The Customary Land Podcast is about all things relating to the equitable management of customary land. We will be discussing tools and ideas needed to manage, use and equitably maximise interests in land at the interface of custom, tradition and development in its many forms
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In this episode I discuss several of the customary land related reviews initiated in 2023 by the Rabuka led Coalition Government in Fiji. These include: The Review of the Great Council of Chiefs (GCC). And, as foreshadowed by Prof Steve Ratuva in his public lecture celebrating Ratu Sakuna Day celebrations, and requested at the meeting of the GCC on…
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In this episode I explore how becoming a Republic and crafting a new Constitution fit for purpose in the 2020s offers Australia the perfect opportunity to truly recognise the Aboriginal and Torres Strait Islander 'Voice'. An Australian Republic means we need to replace the Crown and the Crown's superior interest in the land with something. If that …
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The Plurality of Registers - Coronation, Aristocracy and Autonomy on Customary Land
56:22
56:22
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Differing worldviews constitute the 'Plurality of Registers' and the tension of navigating between customary and traditional relations to land as 'ours' versus the western materialism of possessive individualism that sees land as 'mine'. In part, this episode is triggered by the anachronism of a coronation in 2023, particularly when former empire a…
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In this episode I sit down for a far-reaching conversation about the valuation of unregistered land with Mike McDermott PhD MA FAPI FRSA. Mike is an International Land Policy and Valuation Implementation Consultant who is also the author of Wicked Valuations and Landed Property. He has advised a diversity of governments, development agencies, donor…
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Leasing Customary Land: Problem or Solution?
52:04
52:04
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Leases are a common tool to enable surplus (or non-reserve) native land, tribal land or customary land to be used productively, be it for primary production, commercial or residential purposes. When properly crafted and managed, leasehold tenure should enable inalienable customary land to be used productively for the benefit of landowners, tenants …
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In this episode I sit down with Prof. John Sheehan AM to reflect on and explore lessons from the Timber Creek case. Our far-reaching discussion includes recognition (and extinguishment) of inalienable customary land rights, which are precarious, Native Title, s.51 xxxi of the Constitution of Australia ('just terms' compensation), and the relationsh…
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In this episode we explore who 'owns' Customary Land... and it isn't as obvious as you may think! The episode is built around a paper that I co-authored with a former lawyer colleague, Krishn Shah, in which we explored customary land ownership using Fiji as a case study. Using Fiji is helpful, as Native Land Records have been kept since the time of…
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Let's talk about 'Customary Land' & the UN Declaration on the Rights of Indigenous Peoples...
45:57
45:57
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In this episode we introduce 'Customary Land' and use land related articles from the United Nations Declaration on the Rights of Indigenous Peoples (UN DRIP 2007) to explain its importance in contemporary society. For example, among the many important Articles in the Declaration: 00:14:16 Article 18 & 19 provide the framework and authority for an A…
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The Customary Land Podcast is about all things relating to the equitable management of customary land. We will be discussing tools and ideas needed to manage, use and equitably maximise interests in land at the interface of custom, tradition and development in its many forms. The Customary Land Podcast is for everyone living on, identifying with an…
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