In this episode I sit down with Prof. John Sheehan AM to reflect on and explore lessons from the Timber Creek case.
Our far-reaching discussion includes recognition (and extinguishment) of inalienable customary land rights, which are precarious, Native Title, s.51 xxxi of the Constitution of Australia ('just terms' compensation), and the relationship to the UN Declaration on the Rights of Indigenous People's. The Timber Creek case provides helpful guidance about compensation (for extinguishment) that recognises the 'cultural loss' relating to the indigenous connection to the land (rather than 'solatium').
Full High Court of Australia background to the Timber Creek case can be accessed here.
The Judgement of the High Court in the Timber Creek case is here.
John also refers to his co-authored paper with Jasper Brown and Kenneth Rayner 'On solatium: towards a rethinking of compensation'.
For those who prefer to watch a video version, it is provided here.
©️ Spike Boydell 2023
Host: Spike Boydell
Royalty free music used in this episode is from my Artlist.io subscription.
DISCLAIMER: The views, insights and opinions shared on the Customary Land Podcast are those of the Host, any Guests, and others they may cite. They do not constitute legal or financial advice and should not be construed as such by any individual, group or organisation. Before undertaking any dealing or action relating to customary land, individuals, groups or organisations should obtain professional advice from a qualified lawyer, experienced valuer and/or certified accountant with specialist expertise in your particular country. Alternatively, you can contact Customary Land Solutions for advocacy, advisory and capacity building solutions for customary and indigenous landowning groups and trusts on land management, leasehold, valuation and resource compensation issues (E: firstname.lastname@example.org).