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Legal Information Access Centre (LIAC) - Hot Topics |
From terra nullius to Native Title
Sovereignty - Terra Nullius - Self-Determination - Native Title - Recognition and Protection of Native Title - Extinguishing Native Title - Compensation Fiduciary Duty - The Limitations of Native Title - Pastoral Leases.
Land Rights
Summarises land rights legislation in Australian states and territories.
Native Title in the Courts
Native Title - Bundle of Rights - Fundamental Relationship with Land - Extinguishing Native Title - Clear and Plain Intention - Inconsistency - Suppressing Native Title - Coexistence of Indigenous and Non-Indigenous Interests in Land - Regulating Native Title - Native Title to the Seas.
The Native Title Act and the 10-Point Plan
The Native Title Act 1993 (Cth) - Definition of Native Title - Past Acts - Future Acts - Compensation for Extinguishing Native Title - The 10-Point Plan - The Native Title (Amendment) Act 1998 - Intermediate Period Acts - Previous Exclusive Possession Acts - Future Acts - The National Native Title Tribunal The Registration Test - Mediation - The Right to Negotiate - Indigenous Land Use Agreements - State and Territory Alternative Provisions.
International Scrutiny of Native Title Legislation
Background - The 1999 CERD Decision - Article 2: Equality - Article 5: Effective Participation - The Government’s Response to CERD.
Timeline
Further Reading and Contacts
A select list of resources, organisations and web sites.
How to Find Native Title Legislation and Decisions
Tips for Keeping Up-to-date with Native Title Quick guides to finding information about native title.
This the twenty-seventh in the series Topics: burning legal issues in plain language
which highlights contemporary legal in NSW, published by the
Legal Information Access Centre (LIAC).
Hot Topic No. 27 Native Title Update has been compiled by the
Legal Information Access Centre (LIAC).
AUTHORS:/ Pat Lane and Susan Phillips, barristers, jointly authored ‘Land Rights’, ‘Native Title in the Courts’ and ‘The Native Title Act an the 10-Point The Native Title Unit, Office of the Aboriginal and Torres Strait Islander Social Justice Commissioner wrote the section ‘International Scrutiny of Native Title Legislation’ Trish Luker and Natasha Case each contributed to ‘From terra to Native Title’
EDITOR: Natasha Case
DESIGN: David Marchant, Bodoni Studio
PHOTOS: Kerry Trapnell, Ed Wensing Tumut and Adelong Times.
The publisher would like to thank Professor Garth Nettheim, Faculty of Law, University of NSW and the Perth office of the National Native Title Tribunal for reading and commenting on the material.
State Library of NSW
Cataloguing-in-publication data
Native Title Update: current debates the law/Legal Information Access Centre.
Hot topics, ISSN 1322-4301; no. 27
Land tenure–law and legislation –Australia
2. Native title.
3. Aborigines, Australia tenure.
4. Australia. Native Title Act
I. Legal Information Access Centre.
II. Natasha
(Series: Hot topics (Sydney, no.27) 346.940432