ABSTRACT
Regulation governing natural resource negotiations between nation-states and Indigenous peoples is one of the crucial pillars of Indigenous title rights. This chapter explores the intersection between Indigenous rights and natural resource activities in providing one of the first comparative studies of consultation negotiation procedures and regulation in Canada and Australia. It poses the question of whether the current negotiation process is effective in representing Indigenous interests to achieve self-determination and to preserve and protect traditional lands and, if not, what opportunities exist to better manage Indigenous interests. The chapter argues Canada and Australia should endeavour to put in place a regulatory framework for implementing consultation that allows for Indigenous peoples’ genuine input and involvement and the ability to withhold consent by adopting the free, prior and informed consent standard within both nations’ respective regulatory systems.
