Native title fight not over VANDA CARSON, ALEXANDRIA UTTING, COURT REPORTERS 13 July 2019 Courier Mail © 2019 News Limited. All rights reserved. A GROUP of traditional owners opposed to the Adani mine...

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Native title fight not over




VANDA CARSON, ALEXANDRIA UTTING, COURT REPORTERS


13 July 2019


Courier Mail


© 2019 News Limited. All rights reserved.


A GROUP of traditional owners opposed to the
Adani
mine have left the door open to take their fight over
native title
to the nation’s highest court.


Yesterday, the full bench of the Federal Court rejected the Wangan and Jagalingou people’s bid to overturn the
Adani
Indigenous Land Use Agreement (ILUA) between the miner and the State Government, which permanently extinguished the rights of the traditional owners.


Colin Hardie, lawyer for the five members of the group, including activist Adrian Burragubba, told The Courier-Mail they were yet to decide whether there were grounds to appeal. The ruling confirmed the single-judge decision handed down in the Federal Court last year, where Justice John Reeves found the challengers’ arguments had no merit.


The group, including Delia Kemppi, Burragubba and three others, claimed in their appeal the ILUA was not valid because
Adani
had paid money to those recruiting Aboriginal people to attend meetings where traditional owners would decide on the crucial mining deal.


The traditional owners argued there were 200 people who attended the meeting to vote on the mine who had not pre-registered or were not known by elders at the meeting. They also said some who voted on the mine were not verified as
native title
holders.


In their appeal, they challenged two steps leading to the registration of the
Adani
ILUA.The group claimed Justice Reeves did not correctly interpret the
Native Title
Act and
Adani’s ILUA did not provide a “complete description” of the area of land in which
native title
would be surrendered.



The question to answer is the following:



Are Adani and the State Government ethically right or wrong in the Wangan and Jagalingou native title case?


a) Use stakeholder theory (chapter 3, Lecture 4) and address issues of Diversity and inclusion specifically in relation to Native Title owners.


b) Provide arguments based on a “sufficient number” of theories of Corporate Governance, Corporate Social Responsibility (CSR), Creating Shared Value (CSV) and any other sustainability theory to justify or criticise the actions taken by Adani and the state government in relation to this case.


c) Analyse these decisions and actions using normative theories of ethics as well as justice and economic distribution theories.


You have to demonstrate a well-developed ability to use critical thinking when analysing the topic and an advanced understanding of business concepts. You will also need to thoroughly research the topic
independently
and finally present your findings in a professional manner using a report format.


Please follow the rubric and instructions provided in this folder


1750 words


10 peer reviewed articles/ books, articles should be academic. Referencing style should be Harvard.


There is need of introduction. The assignment should be according to points which are given below.































Corporate Governance, CSR, CSV and Corporate Social Performance



Sound use of Corporate Governance Theoretical views such as Agency/ TCE/ Enlightened shareholder value etc.


The corporate social performance cube has been used to demonstrate that we all do good and bad things. The issue in the social environment axis has been modified.


Porter and Kramer’s Creating Shared Value concept has been discussed.


Use of CSR to link to the next section.


Power/ responsibility relation of the corporation towards native title holders




Stakeholder Analysis



Diversity and Inclusion



You have used the 5 stakeholder analysis questions as depicted in the text. Analysis using the 5 questions is comprehensive.


You have discussed issues relative to the importance of diversity and inclusion, specially towards indigenous groups in the region.




Corporate Governance Discussion based on ASX 2010 Principles and recommendations



You have identified the level of Board Independence, board formation and diversity.


Your analysis of the corporation’s actions using ASX Principles and recommendations is comprehensive.




Ethical analysis



You have analysed the ethical question from a normative (consequentialist / non- consequentialist) perspective


You have analysed the ethical question from the perspective of justice and economic distribution using libertarian as well as Rawls approach.


Which factors constitute justice? You have discussed this issue.




Conclusion, Recommendations.



Conclude and state 3 or 4 action driven and well-reasoned recommendations




Literature support and argument, logical and engaging. Critical evaluation and logical development of arguments supported by relevant credible sources and appropriate ref. style.



