Native Title In Australia
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Native Title In Australia
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Author : Peter Sutton
language : en
Publisher: Cambridge University Press
Release Date : 2004-01-19
Native Title In Australia written by Peter Sutton and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-19 with Social Science categories.
Native title has often been one of the most controversial political, legal and indeed moral issues in Australia. Ever since the High Court's Mabo decision of 1992, the attempt to understand and adapt native title to different contexts and claims has been an ongoing concern for that broad range of people involved with claims. In this book, originally published in 2003, Peter Sutton sets out fundamental anthropological issues to do with customary rights, kinship, identity, spirituality and so on that are relevant for lawyers and others working on title claims. Sutton offers a critical discussion of anthropological findings in the field of Aboriginal traditional interests in land and waters, focusing on the kinds of customary rights that are 'held' in Aboriginal 'countries', the types of groups whose members have been found to enjoy those rights, and how such groups have fared over the last 200 years of Australian history.
Australian Native Title Law
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Author : Stephen Lloyd
language : en
Publisher:
Release Date : 2018-03-14
Australian Native Title Law written by Stephen Lloyd and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-14 with Aboriginal Australians categories.
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.
Native Title In Australia 4th Edition
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Author : R. BARTLETT
language : en
Publisher:
Release Date : 2020
Native Title In Australia 4th Edition written by R. BARTLETT and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
Australian Native Title Anthropology
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Author : Kingsley Palmer
language : en
Publisher: ANU Press
Release Date : 2018-05-03
Australian Native Title Anthropology written by Kingsley Palmer and has been published by ANU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-03 with Social Science categories.
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.
The Social Effects Of Native Title
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Author : Benjamin Richard Smith
language : en
Publisher: ANU E Press
Release Date : 2007-10-01
The Social Effects Of Native Title written by Benjamin Richard Smith and has been published by ANU E Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-10-01 with History categories.
"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.
The Trouble With Tradition
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Author : Simon Young
language : en
Publisher: Federation Press
Release Date : 2008
The Trouble With Tradition written by Simon Young and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with History categories.
This book is a broad and detailed examination of the native title jurisprudence in the US, Canada, New Zealand and Australia, with a specific focus on the handling of Indigenous community changes in each country's case law.
Aboriginal Title And Indigenous Peoples
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Author : Louis A. Knafla
language : en
Publisher: UBC Press
Release Date : 2011-01-01
Aboriginal Title And Indigenous Peoples written by Louis A. Knafla and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
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.
Native Title In Australia 5th Edition
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Author : R Bartlett
language : en
Publisher:
Release Date : 2023-09-04
Native Title In Australia 5th Edition written by R Bartlett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-04 with Law categories.
This comprehensive and authoritative work provides the reader with an understanding of both the current operation of native title in Australia, and its historical and political background and development. It covers the nature of the concept, and explains the proof, content and extinguishment of native title. It examines the validation of past grants and acts, and the limited degree of protection from future acts; compensation for native title; and the application of native title principles to resource development and traditional pursuits. It considers both the common law and the Native Title Act 1993 (Cth). The fifth edition of this highly regarded work includes discussion on: * the consistent recognition of exclusive possession, use and enjoyment * the impact of the decisions in Northern Territory v Griffiths (HCA, 2019) and Yunupingu v Commonwealth (FCAFC, 2023) on compensation * the increasing use of consent determinations, including the Noongar South West Native Title Settlement (2016) * the implications of TJIWARL and TJIWARL (No 2) (FCAFC, 2018) (BHP case) in undermining the Native Title Act future act process * the significance of the decision in Western Australia v Manado (HCA, 2020) confirming existing public access to and enjoyment of beaches on native title land * the greater adherence to principles of equality by the courts, especially as to extinguishment. Native Title in Australia provides an ideal basis for both undergraduate and postgraduate study of native title and related Aboriginal and Torres Strait Islander issues, and is a reliable and informative source for practitioners, researchers and government bodies requiring current information in this area. Features * Complex topics are explained clearly and succinctly without over-simplification * Critically examines native title principles as applied in the contemporary environment * Engages readers to explore how native title principles are applied in practice * Updated to include developments in legislation and case law Related Titles * Anderson, Property Law: Concepts and Doctrine, 2022 * Edgeworth et al, Sackvillle & Neave Australian Property Law, 11th ed, 2021 * Hepburn, Australian Property Law: Cases, Materials & Analysis, 5th ed, 2021 * Webb & Stephenson, Focus Land Law, 5th ed, 2020
Language In Native Title
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Author : David Nash
language : en
Publisher:
Release Date : 2002
Language In Native Title written by David Nash and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Foreign Language Study categories.
This volume has its origin in a workshop on Linguistic Issues in Native Title held at the University of Western Australia on 2 October 1999.
Native Title And Land Law
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Author : Justin Carter
language : en
Publisher:
Release Date : 2015
Native Title And Land Law written by Justin Carter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Land reform categories.