Negotiating resource Agreements: Lessons from ILUAs

Tony Foley*

*Corresponding author for this work

    Research output: Contribution to journalArticlepeer-review

    Abstract

    Indigenous Land Use Agreements based variously on the "Cape York Model" provide useful lessons as to the negotiation processes that can be effective in the resolution of natural resource conflicts. This article uses as a starting point an examination of the deficiencies of the negotiating processes used in the Regional Forest Agreement Process to arrive at a resource use plan for regional forest areas throughout Eastern and Western Australia. In spite of the major failings and disappointments associated with these processes, particularly in WA and the North East forests of NSW, the resolution of forest use conflict through negotiation remains preferable to any bureaucratically imposed solution. This article then examines the salient features of the model used in Agreements, including the importance placed on lengthy preparation to reach an agreed negotiating position among affected Aboriginal communities and the strict requirement for community controlled economic, social and environmental impact assessment.

    Original languageEnglish
    Pages (from-to)267-276
    Number of pages10
    JournalEnvironmental and Planning Law Journal
    Volume19
    Issue number4
    Publication statusPublished - 2002

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