Australian Native Title Law

Australian Native Title Law PDF

Author: Stephen Lloyd

Publisher:

Published: 2018-03-14

Total Pages: 1242

ISBN-13: 9780455228846

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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.

Australian Native Title Anthropology

Australian Native Title Anthropology PDF

Author: Kingsley Palmer

Publisher: ANU Press

Published: 2018-05-03

Total Pages: 297

ISBN-13: 1760461881

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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.

Australian Native Title Law

Australian Native Title Law PDF

Author: Melissa Perry

Publisher: Sydney : Lawbook Company

Published: 2003

Total Pages: 1012

ISBN-13:

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This quality text will undoubtedly prove to be a valuable addition to the library of any practitioner dealing with land transactions, or anyone working in the Native Title field. It covers both the annotated Native Title Act 1993 (post 1998 amendments) and an analysis of the common law principles applicable to Native Title.

Crosscurrents

Crosscurrents PDF

Author: Katie Glaskin

Publisher: Apollo Books

Published: 2017

Total Pages: 308

ISBN-13: 9781742589442

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Law's metaphysics -- When whiteman came in -- Mission days -- A land and sea claim -- The ethnographic archive -- In the court -- Legal submissions and crosscurrents -- How judgments are made -- Society and sea on appeal -- Recognitions's paradox

Authorisation and Decision-making in Native Title

Authorisation and Decision-making in Native Title PDF

Author: Nick Duff

Publisher: AIATSIS Research Publications

Published: 2017-02-07

Total Pages: 254

ISBN-13: 9781922102614

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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.

Native Title Legislation in Australia

Native Title Legislation in Australia PDF

Author: Richard H. Bartlett

Publisher: Centre for Commercial and Resources Law

Published: 1994-01-01

Total Pages: 317

ISBN-13: 9780864223531

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Papers on the conflict between Commonwealth and State native title legislation and on the validity of the state acts especially the Western Australian Land (Title and Traditional Usage) Act; discusses the implications of the various acts for Aboriginal people and industry; regional agreements seen as future solution; papers entered separately.

Indigenous Water Rights in Law and Regulation

Indigenous Water Rights in Law and Regulation PDF

Author: Elizabeth Jane Macpherson

Publisher: Cambridge University Press

Published: 2019-08-08

Total Pages: 313

ISBN-13: 1108473067

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A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.

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