Content tagged with Native Title Act

Submission to Australian Law Reform Commission Review of the Native Title Act

AIATSIS' response to the Australian Law Reform Commission's (ALRC) review into the Native Title Act 1993 (Cth) seeks to...

Publication or resource - 17 Feb 2015

Economic issues in valuation of and compensation for loss of Native Title rights

For valuation methodology to be appropriate in the Native Title context it will need to accommodate the ‘special (even unique) features of...

Publication or resource - 13 Feb 2015

Expert witness or advocate? Emerging issues and future directions

The common law recognition of Native Title in the High Court’s Mabo decision in 1992 and the Commonwealth Native Title Act have transformed the...

Publication or resource - 13 Feb 2015

Recent developments in native title law and practice: Issues for the High Court

The common law recognition of Native Title in the High Court’s Mabo decision in 1992 and the Commonwealth Native Title Act has transformed...

Publication or resource - 13 Feb 2015

"Like something out of Kafka": The relationship between the roles of the National Native Title Tribunal and the Federal Court in the development of native title practice

Since the Native Title Act 1993 (Cth) amendments, the National Native Title Tribunal continues to perform its core functions, however Native...

Publication or resource - 13 Feb 2015

Registered Native Title Bodies Corporate - Prescribed Bodies Corporate Summary

This publication provides a summary of Registered Native Title Bodies Corporate (RNTBCs). If you require assistance accessing these documents...

Publication or resource - 11 Feb 2015

Western Australia v Ward on Behalf of Miriuwung Gajerrong, High Court of Australia, 8 August 2002: Summary of Judgement

On 8 August 2002, the High Court handed down its decision on Western Australia v Ward & Ors, relating to the Native Title claim by the...

Publication or resource - 11 Feb 2015

Beyond Yorta Yorta (Based on a paper prepared for the AIATSIS Native Title Conference Alice Springs ­June 2003)

In this paper John Basten focuses on the nature and extent of recognition of Native Title in Australia. Despite the title, it is not limited to a...

Publication or resource - 6 Feb 2015

The recognition level of the native title claim group: A legal and policy perspective

Under the amended Native Title Act 1993 (NTA), a Native Title determination application to land and/or waters may be made by a person or persons on...

Publication or resource - 6 Feb 2015

Authorisation and replacement of applicants: Bolton v WA [2004] FCA 760

During the mid-2000s, the South West Aboriginal Land and Sea Council worked with Noongar native title applicants to rationalise claims in...

Publication or resource - 6 Feb 2015

Whose benefits? Whose rights? Negotiating rights and interests amongst Indigenous native title parties

Differing understandings of rights and interests pose a problem in the Native Title arena that should be addressed to improve native title...

Publication or resource - 6 Feb 2015

White picket fence or Trojan horse? The debate over communal ownership of Indigenous land and individual wealth creation

In 2005, a national debate about wealth creation on communally owned Indigenous land gathered a good deal of momentum. There had perhaps been...

Publication or resource - 6 Feb 2015

Jango: Payment of compensation for the extinguishment of Native Title

In Jango v Northern Territory of Australia the Federal Court was asked to determine the issue of compensation for the extinguishment of Native Title...

Publication or resource - 5 Feb 2015

Native title and governance: The emerging corporate sector prescribed for Native Title holders

Prescribed Bodies Corporates (PBCs) are a corporate body designed for the Native Titles sector. Native title holders are required under the...

Publication or resource - 5 Feb 2015

Ethnographic evidence, rights and interests, and Native Title claim research

Australia’s Native Titles system brings together a range of sectors and disciplines, including the legal and anthropological professions. While...

Publication or resource - 5 Feb 2015

Plus ca change, plus c’est la meme chose?: The 2007 amendments to the Native Title Act

The Claims Resolution Review was initiated by the Attorney-General to consider 'the dispute-resolution functions of the Court and the NNTT under the...

Publication or resource - 5 Feb 2015

Negotiation in good faith under the Native Title Act: A critical analysis

After briefly exploring the historical and ideological origins of the right to negotiate embodied in s31(1)(b) of the Native Title Act, this paper...

Publication or resource - 5 Feb 2015

Housing on Native Title lands: responses to the housing amendments of the Native Title Act

In 2009, the Federal Government proposed to amend the Native Title Act 1993 (Cth) to expedite the provision of public housing and infrastructure for...

Publication or resource - 5 Feb 2015

Holding title and managing land in Cape York: Two case studies

With a growing number of successful native title determinations under the Native Title Act 1993 (Cth) (NTA), attention is increasingly turning to the...

Publication or resource - 4 Feb 2015

Policy Change and the Indigenous Land Corporation

The Indigenous Land Corporation (ILC) was established in 1995 by the Keating Government as one element of its three-part response to the Mabo...

Publication or resource - 4 Feb 2015

Pages