN-13: 9780198767954

Published to Oxford Scholarship Online: June 2016

DOI: 10.1093/acprof:oso/9780198767954.001.0001

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Agreements with Indigenous Communities

Agreements with Indigenous Communities

The Native Title Act in Australia

Chapter:
(p.135) 8 Agreements with Indigenous Communities
Source:
Sharing the Costs and Benefits of Energy and Resource Activity
Author(s):

Lee Carol Godden

Lily O’Neill

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198767954.003.0008

This chapter provides an initial overview of international law principles and explores the power dimensions implicit to the two liquefied natural gas (LNG) project agreements with Aboriginal communities, premised, in part, upon the particular function identified for the Native Title Act 1993. Across the world, Indigenous Peoples are asserting their rights to be involved in decisions about energy and resource projects that impact upon their traditional lands and waters. Agreement-making has emerged as a significant mechanism for negotiating the impacts of energy and resource projects, and for securing benefit flows to indigenous communities. The extent to which Aboriginal communities are successfully integrated into decision-making about the sharing of impacts and benefits reflects the rights recognized within the governing frameworks, as well as extra-legal factors, such as the political power and social cohesion of indigenous communities.

Keywords:   liquefied natural gas project, Aboriginal communities, indigenous communities, Native Title Act 1993, Agreement-making, energy projects, resource projects

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