Recognition, rights and resources: negotiating mining agreements on Indigenous lands in Canada and Australia

Stephenson, Margaret Anne (2013). Recognition, rights and resources: negotiating mining agreements on Indigenous lands in Canada and Australia. In: 23rd World Mining Congress 2013 Proceedings. 23rd World Mining Congress, Montreal, Canada, (1-14). 11-15 August 2013.

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Name Description MIMEType Size Downloads
Author Stephenson, Margaret Anne
Title of paper Recognition, rights and resources: negotiating mining agreements on Indigenous lands in Canada and Australia
Conference name 23rd World Mining Congress
Conference location Montreal, Canada
Conference dates 11-15 August 2013
Proceedings title 23rd World Mining Congress 2013 Proceedings
Place of Publication Montreal, Canada
Publisher Canadian Institute of Mining, Metallurgy and Petroleum
Publication Year 2013
Sub-type Fully published paper
Open Access Status
ISBN 9781926872155
Start page 1
End page 14
Total pages 14
Collection year 2014
Language eng
Abstract/Summary While the concepts of Aboriginal title share a similar jurisprudence in both Australia and Canada resource development regimes on Aboriginal title lands differ significantly. In Australia, the process is the right to negotiate with mining proponents. In Canada, the process is the duty to consult with government regarding mining projects. This paper compares and assesses the processes for ‘consultation and negotiation’ with Indigenous peoples when development actions (particularly in the context of mining resource development)impact Indigenous property rights and how agreement making can be progressed. This paper will question whether the resource development processes afford Indigenous people’s property rights full respect when mining developments on Indigenous lands are proposed.
Keyword Indigenous lands
Negotiation and consultation
Mining agreements
Q-Index Code E1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Conference Paper
Collections: Official 2014 Collection
TC Beirne School of Law Publications
 
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