<
https://theconversation.com/why-native-title-rulings-need-a-system-to-value-cultural-loss-279743>
"Right now, courts across Australia are grappling with a difficult legal
question. How do you put a dollar value on the cultural and spiritual harm done
to Aboriginal and Torres Strait Islander Peoples when their Country has been
damaged or taken away?
In February, the Federal Court awarded the Gudanji, Yanyuwa, and Yanyuwa-Marra
Traditional Owners A$54 million for “intergenerational and enduring” cultural
and spiritual loss caused by the expansion of the McArthur River Mine in the
Northern Territory.
This was only the second compensation award for cultural loss made by federal
courts in Australian history, following a landmark 2019 case.
There are still major Native Title rulings where compensation is yet to be
decided. These include the Gumatj/Yunupingu case in the Northern Territory and
the Yindjibarndi Ngurra claim in Western Australia. Both are widely regarded as
major tests of how both economic and cultural loss are assessed.
But perhaps surprisingly, unlike economic damages, there is no formal valuation
method for cultural loss. Our research aims to address this need."
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
