|Title||Indigenous Rights in Water in Northern Australia - NAILSMA/TRaCK Project 6.2|
|Year of Publication||2011|
|Institution||Charles Darwin University|
|Keywords||Blue Mud Bay, cultural flow, Indigenous, Indigenous heritage, Indigenous rights, inland waters, land rights, National Water Initiative, native title, Northern Australia, Northern Territory, Queensland, Strategic Indigenous Reserve, subterranean water, surface water, traditional usage of waters, water management legislation, water plans, Western Australia|
This project covers the range of laws applicable in northern Australia that recognize and affect Indigenous rights and interests in relation to onshore or inland waters both surface and subterranean. This includes both Federal law and the law of the provincial jurisdictions of Western Australia, the Northern Territory and Queensland.
The key issues discussed and analysed include:
Australian law currently recognizes in certain circumstances Indigenous rights to take and use water for non-commercial purposes. There is an emerging native title jurisprudence concerning a right to trade, which potentially could include water in the future. Native title law and land rights legislation recognises an Indigenous right to control access to water but not the ownership of water.
Indigenous Rights in Water in Northern Australia - NAILSMA/TRaCK Project 6.2