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The enactment of the Native Title Act 1993 (Cth) (hereinafter ‘the Act’)is the most significant change that has occurred in Australian property law in the past 27 years. A muchcelebrated milestone, the Act formally recognized traditional Indigenous legal systems and introduced legal pluralism into Australia’s legal system. However, in practice, the native title system remains beset with problems. One of the key issues is native title’s failure to protect Indigenous water rights. ‘Cultural Flows’ is a policy framework conceived of by Indigenous peoples to further advance Indigenous water rights and to include Indigenous voices in water planning and management. This paper proposes the creation of a joint Cultural Flows Commission to assist in implementing Cultural Flows. The paper explores how an intergovernmental agreement could be used to establish the Commission and how the Commission could play a vital role in reforming water law and policy to advance Indigenous selfdetermination in Australia. Most importantly, the Commission would address the many calls for ‘national focus’ when implementing Cultural Flows.
elliott_leonard_provis. 2021. \u201cEstablishing a Cultural Flows Commission: A Framework for Joint Action on Indigenous Water Rights\u201d. Global Journal of Research in Engineering - J: General Engineering GJRE-J Volume 21 (GJRE Volume 21 Issue J1): .
Crossref Journal DOI 10.17406/gjre
Print ISSN 0975-5861
e-ISSN 2249-4596
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Total Score: 101
Country: Unknown
Subject: Global Journal of Research in Engineering - J: General Engineering
Authors: Elliott Leonard Provis (PhD/Dr. count: 0)
View Count (all-time): 165
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Publish Date: 2021 01, Wed
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The enactment of the Native Title Act 1993 (Cth) (hereinafter ‘the Act’)is the most significant change that has occurred in Australian property law in the past 27 years. A muchcelebrated milestone, the Act formally recognized traditional Indigenous legal systems and introduced legal pluralism into Australia’s legal system. However, in practice, the native title system remains beset with problems. One of the key issues is native title’s failure to protect Indigenous water rights. ‘Cultural Flows’ is a policy framework conceived of by Indigenous peoples to further advance Indigenous water rights and to include Indigenous voices in water planning and management. This paper proposes the creation of a joint Cultural Flows Commission to assist in implementing Cultural Flows. The paper explores how an intergovernmental agreement could be used to establish the Commission and how the Commission could play a vital role in reforming water law and policy to advance Indigenous selfdetermination in Australia. Most importantly, the Commission would address the many calls for ‘national focus’ when implementing Cultural Flows.
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