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Native Title Act 1993 Australia 2018 Edition
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Book Synopsis Australian Native Title Law by : Stephen Lloyd
Download or read book Australian Native Title Law written by Stephen Lloyd and published by . This book was released on 2018-03-14 with total page 1242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Australian Native Title Anthropology by : Kingsley Palmer
Download or read book Australian Native Title Anthropology written by Kingsley Palmer and published by ANU Press. This book was released on 2018-05-03 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Indigenous Water Rights in Law and Regulation by : Elizabeth Jane Macpherson
Download or read book Indigenous Water Rights in Law and Regulation written by Elizabeth Jane Macpherson and published by Cambridge University Press. This book was released on 2019-08-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
Download or read book Aboriginal Title written by P. G. McHugh and published by OUP Oxford. This book was released on 2011-08-18 with total page 1529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.
Book Synopsis 'Against Native Title' by : Eve Vincent
Download or read book 'Against Native Title' written by Eve Vincent and published by . This book was released on 2017 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on author's thesis (doctoral - University of Sydney, Department of Anthropology, 2013) issued under title: Forces of destruction, acts of creation: aboriginality, identity and native title, on the far west coast of South Australia.
Book Synopsis Aboriginal Peoples, Colonialism and International Law by : Irene Watson
Download or read book Aboriginal Peoples, Colonialism and International Law written by Irene Watson and published by Routledge. This book was released on 2014-10-17 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people’s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation – thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western law. From the perspective of Aboriginal law, colonisation was a violation of the code of political and social conduct embodied in Raw Law. Its effects were damaging. It forced Aboriginal peoples to violate their own principles of natural responsibility to self, community, country and future existence. But this book is not simply a work of mourning. Most profoundly, it is a celebration of the resilience of Aboriginal ways, and a call for these to be recognised as central in discussions of colonial and postcolonial legality. Written by an experienced legal practitioner, scholar and political activist, AboriginalPeoples, Colonialism and International Law: Raw Law will be of interest to students and researchers of Indigenous Peoples Rights, International Law and Critical Legal Theory.
Author :The Law The Law Library Publisher :Createspace Independent Publishing Platform ISBN 13 :9781720610014 Total Pages :264 pages Book Rating :4.6/5 (1 download)
Book Synopsis Native Title Act 1993 (Australia) (2018 Edition) by : The Law The Law Library
Download or read book Native Title Act 1993 (Australia) (2018 Edition) written by The Law The Law Library and published by Createspace Independent Publishing Platform. This book was released on 2018-05-31 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Native Title Act 1993 (Australia) (2018 Edition) The Law Library presents the complete text of the Native Title Act 1993 (Australia) (2018 Edition). Updated as of May 15, 2018 This book contains: - The complete text of the Native Title Act 1993 (Australia) (2018 Edition) - A table of contents with the page number of each section
Book Synopsis Compensation for Native Title by : William Isdale
Download or read book Compensation for Native Title written by William Isdale and published by . This book was released on 2022-04-21 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Authorisation and Decision-making in Native Title by : Nick Duff
Download or read book Authorisation and Decision-making in Native Title written by Nick Duff and published by AIATSIS Research Publications. This book was released on 2017-02-07 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Native title involves an interface between the Australian legal system and Indigenous legal, cultural and political systems. The assertion and management of native title rights involves collective action by sometimes large and disparate groups of Indigenous people. Contentious politics makes such collective action difficult and the courts will often be asked to decide whether group decisions have been validly made. In the last two decades a vast and complex body of law and practice has developed to address this challenge. Authorisation law is a set of principles about how the views and intentions of native title claimants or holders are translated into legally effective decisions. This book sets out the legal rules and their application in various situations: native title claims, native title agreement-making, decision-making by native title corporations, and compensation applications. It also addresses key practical, ethical and political dimensions of native title decision-making. This book will be useful for native title practitioners including lawyers, judges and native title holders. It will also be relevant to academic research into the ethical, political and anthropological dimensions of Indigenous governance.
