Customary Land Tenure and Registration in Australia and Papua New Guinea
Anthropological Perspectives
Table of Contents
- Foreword
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- References
- Abbreviations
- Contributors
- Chapter 1. Anthropological Perspectives
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- References
- Chapter 2. A Legal Regime for Issuing Group Titles to Customary Land: Lessons from the East Sepik
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- East Sepik Land Legislation of 1987
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- East Sepik Land Act 1987
- East Sepik Customary Land Registration Act 1987
- Results of the East Sepik Land Legislation
- National Legislation for Land Group Incorporation
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- Land Groups Incorporation Act 1974
- Results of the National Legislation for Land Group Incorporation
- Issues Raised by the Legal Recognition of Customary Groups and Their Land Titles
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- Problems in Implementing the Legislation
- Problems with the Legislation Itself
- A Response
- Conclusion
- References
- Chapter 3. Land, Customary and Non-Customary, in East New Britain
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- Free from Custom? Land at Sikut
- Does Custom Hold Back Development, or Is It ‘Fading’?
- Buying and Selling Land at Matupit: Can Customary Land Be Alienated?
- Registration of Landownership and Transfer
- References
- Chapter 4. Clan-Finding, Clan-Making and the Politics of Identity in a Papua New Guinea Mining
Project
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- Development, The Melanesian Way, and The Eight Aims
- Mining, Tradition, and Legibility
- Legibility and Recognition in Nenataman
- Clanship as Legible Tradition
- Conclusion
- References
- Chapter 5. From Agency to Agents: Forging Landowner Identities in Porgera
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- Porgera’s ‘Seven-Clan System’
- Ipili Sociality
- Forging Landowners: the Porgera Land Study
- Discussion and Conclusion
- References
- Chapter 6. Incorporating Huli: Lessons from the Hides Licence Area
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- Retrospective on Incorporated Land Groups
- Approaches to ILG Formation
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- The Hides Experience
- The ‘Zone ILG’ Concept
- How the ‘Zone’ Concept Fared
- Conclusion: What Hides Reveals
- References
- Chapter 7. The Foi Incorporated Land Group
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- The ILG and the Petroleum Industry in PNG
- The Proliferation of ‘New’ ILGs
- The Local Clan Versus the ILG
- What is Customary Law?
- The Fragmentation of Foi Clans
- Some Comparative Observations and Conclusions
- References
- Chapter 8. Local Custom and the Art of Land Group Boundary Maintenance in Papua New Guinea
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- Land, Groups, and Boundaries as Elements of ‘Custom’
- Compensation and Incorporation in the Realm of Heavy Industry
- The Brave New World of Customary Land Law
- Land Group Incorporation in the Petroleum and Forestry Sectors, 1990–95
- Land Groups in the Oil and Gas Act, 1998
- The Beast’s Two Back Legs
- Conclusion: African Models in the Neo-Melanesian Mindscape
- References
- Chapter 9. Determinacy of Groups and the ‘Owned Commons’ in Papua New Guinea and Torres Strait
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- Approaches to Identification of Traditional Owners of Land
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- The Handling of Proximate Titles — Papua New Guinea
- The Handling of Proximate Titles — Australia
- Determinacy, Bounded Groups and ‘Owned Commons’
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- ‘Owned Commons’ Cases: Dauan and Iralim
- The Collectivisation of Land at Mer Island
- When Owned Commons is a Contrivance: The Case of Nauti
- Discussion
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- Determinacy of Groups
- Boundedness of Groups
- Were Internal Ownerships Differentiated and Boundaries Surveyed?
- Were There Other Primary Claimants from the Same Ethnic Group?
- Were There Secondary Claimants from Other Ethnic Groups?
- Conclusion
- References
- Chapter 10. Outstation Incorporation as Precursor to a Prescribed Body Corporate
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- Background
- The Outstation Movement
- Outstation Establishment
- A Place of One’s Own: The Politics of Land Tenure
- Local Organisation
- Prescribed Bodies Corporate
- Towards a Representative Structure
- Local Organisation in the Contemporary Context
- Conclusion
- References
- Chapter 11. The Measure of Dreams
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- The Land Claim Process
- The Mining Provisions
- Gold Mining Returns to the Tanami Desert
- The Measurement of Dreams
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- Mining and the Creation of Blocks
- The Site Clearance Process
- The Work Area Clearance
- The Mining Model of Place
- Conclusion
- References
- Chapter 12. Laws and Strategies: The Contest to Protect Aboriginal Interests at Coronation Hill
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- The Land Council and the Sites Authority
- The Regional Context
- Liaison and Consultation
- The Role of the Northern Land Council
- The Contest over Aboriginal Interests
- The Contest over Policy
- The Jawoyn and the Custodians
- Conclusion
- References
- Chapter 13. A Regional Approach to Managing Aboriginal Land Title on Cape York
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- Cape York Peninsula
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- Forms of Aboriginal Land Tenure on Cape York
- Native Title — Prescribed Bodies Corporate
- Active and Passive PBC Structures
- Structural Options for PBCs in Relation to Land Trusts and Other Indigenous Landholding
Entities
- The Wik Subregion
- The Coen Subregion
- Operational Models for Land Use and Management in the Case Study Subregions
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- The Wik Subregion Model
- The Coen Subregion Model
- Managing Aboriginal Title Holding Entities at the Subregional Level
- Conclusions
- References
- Index