Designing Native Title Asset Management Structures for Culture, Law, Love and Money

This article examines native title asset management structures (NTAMS) which receive, hold and distribute assets arising from native title and related agreements. Taking stock of the emerging commentary on NTAMS, this article identifies design principles that can be used to measure how well NTAMS are operating and to identify best practice and common problems. Land access agreements between Indigenous groups and others represent a fundamental means by which parties achieve practical recognition of Indigenous peoples’
rights, culture and significance, as well as certainty over their interaction with other land rights. Collectively, such agreements involve billions of dollars per year. The assets received under land access agreements therefore represent a significant opportunity for Indigenous people to enhance their social, economic and cultural lives. Accordingly, the management of those assets by NTAMS is critically important.