Recognising and Protecting Indigenous Knowledge Associated with Natural Resource Management

Project Member(s): Stoianoff, N.

Funding or Partner Organisation: Namoi Catchment Management Authority

Start year: 2013

Summary: Traditional custodians of land hold knowledge critical to conservation of biological diversity and natural resource management. Australia has been slow to deal with formal recognition and protection of such Indigenous knowledge, despite its international obligations. Other nations and regions have developed significant regimes that recognise such knowledge as part of a living culture that requires access to country. This project will establish a comparative framework facilitating the development of a regime for recognition and protection of such Indigenous knowledge engaging the Namoi Catchment Aboriginal Community in developing a standard-setting model of involvement in natural resource management and access to country. This project will: 1. identify key elements of a regime that will recognise and protect Indigenous knowledge associated with natural resource management; 2. facilitate Aboriginal Community engagement in the process of developing a regime; 3. develop a draft regime that not only accords with the aims and goals of the Namoi Catchment Aboriginal Community but would be a model for implementation in other regions in New South Wales; 4. produce a Discussion Paper through which the draft regime can be distributed for comment; 5. conduct community consultations to refine the draft regime into a model that may be implemented through NSW legislation by finalising a White Paper to be delivered by the UTS Indigenous Knowledge Forum and Namoi CMA to the Office of Environment and Heritage (NSW) (OEH).

Publications:

Martin, F, Cahill, A, Wright, E & Stoianoff, N 2019, 'An international approach to establishing a Competent Authority to manage and protect traditional knowledge', Alternative Law Journal, vol. 44, no. 1, pp. 48-55.
View/Download from: Publisher's site

Stoianoff, NP 2017, 'A Governance Framework for Indigenous Ecological Knowledge Protection and Use' in Levy, R, O'Brien, M, Rice, S, Ridge, P & Thornton, M (eds), New Directions for Law in Australia, ANU Press, Canberra, pp. 231-241.
View/Download from: Publisher's site

Stoianoff, NP, Cahill, A & Wright, EA 2017, 'Indigenous knowledge: what are the issues?' in Stoianoff, NP (ed), Indigenous Knowledge Forum: Comparative Systems for Recognising and Protecting Indigenous Knowledge and Culture, LexisNexis, Australia, pp. 11-37.

Wright, EA, Cahill, A & Stoianoff, NP 2017, 'Australia and Indigenous traditional knowledge' in Stoianoff, NP (ed), Indigenous Knowledge Forum: Comparative Systems for Recognising and Protecting Indigenous Knowledge and Culture, LexisNexis, pp. 39-68.

2016, 'Indigenous Knowledge Forum - Comparative Systems for Recognising and Protecting Indigenous Knowledge and Culture', Lexis Nexis Butterworths, Chatswood, NSW, Australia, pp. 1-501.

Stoianoff, NP, Cahill, A, Wright, E & Marshall, V UTS – Indigenous Knowledge Forum & North West Local Land Services (NSW)) 2014, Recognising and Protecting Aboriginal Knowledge Associated with Natural Resource Management - White Paper for the Office of Environment and Heritage, NSW, 2014, pp. 1-137, Sydney.

Keywords: traditional knowledge; Indigenous knowledge, Indigenous culture, biodiversity, natural resource management

FOR Codes: Rights to Environmental and Natural Resources (excl. Water Allocation), Economic Growth, Conserving Aboriginal and Torres Strait Islander Heritage, Expanding Knowledge in Law and Legal Studies, Intellectual Property Law, Environmental and Natural Resources Law, Aboriginal and Torres Strait Islander Law, Comparative Law, Environmental and resources law, Aboriginal and Torres Strait Islander peoples and the law, Aboriginal and Torres Strait Islander heritage and culture

Acknowledgement of Country

UTS acknowledges the Gadigal people of the Eora Nation, the Boorooberongal people of the Dharug Nation, the Bidiagal people and the Gamaygal people, upon whose ancestral lands our university stands. We would also like to pay respect to the Elders both past and present, acknowledging them as the traditional custodians of knowledge for these lands.