Indigenous land and water policy

This chapter discusses the efforts of Indigenous People to realise self-government through land and water policymaking in Australia. In particular, the chapter focuses on the period after the 1992 Mabo decision of the High Court of Australia, which recognised the pre-colonial ‘native title’ rights of Indigenous People in our traditional lands and waters. Although native title and other statutory legislation have been a means for reclaiming Indigenous lands, Indigenous People are not always able to protect their land, waters and cultural heritage from exploitation or destruction. Despite this reality, recognition of native title creates a nexus between law, public policy and Indigenous self-governance for Indigenous People in Australia. While hard-won rights that strengthen Indigenous People’s participation in land and water planning have been important, the domain of planning and policy is a key site of political encounter and contestation for Indigenous People in settler-colonial states, such as Australia. By rebuilding Indigenous institutions, to exercise political and management authority over traditional lands and waters, Indigenous People are engaged in governance-driven democratisation. That is to say, policymaking has emerged as an important domain for the exercise of Indigenous self-governance.