Central Land Council

Special Purpose Permits

1. Introduction to the CLC protocols
2. Guidelines for evaluating permits

Special Purpose Permit Application Forms

Each document also includes extra information relating to that particular area

• General research protocol
• Conduct anthropological research
• Organised tourist activity - for organisers of tour groups
  ( individual tourists may apply for a standard transit or entry permit)
• Conduct archaeological work
• Environmental and conservation activities
• Linguistic work
• Photography, film, recording and media

Introduction to CLC protocols

These documents are designed primarily for people who are applying to enter Aboriginal land in the Central Land Council (the CLC) region, in order to carry out research or to undertake activities such as tourism. Under the Aboriginal Land Rights (Northern Territory) Act 1976, applicants require a permit from the CLC to enter land that has been declared Aboriginal land under the Act.
The CLC is located in the southern portion of the Northern Territory and covers an area of 775 963 sq km, of which, 381 792 sq km is Aboriginal Freehold claimed under the ALRA.(see map below).

It is also intended that these documents will provide a useful guide for people who wish to visit Aboriginal communities that are not on Aboriginal land. While a permit from the CLC is not required to enter these communities, other legal restrictions may apply. The same principles of allowing Aboriginal people control over activities and research in their communities, and of protecting their Aboriginal cultural and intellectual property rights must be respected.

The fundamental purpose of all these documents is to ensure that Aboriginal peoples' traditional rights under Aboriginal Law are recognised and protected.
Community councils or other organisations dealing with applications that are not on Aboriginal land may seek the assistance of the CLC when they receive an application for research of a development in their area. The Legal Unit of the CLC can be of assistance in this regard, and can be contacted on: (08) 89516238.

Protecting Aboriginal Cultural and Intellectual Property

The protocols and agreements in this package are designed as a guide to people wishing to work on Aboriginal land in the CLC region. They are also designed to protect the rights of Aboriginal people in their Aboriginal cultural and intellectual property.

The term 'Aboriginal cultural and intellectual property' is a general term which includes all aspects of Aboriginal peoples' cultural products and expressions, as well as their intangible cultural knowledge. Aboriginal cultural and intellectual property means the totality of cultural heritage of Aboriginal people, including, without limitation, their intangible heritage (such as songs, dances, stories, ecological and cultural knowledge), and cultural property, which includes Aboriginal human remains, artifacts, and any other tangible cultural objects.

It is important to understand that this Aboriginal cultural and intellectual property is not the same as intellectual property in the western legal sense, such as copyrights, patents, designs, trademarks, and plant breeder rights. Aboriginal cultural and intellectual property is generally a collective bundle of rights, interests and responsibilities, and is much broader than the western concept of intellectual property. For a useful guide to Indigenous cultural and intellectual property, see for example, Our Culture, Our Future: Protection of Australian Indigenous Cultural and Intellectual Property Rights, ATSIC and AIATSIS, Canberra, 1998.

The way these protocols work

These protocols and agreements are designed to be used as an important part of the existing permit system. The process by which these documents are used in the permit system is outlined here, and illustrated diagrammatically below. For information about applying for a permit see http://www.clc.org.au/permits/permits.asp.

Applicants are required to follow the application process outlined below. Applicants should start by reading the protocol which relates to the activity they wish to undertake in the CLC region.
The Applicant should submit the application for a permit together with a detailed proposal setting out the proposed activity and referring to the information requested in the protocols. When the CLC receives an application for a proposal, especially one that has implications for Aboriginal Cultural and Intellectual Property, or land related matters, it must consult with the Traditional Owners for the area in which the applicant wishes to work, and with other affected Aboriginal communities. The CLC can not approve the application without the prior informed consent of the Traditional Owners. However, applications that do not relate to Aboriginal Cultural and Intellectual Property or other land related issues, may not require consultation with Traditional Owners, and may be approved by CLC staff.

It is in the interests of the Applicant, as well as the Traditional Owners and the CLC, for the Applicant to supply as much information about the project as possible in the first instance, to avoid the need for further consultations and unnecessary delay.

If this prior informed consent is granted, the CLC will then draw up an Agreement which sets out clearly the terms of the project. When there is agreement between the CLC and the Applicant as to the terms of this Agreement it is signed by both parties and the CLC issues the Applicant a permit.
Timing

It is important that researchers recognise that this process takes time, and should submit their research proposal to the CLC allowing sufficient time for it to be considered. The time taken for the CLC to consider the proposal will depend on the level of consultations that need to be conducted. This in turn, will depend on the nature of the work and the size of the area that an application relates to. The larger the land mass that the permit covers, the more Traditional Owners will need to consulted and thus the longer the permit will take to process. Similarly, the more sensitive the permit application is, in terms of the areas of research covered, the longer consultations with Traditional Owners will take. This is particularly the case where permits relate to sensitive areas of Aboriginal Cultural and Intellectual Property.
Researchers also need to be aware that the capacity to conduct consultations with Traditional Owners will be dependent on the other field work commitments of CLC staff.

