Australian Native Title Law
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| Author | : Stephen Lloyd |
| Publisher | : |
| Total Pages | : 1242 |
| Release | : 2018-03-14 |
| Genre | : Aboriginal Australians |
| ISBN | : 9780455228846 |
Australian Native Title Law Second Edition annotates the Native Title Act 1993 (Cth) and analyses the common law principles applicable to native title. It explains the essential concepts and principles which underpin it, including relevant principles of constitutional, property and discrimination law, referencing a range of relevant authority and materials. The First Edition published in 2004 and was comprised of introductory explanatory chapters followed by a detailed annotation to the Native Title Act 1993 (Cth) and extensive reforms made in 1998 in light of the Wik decision. Since that time, some 27 amending Acts have come into force. The much-awaited Second Edition builds upon these foundations by bringing the Act up-to-date and providing detailed commentary on the more important of these amendments, in particular the Native Title Amendment Act 2007, the Native Title Amendment (Technical Amendments) Act 2007 and the Native Title Amendment Act 2009. The book now draws upon over 1,000 cases, including leading recent High Court decisions such as Queensland v Congoo (2015), Western Australia v Brown (2014), Karpany v Dietman (2013), and Akiba v Commonwealth (2013). Significant contributions from leading practitioners in the field are included, with a new section addressing proof of native title. Both new and experienced practitioners, decisions-makers, academics and students alike will find Australian Native Title Law Second Edition of invaluable assistance.
| Author | : Kingsley Palmer |
| Publisher | : ANU Press |
| Total Pages | : 297 |
| Release | : 2018-05-03 |
| Genre | : Social Science |
| ISBN | : 1760461881 |
The Australian Federal Native Title Act 1993 marked a revolution in the recognition of the rights of Australia’s Indigenous peoples. The legislation established a means whereby Indigenous Australians could make application to the Federal Court for the recognition of their rights to traditional country. The fiction that Australia was terra nullius (or ‘void country’), which had prevailed since European settlement, was overturned. The ensuing legal cases, mediated resolutions and agreements made within the terms of the Native Title Act quickly proved the importance of having sound, scholarly and well-researched anthropology conducted with claimants so that the fundamentals of the claims made could be properly established. In turn, this meant that those opposing the claims would also benefit from anthropological expertise. This is a book about the practical aspects of anthropology that are relevant to the exercise of the discipline within the native title context. The engagement of anthropology with legal process, determined by federal legislation, raises significant practical as well as ethical issues that are explored in this book. It will be of interest to all involved in the native title process, including anthropologists and other researchers, lawyers and judges, as well as those who manage the claim process. It will also be relevant to all who seek to explore the role of anthropology in relation to Indigenous rights, legislation and the state.
| Author | : Elizabeth Jane Macpherson |
| Publisher | : Cambridge University Press |
| Total Pages | : 313 |
| Release | : 2019-08-08 |
| Genre | : History |
| ISBN | : 1108473067 |
A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
| Author | : Sean Brennan |
| Publisher | : |
| Total Pages | : 273 |
| Release | : 2015 |
| Genre | : Aboriginal Australians |
| ISBN | : 9781862879980 |
Cover image taken at Mangkuna (Corkbark) on Karajarri country in the Kimberley, Western Australia - November 2014. Photography by Edward Tran. © Copyright Kimberley Land Council.This edited collection brings together some of Australia's foremost experts in native title to provide a realistic assessment of the achievements, frustrations and possibilities of native title, two decades since the enactment of the Native Title Act 1993 (Cth), and after the most significant High Court decision on native title in more than ten years, Akiba v Commonwealth, which confirmed the existence of commercial native title fishing rights. The Indigenous and non-Indigenous authors come from a variety of disciplines and perspectives and include academics and practitioners from the fields of law, economics, anthropology, politics, history and community development. Uniting the book is a concern that native title make a real impact on the economic and social circumstances of Australia's Indigenous communities.The book consists of two parts.Part One is entitled Legal Dynamics in the Development of Native Title. It examines the way in which Australian law has defined and often constrained the scope of this newly-recognised property right. There is a particular focus on legal issues with a direct bearing on the economic potential of native title, such as alienability and the right to trade resources and the challenges posed for anti-discrimination law.Part Two is entitled Native Title as a Vehicle for Indigenous Empowerment. Authors provide an overview of the contribution made so far by native title and the prospects for future empowerment. Detailed mapping and analysis provides readers with a geographic orientation and a sense of realism about the economic potential of the native title estate, in comparison with achievements under a parallel statutory land rights regime. This part also explains some of the challenges Indigenous groups face in areas such as governance, land reform and internal politicking, as they operate in the shadow of the law, seeking to utilise native title for greater empowerment._______________________________________________________ Click here to view and listen to the Indigenous Empowerment panel discussion which includes video and audio webcasts, photos and a review essay.