Your use of the literature is pertinent and provides support for your ideas (at least 10 refereed, peer reviewed articles and sufficient news articles, videos etc.)


Your writing style is well developed.


Your argument is good and logical


The referencing style in text and in the LoR is appropriate and follows Harvard referencing style.



















Answered Same DayOct 17, 2021BUS320University of the Sunshine Coast

Answer To: Native title fight not over VANDA CARSON, ALEXANDRIA UTTING, COURT REPORTERS 13 July 2019 Courier...

Preeti answered on Oct 20 2021
124 Votes
Discussion Question ‘Are Adani and the State Government ethically right or wrong in the Wangan and Jagalingou native title case?
Introduction
The underlying assignment is based on analysing the case titled ‘Wangan and Jagalingou people, the traditional owners of the land located and named as Queensland’s Galilee Basin. The concerned land or property is intended to be used by the giant corporate conglomerate Adani for the purpose of esta
blishing their long awaited project named Carmichael Coal Mine.
The case scenario is all about rejecting Indigenous land use agreement (ILUA) formed between Wangan and Jagalingou and Adani for constructing Carmichael mine on their traditional lands. The spokesperson of Wangan and Jagalingou family council named ‘Adrian Burragubba’ stated that they do not consent to the Carmichael mine on their ancestral lands. Wangan and Jagalingou would never accept any kind of such offer made by Adani to sign away their land deeply embedded their rights and interests in it. Wangan and Jagalingou and family is never interested in taking up or receiving any monetary compensation offered in lieu of it, and, intended to fight till end for protecting and defending their land (Cross, 2019).
Corporate governance, CSR, CSV and Corporate social performance
Australia’s federal government has approved Adani’s proposed Carmichael mine, however, received full-bench appeal and opposition from indigenous traditional owners. The proposal remained highly contested and uncertain prevented Queensland government from extinguishing native title over 1,385 hectares of Wangan and Jagalingou country. Lastly, Queensland government has extinguished native title without making any formal public announcement of the decision. The decision resulted in the forcibly removal of Wangan and Jagalingou protestors from their traditional lands. Wangan and Jagalingou council leader and other representatives called up the government to rule out the decision of their land transfer arguing that they had never given any kind of free consent to Adani for occupying their ancestral lands. This has raised question on validity of Adani’s Indigenous Land Use Agreement (ILUA) ('Slur' allegations in Adani court battle, 2019).
In accordance to Enlightened shareholder theory, a firm should take decision proving overall beneficial to the firm’s welfare and interests, rather than certain group of stakeholders. The long term market value of any organisation is not possible if it ignores or mistreats any of the important constituency named customers, employees, suppliers, regulators and communities. As per the perspective of Enlightened shareholder theory, the goal of corporate governance is to focus on long term growth of the firm, and, stakeholders interest only to the extent that it is required by the law and by the concern for firm’s image and reputation. Therefore, it is necessary for Adani to take into account interest of Wangan and Jagalingou for its overall image and smooth operation. However, Adani failed in this process to a good extent which proved detrimental to its overall image and reputation. (Federal Court Adani decision: W&J’s rights fight will continue, 2019).
Another notable concept of corporate governance propounded by Porter and Kramer’s ‘Creating shared value’, asks business firm to create economic value in a way that it contributes to overall good and welfare of the society by addressing its needs and challenges. In context to Wangan and Jagalingou, their lands serve as the reason of their existence, rather than being a profit motive. Business leaders are required to lift up their eyes to a broader horizon of addressing social challenges and giving people a new mode of seeing opportunities and making business decisions accordingly. In Wangan and Jagalingou context, Adani’s leaders limited their horizon or vision only to the profits, instead of good for society. They took stronger political support for tackling wider set of public criticisms but still failed in gaining public support.
Stakeholder analysis
Stakeholder analysis is the individual assessment of individuals who have a vested interest in the project, and, actively involved with the project work in the expectation of gaining or losing something. Five stakeholders of Adani’s project are government, contractors, external customers, suppliers and top management. Among the five identified...
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