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.

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.

The Native Title Market

The Native Title Market PDF

Author: David Laurence Ritter

Publisher: ISBS

Published: 2009

Total Pages: 116

ISBN-13: 9781921401169

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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.

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.

The Social Effects of Native Title

The Social Effects of Native Title PDF

Author: Benjamin Richard Smith

Publisher: ANU E Press

Published: 2007-10-01

Total Pages: 238

ISBN-13: 1921313528

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"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.

Overturning Aqua Nullius

Overturning Aqua Nullius PDF

Author: Virginia Marshall

Publisher:

Published: 2017

Total Pages: 0

ISBN-13: 9781922059093

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Aboriginal peoples in Australia have the oldest living cultures in the world. From 1788 the British colonisation of Australia marginalised Aboriginal communities from land and water resources and their traditional rights and interests. More recently, the national water reforms further disenfranchised Aboriginal communities from their property rights in water, continuing to embed severe disadvantage. Overturning aqua nullius aims to cultivate a new understanding of Aboriginal water rights and interests in the context of Aboriginal water concepts and water policy development in Australia. In this award-winning work, Dr Marshall argues that Aboriginal water rights require legal recognition as property rights, and that water access and water infrastructure are integral to successful economic enterprise in Aboriginal communities. Aboriginal peoples social, cultural and economic certainty rests on their right to control and manage customary water. Drawing on the United Nations Declaration on the Rights of Indigenous Peoples, Marshall argues that the reservation of Aboriginal water rights needs to be prioritised above the water rights and interests of other groups. It is only then that we can sweep away the injustice of aqua nullius and provide the first Australians with full recognition and status of their water rights and interests.

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