| Author | : Nick Duff |
| Publisher | : AIATSIS Research Publications |
| Total Pages | : 254 |
| Release | : 2017-02-07 |
| Genre | : Aboriginal Australians |
| ISBN | : 9781922102614 |
Native title involves an interface between the Australian legal system and Indigenous legal, cultural and political systems. The assertion and management of native title rights involves collective action by sometimes large and disparate groups of Indigenous people. Contentious politics makes such collective action difficult and the courts will often be asked to decide whether group decisions have been validly made. In the last two decades a vast and complex body of law and practice has developed to address this challenge. Authorisation law is a set of principles about how the views and intentions of native title claimants or holders are translated into legally effective decisions. This book sets out the legal rules and their application in various situations: native title claims, native title agreement-making, decision-making by native title corporations, and compensation applications. It also addresses key practical, ethical and political dimensions of native title decision-making. This book will be useful for native title practitioners including lawyers, judges and native title holders. It will also be relevant to academic research into the ethical, political and anthropological dimensions of Indigenous governance.
| Author | : Benjamin Richard Smith |
| Publisher | : ANU E Press |
| Total Pages | : 238 |
| Release | : 2007-10-01 |
| Genre | : History |
| ISBN | : 1921313528 |
"The papers in this collection reflect on the various social effects of native title. In particular, the authors consider the ways in which the implementation of the Native Title Act 1993 (Cwlth), and the native title process for which this Act legislates, allow for the recognition and translation of Aboriginal law and custom, and facilitate particular kinds of coexistence between Aboriginal title holders and other Australians. In so doing, the authors seek to extend the debate on native title beyond questions of practice and towards an improved understanding of the effects of native title on the social lives of Indigenous Australians and on Australian society more generally"--Publisher's description.
| Author | : Louis A. Knafla |
| Publisher | : UBC Press |
| Total Pages | : 280 |
| Release | : 2011-01-01 |
| Genre | : Law |
| ISBN | : 0774859296 |
Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.
| Author | : David Laurence Ritter |
| Publisher | : ISBS |
| Total Pages | : 116 |
| Release | : 2009 |
| Genre | : History |
| ISBN | : 9781921401169 |
The Native Title Market describes and critically analyzes the world of native title agreements between Aboriginal groups and developers that have emerged since Australia's Native Title Act was passed in 1994. The book challenges the popular and convenient myths that have emerged about native title agreement making. The special importance of The Native Title Market is that it is the only book to challenge the orthodoxy that is accepted by many commentators, journalists, government institutions, resource developers, and academics. The book is also the first to be written about native title negotiations, by a genuine insider - someone who participated as an adviser on some of the largest native title deals in Australia and worked within the system for more than a decade. The Native Title Market is contentious and assured in its strong claims about an important social, political, and legal question in contemporary Australia.
| Author | : Michael Bachelard |
| Publisher | : |
| Total Pages | : 141 |
| Release | : 1997 |
| Genre | : Australia |
| ISBN | : 9781864470314 |
Presents the facts of why the Wik and Mabo judgements of the High Court were so momentous, and why Labor passed the Native Title Act in response.
| Author | : Toni Bauman |
| Publisher | : |
| Total Pages | : 444 |
| Release | : 2012 |
| Genre | : Aboriginal Australians |
| ISBN | : 9780987135384 |
This book looks back at the twenty years since the Mabo decision to clarify the challenges that remain as well as all that has been accomplished so far.
