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Native Title in Australia e4

Native Title in Australia e4

By Richard Bartlett

Native Title in Australia, 4th edition covers the nature of the concept, its proof, content and extinguishment, explains the validation of past grants and acts and the limited degree of protection from future acts, examines compensation for native title, and discusses the application of native title principles to resource development and traditional pursuits.

Human Rights Native Title 

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  • Full description

    Native Title in Australia, 4th edition is a comprehensive and authoritative work that 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, its proof, content and extinguishment, explains the validation of past grants and acts and the limited degree of protection from future acts, examines compensation for native title, and discusses 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 fourth edition of this highly regarded work includes discussion on:

    the consistent recognition of exclusive possession, use and enjoyment

    the impact of the compensation case, Griffiths (HCA — 2019)

    the increasing use of consent determinations and the Noongar Native Title Settlement

    the implications of BHP (FFC — 2018) undermining the Native Title Act future act process

    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 indigenous 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

    Thoroughly updated to include developments in legislation and case law

    Critically examines native title principles as applied in the contemporary environment

    Engages readers to explore how native title principles are applied in practice

    Positions readers to examine contemporary issues in the current legal and social context

  • About the author
  • Product details

    ISBN: 9780409350920

    Published: 2019

    Format: Softcover

  • Table of contents

    Part 1 Background

    Chapter 1 Legal History
    Chapter 2 Protection and Recognition of Native Title: Mabo
    Chapter 3 Political and Legislative Responses to Mabo
    Chapter 4 Pastoral Leases and Equality: Wik
    Chapter 5 The Ten Point Plan: Workability and the Denial of Equality
    Chapter 6 Retreating from Mabo and Wik — Frozen Rights and Judicial Denial of Equality: Ward
    Chapter 7 An Onerous Burden of Proof: Yorta Yorta
    Chapter 8 Nigh Impossible to Prove Native Title in Urban Areas: Bennell
    Chapter 9 Returning to the First Principles of Mabo and Wik in Akiba and Brown
    Chapter 10 Efficiency, Not Equality, the Focus of Legislative Change
    Chapter 11 Constitutional Framework of Native Title

    Part 2 Nature of Native Title

    Chapter 12 Concept of Native Title
    Chapter 13 Proof
    Chapter 14 Making a Claim Under the Native Title Act 1993 (Cth)
    Chapter 15 Content of Native Title
    Chapter 16 Transferability and Alienability
    Chapter 17 Proprietary Nature of Native Title

    Part 3 Extinguishment and Validation

    Chapter 18 Jurisdiction to Extinguish and Constitutional Protection
    Chapter 19 Extinguishment and Impairment at Common Law: 1788–1975
    Chapter 20 Confirming or Deemed Extinguishment: 1788–1996
    Chapter 21 Extinguishment and Suspension: 1975–1996
    Chapter 22 Disregarding Historic Extinguishment

    Part 4 Future Dealings

    Chapter 23 Future Act Process

    Part 5 Right to Negotiate, Agreements and Settlements, and Compensation

    Chapter 24 Development of a Framework of Negotiation, Agreements and Settlements
    Chapter 25 Right to Negotiate
    Chapter 26 Indigenous Land Use Agreements
    Chapter 27 Consent Determinations
    Chapter 28 Compensation

    Part 6 Fiduciary Obligations

    Chapter 29 Fiduciary Obligation as to Native Title

    Part 7 Resource Developments and Traditional Pursuits

    Chapter 30 Minerals and Petroleum
    Chapter 31 Water
    Chapter 32 Hunting, Fishing and Gathering Rights

    Part 8 Institutions and Jurisdiction

    Chapter 33 National Native Title Tribunal and the Federal Court
    Chapter 34 Representative Bodies
    Chapter 35 State and Territory Jurisdiction

    Part 9 Reflections on Native Title

    Chapter 36 Twenty Years to a Limited Acceptance

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