What is the Allodial Land Use Registry?

The Allodial Land Use Registry (ALUR) is a registry of Allodial Lands. The allodial rights and any agreements to permit the use of allodial lands is certified by the allodial owners through their authorized representatives.

 

There are two levels of recording of rights in the ALUR. The first is the recording of the perpetual Allodial Ownership of the land owned by the First Nation. A Certificate of Allodial Ownership can be issued, this would be in response to:

• Formal application for recording of the land.
• A survey, map or reference to an approved survey, Native Title Treaty Determination or other information that defines the spatial extent of the land owned by the First Nation.
• Additional supporting information, including formal advice by the First Nation of the authority to approve permits and other instruments. Supporting documentation for the recording of Allodial Ownership will be assessed in-house by Treaty Council/Allodial Tribunal.

The second level of recording is the Permit system. Allodial Owners grant a Permit over all or part of the land covered by the Allodial Ownership recorded in the registry to a Permit Holder for a period of up to 99 years for a defined use under conditions as set out in a Permit Agreement.

The only transactions recorded in the ALUR on land covered by Allodial Ownership are duly approved Permits

A permit on a recorded Allodial land can be issued to a third party. There is potential to issue multiple permits on the same plot to different parties provided that recorded uses do not overlap. Each permit will be identified through a unique permit number (described right).

Subsequent transactions on a permit will be recorded on the permit history, available to view online as well as included in a printout document. Subsequent transactions include:

• Transfer of permit
• Cancellation of permit
• Modification of permit (name change, use, duration and other details set out in Annexure 1 of the permit)
• Encumbrances recorded on the permit
• Sub-lease
• Discharge of encumbrances recorded on permit

Return to top of page

Who established ALUR?

The Treaty Council was established in 2014, and formally recognised as an Indigenous Corporation in 2019 (ICN 9045) to implement a range of initiatives to promote the socio-economic development of Indigenous People. In 2019 the Treaty Council as a Central Commission for First Nations Allodial Owners with its agenda to improve socio-economic conditions saw the need to establish and operate an Allodial Land Use Registry (ALUR). This Proof of Concept was established in September 2020 with the technical support of Land Equity International

Treaty Council is a central commission for Allodial lands which assists in the economic empowerment of First Nations landowners and non-indigenous entities to reach viable trade agreements.

The ALUR has clear and comprehensive governance systems in place for compliance and adherence to the aims and values of the registry as established by the Treaty Council.

The principles that guide the operations of the ALUR are:

• Sustainability practices that minimise negative impacts on the environment.
• Engaging with partners and suppliers that share sustainable objectives and act responsibly regarding their employees, the environment,
and their communities.
• Governance that ensures we meet our obligations and continue to provide the service consistent with our heritage and future direction.

The Allodial Land Use Registry operates according to the following values:

• Authoritative – registry will provide authoritative and reliable information.
• Integrity – good and transparent governance arrangements.
• Efficient and Effective – consistent delivery, working smart and error free.
• Transparency – open, accessible, and secure information.
• Innovation – seeking better systems, services, and solutions through big and small ideas.

Return to top of page

Legal Basis

The basis for establishing the ALUR is the United Nations Declaration on the Rights of Indigenous People (UNDRIP), which Australia adopted in 2009 under the Rudd government. The UN Charter sets out the rights of Indigenous people to enjoy: Freedom from discrimination; Self-Determination; Autonomy and self-government in local affairs; maintain and strengthen distinct political, legal, economic, social and cultural institutions; revitalize cultural traditions and customs; the rights to lands, the development of lands and resources which they have traditionally owned, with the protection of the state; the right to restitution or equitable compensation for misuse of land without prior, informed consent and the right to develop intellectual property over cultural heritage and traditional knowledge (UNDRIP Articles 2,3,4,5,11,26, 28 and 31 respectively). Notably, Articles 11 and 31 of the UNDRIP UN Charter establishes the rights of Indigenous people to determine their cultural traditions in modernity and develop intellectual property of their cultural heritage and knowledge. This lays the foundation for the creation of the ALUR and the implementation of customary law in its administration of ALUR permits through collaboration with recognized community Elders.

Evolution of the ALUR

In the First Nations Doctrine of Creation and Allodial Title, First Nations people and their land come under First Nations Customary law in reference to Malo Law. This established that First Nations people can create and own their intellectual property by virtue of Malo Law which is recognized in Common law. Native Title has formal recognition in key court cases and legislation, including:

• The Pacific Islanders Protection Act 1872 and 1875 (UK) establishes at law confirmation from the English parliament that Queen Victoria did not claim dominion or sovereignty over ‘Aboriginal people and their places’ thereby ensuring the continuation of the ‘rights of the tribes, their rulers and chiefs’ (Saving the rights of Tribes Act 7).
• The Mabo Decision of the High Court (1992) established the recognition of the rights and interests to land held by Indigenous peoples as a source of Native Title not derived from the Crown but as part of common law establishing two distinct forms of common law in Australia; the continental common law and the colonial common law. Through this distinction, Indigenous peoples have a right to land through an alternative law which is not derived from recognizing the Crown as sovereign but recognizes the authority of traditional systems which predate colonial legislature. The Native Title Act (1993) aimed to codify the Mabo decision and implement strategies to recognize Native Title. The Wik Decision of the High Court (1996) dealt with the question of pastoral leases in Queensland and established the principle of coexistence. The Native Title Amendment Act (1998) implements the Government’s “10 Point Plan” in response to the Wik Decision.
• The Timber Creek compensation case in 2019, known officially as the Griffiths Case, is the first assessment by the High Court of compensation for extinguishment of Native Title rights and interests under the Native Title Act 1993.

Return to top of page

ALUR Technology

The ALUR has been developed using software from the Solutions for Open Land Administration (SOLA) suite of open-source software. More specifically, the web application, “Community Server” for the cloud-based ALUR registry, and as well, “Open Tenure” an application for mobile devices to capture, map and transmit new ALUR recordings to the cloud based ALUR registry. The SOLA software was developed by the Food and Agricultural Organization of the United Nations, as part of its support for the implementation of the Voluntary Guidelines on the Responsible Governance of Tenure for Land, Fisheries and Forests. This software has been adapted by Land Equity International for the purpose of the Allodial Land Use Registry. The SOLA software is based on international best practice for service delivery and complies with the Land Administration Domain Model (ISO 19152). SOLA software is designed to be adapted to meet different country's (and communities within countries) tenure arrangements including those of indigenous communities.

Return to top of page