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• 1. [Article] Valuation of Indigenous Rights to the Sea Estate

  The Mabo [no. 2] 1992 High Court decision and subsequent judicial decisions indicate a quantum shift in the recognising the rights of Aboriginal peoples and Torres Strait Islanders to their sea estates ...

  Citation × Citation Citation Abstract Copy Title: Valuation of Indigenous Rights to the Sea Estate Author: Campbell, David Year: 2001 The Mabo [no. 2] 1992 High Court decision and subsequent judicial decisions indicate a quantum shift in the recognising the rights of Aboriginal peoples and Torres Strait Islanders to their sea estates ‘as far as the eye can see’. These ongoing changes create a circumstance in which the transfer and trade in rights to fish resources between Indigenous and non-Indigenous people can be mutually beneficial and the requirement to be able to access damage, loss or diminution of rights. The paper provides a means by which compensation for the diminution or loss of native title rights might be estimated on the basis of the opportunity cost of time. Insights are provided into the economic characteristics of the benefits obtained from native title rights and how such rights will affect a community’s budget and the choices available. In particular, the paper shows that, because of the particular relationship Aboriginal and Torres Strait communities have with their estate, and the inclusive nature of community management of the estate, behavioural based methodologies may be applied to the valuation of native title rights to non-use cultural values. While it is clear that additional work is required in the application of economic methodologies to valuing the rights of Aboriginal and Torres Strait Islander peoples, what is offered here will broaden the scope of this work. Title: Valuation of Indigenous Rights to the Sea Estate Author: Campbell, David Year: 2001 The Mabo [no. 2] 1992 High Court decision and subsequent judicial decisions indicate a quantum shift in the recognising the rights of Aboriginal peoples and Torres Strait Islanders to their sea estates ‘as far as the eye can see’. These ongoing changes create a circumstance in which the transfer and trade in rights to fish resources between Indigenous and non-Indigenous people can be mutually beneficial and the requirement to be able to access damage, loss or diminution of rights. The paper provides a means by which compensation for the diminution or loss of native title rights might be estimated on the basis of the opportunity cost of time. Insights are provided into the economic characteristics of the benefits obtained from native title rights and how such rights will affect a community’s budget and the choices available. In particular, the paper shows that, because of the particular relationship Aboriginal and Torres Strait communities have with their estate, and the inclusive nature of community management of the estate, behavioural based methodologies may be applied to the valuation of native title rights to non-use cultural values. While it is clear that additional work is required in the application of economic methodologies to valuing the rights of Aboriginal and Torres Strait Islander peoples, what is offered here will broaden the scope of this work. Close