Tag Archives: Australia

Rethinking mining law on customary land

Fiji is currently reviewing the Mining Act 1965 and the Quarries Act 1939. In this episode of The Customary Land Podcast, I reflect on why that matters for customary landowners, and why compensation, royalties, and consultation are not enough unless legitimacy, stewardship, and long-horizon responsibility come first.

The episode explores the deeper structural mismatch between inherited extractive law and living customary systems, and asks what must be in place before development on customary land can be treated as legitimate at all. It also introduces SUITU and the importance of a governance integrity spine.

The YouTube vodcast version is available here:
https://youtu.be/z2t0FBvdst4

The podcast version is available here:
https://www.thecustomarylandpodcast.com/2122490/episodes/18921346-rethinking-mining-law-on-customary-land

Or simply search for The Customary Land Podcast in your preferred podcast player.

Imagine, if you will, what might change in terms of our identity as citizens if Australia were to become a Republic – something that many see as inevitable, albeit a situation which is yet to become a reality. I’m not talking here about the tokenism of a new flag or a contemporary national anthem, or even in the transfer of proxy leadership from a Governor General as representative of the English Crown to a President as representative of the Federation of States and Territories. Rather, my interest lies in what happens to the superior interest in land and the associated subsidiary property rights when (rather than if) Australia becomes a Republic, and what the ramifications are for notions of identity… if we replace the Crown and the Crown’s superior interest in the land with something, and if that something is an acknowledgement of the guardianship of the land through Aboriginal and Torres Straight Islander stewardship, would this, could this, or should this affect the underlying way that we as 21st century citizens relate to real property.

In his recently published chapter – A 21st Century Citizen in a brave new Republic – Spike Boydell explores how Aboriginal and Torres Strait Islander native title could be prioritised over freehold land if, or when, Australia becomes a Republic.