For research proposals that are reasonably straightforward and that do not involve extensive Traditional Owner consultations, permit applications may be facilitated in less than a month. For research proposals that involve extensive consultations with Traditional Owners over large areas of central Australia the CLC may take up to six months to respond to a permit application.

Aboriginal initiated research

Many Aboriginal people feel chronically over researched. They often feel that research is of career benefit to non-Aboriginal people, but of little benefit to Aboriginal people. One of the ways that research can benefit to Aboriginal people is if it addresses their research needs and interests, and accord with their priorities.
The CLC strongly encourages researchers to work alongside Aboriginal people in central Australia to design research projects that address Aboriginal peoples' needs for research in specific areas. Research that is designed in response to Aboriginal peoples' research agendas, and has the support of Traditional Owners or other Aboriginal people, will be viewed favorably by the CLC in the permit application process.
The CLC understands that where Aboriginal people are involved in the project development that researchers may not have a defined project when applying for a permit. The CLC is happy to accept applications for permits that describe an iterative methodology for project development. Where project applications state specific communities that a researcher wants to work with, these will be forwarded to the community concerned.
Benefits for Aboriginal communities
Aboriginal people have the right to expect that research conducted on their land, and in their communities, will be of benefit to them.

Benefits flowing back to Aboriginal communities can comprise a combination of both monetary, and non-monetary benefits. Monetary benefits can comprise up-front payments, and staged methods of providing such payments. Non-monetary benefits can comprise training and skills assistance, community infrastructure provision, education and awareness, and community capacity development. It is advantageous to negotiate the kinds of benefits – both monetary and non-monetary – with Aboriginal communities.

Aboriginal people are experts

Researchers are sometimes unaware of the expertise that Aboriginal people possess in a range of areas. This is particularly the case in areas of Land Management and ACIP. Research in these areas can benefit greatly from input by Aboriginal people. The CLC encourages researchers to consider including a role for Aboriginal people as paid experts in these areas. Such a role would, in turn, go some of the way to providing Aboriginal people with meaningful engagement in research. It also allows Aboriginal people to maintain a livelihood while still living on country.

Aboriginal governance structures

Aboriginal participation may be facilitated by utilising existing Aboriginal organisations. For major projects, the establishment of an Aboriginal steering committee should also be considered. In both cases the Aboriginal people can provide advice on project development and interpretation of results. Researchers should also be aware that in many cases Aboriginal people who participate in these structures need to be paid, and researchers should budget accordingly. The CLC is strongly of the opinion that successfully operating Aboriginal governance structures can greatly enhance the outcomes of a research project.

Guidelines For Evaluating Permit Applications

Introduction

These Guidelines are intended to provide improved coordination and coherence for the CLC permit assessment processes. They provide a checklist for assessing permits on a whole of CLC basis in terms of critical criteria such as priority and significance, project management, monitoring and reporting, and dissemination of results.

1. Project Priority
1. What degree of urgency does the proposed project or activity have to the CLC, to Traditional Owners, and to other Aboriginal people?
2. In what, if any, ways are the proposed results/outcomes from the project or activity likely to enhance the capacity of Traditional Owners and other Aboriginal people to sustainably manage their lands and resources?
3. How is the proposed project and/or activity likely to strengthen Aboriginal peoples' capacity to exercise their rights in cultural and intellectual property, traditional knowledge, biological resources and environmental conservation and management?
4. In what, if any, ways does the proposed project/activity have the potential to enhance Aboriginal peoples' capacity to protect their sacred sites and areas, other significant sites, places and areas, cultural objects, and other elements of their cultural heritage?
5. What, if any regional, national, and/or international implications and/or relevance does the proposed activity/project have?
2. Benefits To Aboriginal People
1. Have Traditional Owners and other Aboriginal people indicated a wish to participate in the project?
2. If this is the case, in what ways does the project demonstrate a commitment to ensuring their full and equal participation throughout the duration of the project?
3. What actual benefits will accrue to Traditional Owners and other Aboriginal people during the course of the project (e.g capacity building initiatives, skills and training, wages paid for expertise, or research that accords with community needs and priorities).
3. Project Management
1. What strategies are in place for continuous monitoring, reporting, and financial management of the proposed project/activity? Is this necessary?
2. How does the proposed project intend to make reports on progress available and accessible to Traditional Owners and other Aboriginal people (e.g., by means of a Plain Language report; other formats?).
4. Project Outcomes
1. What strategies are in place for full reporting of project results and outcomes?
2. What strategies are in place for full disclosure of distribution, promotion and dissemination of project results?