Book Synopsis The Commonwealth's Indigenous Land Tenure Reform Agenda by : Edward George Wensing
Download or read book The Commonwealth's Indigenous Land Tenure Reform Agenda written by Edward George Wensing and published by . This book was released on 2016 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Congressional Record by : United States. Congress
Download or read book Congressional Record written by United States. Congress and published by . This book was released on 1968 with total page 1324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Overturning Aqua Nullius by : Virginia Marshall
Download or read book Overturning Aqua Nullius written by Virginia Marshall and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Indigenous Rights and Water Resource Management by : Katie O'Bryan
Download or read book Indigenous Rights and Water Resource Management written by Katie O'Bryan and published by Routledge. This book was released on 2018-10-26 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era of climate change, the need to manage our water resources effectively for future generations has become an increasingly significant challenge. Indigenous management practices have been successfully used to manage inland water systems around the world for thousands of years, and Indigenous people have been calling for a greater role in the management of water resources. As First Peoples and as holders of important knowledge of sustainable water management practices, they regard themselves as custodians and rights holders, deserving of a meaningful role in decision-making. This book argues that a key (albeit not the only) means of ensuring appropriate participation in decision-making about water management is for such participation to be legislatively mandated. To this end, the book draws on case studies in Australia and New Zealand in order to elaborate the legislative tools necessary to ensure Indigenous participation, consultation and representation in the water management landscape.
Book Synopsis A First Nations Voice in the Australian Constitution by : Shireen Morris
Download or read book A First Nations Voice in the Australian Constitution written by Shireen Morris and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the legal and political case for Indigenous constitutional recognition through a constitutionally guaranteed First Nations voice, as advocated by the historic Uluru Statement from the Heart. It argues that a constitutional amendment to empower Indigenous peoples with a fairer say in laws and policies made about them and their rights, is both constitutionally congruent and politically achievable. A First Nations voice is deeply in keeping with the culture, design and philosophy of Australia's federal Constitution, as well as the long history of Indigenous advocacy for greater empowerment and self-determination in their affairs. Morris explores the historical, political, theoretical and international contexts underpinning the contemporary debate, before delving into the constitutional detail to craft a compelling case for change.
Book Synopsis Australian Property Law by : Michael Nancarrow
Download or read book Australian Property Law written by Michael Nancarrow and published by Cambridge University Press. This book was released on 2022-09-30 with total page 1588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australian Property Law: Principles to Practice is an engaging introduction to property law in Australia. Covering substantive law and procedural matters, this textbook presents the law of personal and real property in a contemporary light. Australian Property Law details how property law practice is transformed by technology and provides insights into contemporary challenges and risks. Taking a thematic approach, the text covers possession of goods and land, land tenure, estates and future interests, property registration systems, Indigenous land rights and native title, social housing, Crown land and ethics. Complex concepts are contextualised by linking case law and legislation to practical applications. Each chapter is supported by digital tools including case and legislation boxes with links to the full source online, links to useful online resources, multiple-choice questions, review questions and longer narrative problems. Australian Property Law provides an essential introduction to the principles and practice of property law in an ever-changing technological environment.
Book Synopsis Transcontinental Dialogues by : R. Aída Hernández Castillo
Download or read book Transcontinental Dialogues written by R. Aída Hernández Castillo and published by University of Arizona Press. This book was released on 2019-04-09 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transcontinental Dialogues brings together Indigenous and non-Indigenous anthropologists from Mexico, Canada, and Australia who work at the intersections of Indigenous rights, advocacy, and action research. These engaged anthropologists explore how obligations manifest in differently situated alliances, how they respond to such obligations, and the consequences for anthropological practice and action. This volume presents a set of pieces that do not take the usual political or geographic paradigms as their starting point; instead, the particular dialogues from the margins presented in this book arise from a rejection of the geographic hierarchization of knowledge in which the Global South continues to be the space for fieldwork while the Global North is the place for its systematization and theorization. Instead, contributors in Transcontinental Dialogues delve into the interactions between anthropologists and the people they work with in Canada, Australia, and Mexico. This framework allows the contributors to explore the often unintended but sometimes devastating impacts of government policies (such as land rights legislation or justice initiatives for women) on Indigenous people’s lives. Each chapter’s author reflects critically on their own work as activist-scholars. They offer examples of the efforts and challenges that anthropologists—Indigenous and non-Indigenous—confront when producing knowledge in alliances with Indigenous peoples. Mi’kmaq land rights, pan-Maya social movements, and Aboriginal title claims in rural and urban areas are just some of the cases that provide useful ground for reflection on and critique of challenges and opportunities for scholars, policy-makers, activists, allies, and community members. This volume is timely and innovative for using the disparate anthropological traditions of three regions to explore how the interactions between anthropologists and Indigenous peoples in supporting Indigenous activism have the potential to transform the production of knowledge within the historical colonial traditions of anthropology.
