Co-designing Benefits Management Structures

This monograph considers the institutional design of BMSs that receive, hold and distribute assets deriving from native title land use and related agreements. The objective is to identify considerations that are relevant to designing or reviewing the legal structure for such BMSs. Applying these considerations permits identification of best practice and of areas where greater priority could be given so as to achieve a better fit between the BMS on the one hand and, on the other, the broader institutional context in which it exists, the BMS’ organizational goals and the behavior of individuals who interact with the BMS. Agreements between Indigenous communities and others, formed in relation to the national framework provided by the NTA, represent the principal means by which parties achieve practical recognition of Indigenous peoples’ rights, culture and significance. Collectively, native title land use agreements involve billions of dollars per year. They present key social, economic and cultural opportunities and risks for Indigenous people. Therefore, management of the benefits provided under such agreements to BMSs is critically important. With a view to supporting the management of benefits within a BMS, this monograph responds to the research question: what considerations are relevant to designing or reviewing the legal structure for a BMS?