29. Custodial Occupation

Original Australians are the most ancient continuous civilisation on Earth. Their ancestors arrived on the continent about 70,000 years ago as the first humans to cross the ocean. Split into hundreds of social nations, each with its tribal territory and dialect, a cumulative population of 1.6 billion people has been estimated to have lived in Australia, supported by the land, before British colonisation. DNA samples collected from indigenous West Australian people and processed in Holland showed Dutch shipwreck survivors were marrying indigenous women and raising families one hundred years before James Cook set foot on the east coast of the Australian continent to claim British Crown (sovereign ) rule.

For many indigenous people, land relates to all aspects of existence — culture, spirituality, language, law, family and identity. Rather than owning land, each (Original) person belongs to a piece of land to which they're related through the kinship system. That person is entrusted with the knowledge and responsibility to care for their land, providing a deep sense of identity, purpose and belonging.

Consequently, their broad practical knowledge of the land became supplemented by a spiritual belief that the Earth would not continue to be productive unless they respected its rules and deities. This profound relationship between people and the land, described as a 'Connection to Country,' might also be described as a 'Connection to Mind,' thence to one's spiritual essence. The relationship between consciousness and natural law is evident.

Proprietary Rights

Rather than owning land, each (Australian Original) person belongs to a piece of land they're related to through the kinship system. That person is entrusted with the knowledge and responsibility to care for their land, providing a deep sense of identity, purpose, and belonging. This ‘belonging’ explains the relationship between knowledge, commitment, identity, and purpose, broadly defined as the principles of intrinsic natural law.

First Nations culture developed in the context of a nomadic hunter-gatherer lifestyle. Their broad practical knowledge of the land and all development that grew from it is supplemented by a spiritual belief that the Earth would not continue to be productive unless they respected its rules and its deities. So, they developed their own systems of knowledge and understanding of their ecology, representing a living symbiotic relationship with the land and waters of their traditional homeland estates. Land was the basis of all original peoples' relationships, economies, identities, and cultural practices.

While this deep relationship between people and the land is expressed as a 'Connection to Country,' it might also be described as a 'connection to mind' and thence to one's spiritual essence.

Despite the loss of land through dispossession, Warlpiri Elder Jerry Jangala explains that "unlike the western attitude towards land which sees it as something to be privately owned, many Indigenous people believe that land is for everybody. The land welcomes all people and offers us its provision. However, we're required to respect the land in return."

Since the nature of Protection is fundamental to 'original' culture, the question is, how can land usage and its Protection be assigned entitlement as a cross between owning a parcel of land and belonging to a piece of land?

Custodians:

The answer I submit is to instrument' custodial title,' whereby the occupant uses the land to (life's) advantage while at the same time protecting and preserving it. Accordingly, the Protecture is the custodian of the land, not its owner. It cannot, therefore, sell land or waterways to offshore governments or corporations. Neither can it transfer custodial titles to foreigners, unconstitutional immigrants or their agents.

Accordingly, a Protecture allocates, consigns, or transfers custodial title to a parcel of land, whereby the recipient is indebted to maintain like protection, meaning a different (Australian National) individual is now responsible for protecting that land. 

Any improvements to land, such as orchards, sheds, houses, or farm structures and machinery, are saleable, but the dirt below is not. The custodial title to the ground transfers by sale, always remembering that land irrevocably connects to its added assets since you cannot have one without the other.

In the case of an iron ore mine, the sale price will define the estimated value of iron ore available, but its value comes from the efforts to extract it. The custodial titler holder (mining company) has the custodial right to the land parcel and the saleable right to (ore) assets derived from the company's actions, but does not own the parcel of land.

For a farm, the sale price will reflect potential profits based on climate, existing infrastructure and machinery. In contrast, a house sale price will depend on size, amenities, locality, climate, transport and views. The same holds for many different land usages. Should a particular land use be cancelled or terminated, such as through house demolition, the custodial title holder will remove all appurtenances, leaving the land in its original condition as soon as possible. The land is thereby protected and available once more for custodial title transfer. In practice, there are little changes from what we have today in financial terms, the principal difference being that the land is protected. All chemical, chemtrail and bioweapon assaults are arrested, and all river pollutants likewise downstream of factories. Forests and beaches are similarly preserved.

So, the principle of 'Original peoples' guardianship is preserved. The custodial title holder is entrusted with the knowledge and responsibility to care for their land, which provides a deep sense of identity, purpose, and belonging.

Protocols of Protection

The following notes are taken from my 'Protocols of Protection' document. 

Land is as natural as humanity. Neither can own the other. The solution to land usage is to instrument 'custodial title,' whereby the occupant uses it to (life's) advantage while at the same time protecting and preserving it.

Allodial title differs because the owner has absolute title over their property. Property owned under the allodial title is referred to as allodial land. Some realms (such as Australia and Canada) recognise Aboriginal title as a form of allodial title that does not originate from a Crown grant. The allodial title was initially employed in the United States when it declared independence from England. The idea allowed the holder and defender of the land to claim ownership rights that were defensible in law. Generally, ownership rights are established under common law, with secondary rights potentially claimed under an allodial system. All property systems are subject to the Constitutionally granted right of eminent domain. This is the right of the US or state governments to take private land for public use.