Australian Native Title Law

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Publisher :
ISBN 13 : 9780455228846
Total Pages : 1242 pages
Book Rating : 4.2/5 (288 download)

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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.

Australian Native Title Anthropology

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Publisher : ANU Press
ISBN 13 : 1760461881
Total Pages : 297 pages
Book Rating : 4.7/5 (64 download)

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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.

Empire and the Making of Native Title

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Publisher : Cambridge University Press
ISBN 13 : 1108478298
Total Pages : 457 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Empire and the Making of Native Title by : Bain Attwood

Download or read book Empire and the Making of Native Title written by Bain Attwood and published by Cambridge University Press. This book was released on 2020-07-16 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a strikingly original explanation of the Britain's treatment of sovereignty and native title in its Australasian colonies.

The Native Title Market

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Publisher : ISBS
ISBN 13 : 9781921401169
Total Pages : 116 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis The Native Title Market by : David Laurence Ritter

Download or read book The Native Title Market written by David Laurence Ritter and published by ISBS. This book was released on 2009 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Native Title Market describes and critically analyzes the world of native title agreements between Aboriginal groups and developers that have emerged since Australia's Native Title Act was passed in 1994. The book challenges the popular and convenient myths that have emerged about native title agreement making. The special importance of The Native Title Market is that it is the only book to challenge the orthodoxy that is accepted by many commentators, journalists, government institutions, resource developers, and academics. The book is also the first to be written about native title negotiations, by a genuine insider - someone who participated as an adviser on some of the largest native title deals in Australia and worked within the system for more than a decade. The Native Title Market is contentious and assured in its strong claims about an important social, political, and legal question in contemporary Australia.

Native Title in Australia

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Publisher : Cambridge University Press
ISBN 13 : 1139449494
Total Pages : 307 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Native Title in Australia by : Peter Sutton

Download or read book Native Title in Australia written by Peter Sutton and published by Cambridge University Press. This book was released on 2004-01-19 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Native Title from Mabo to Akiba

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Publisher :
ISBN 13 : 9781862879980
Total Pages : 273 pages
Book Rating : 4.8/5 (799 download)

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Book Synopsis Native Title from Mabo to Akiba by : Sean Brennan

Download or read book Native Title from Mabo to Akiba written by Sean Brennan and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover image taken at Mangkuna (Corkbark) on Karajarri country in the Kimberley, Western Australia - November 2014. Photography by Edward Tran. © Copyright Kimberley Land Council.This edited collection brings together some of Australia's foremost experts in native title to provide a realistic assessment of the achievements, frustrations and possibilities of native title, two decades since the enactment of the Native Title Act 1993 (Cth), and after the most significant High Court decision on native title in more than ten years, Akiba v Commonwealth, which confirmed the existence of commercial native title fishing rights. The Indigenous and non-Indigenous authors come from a variety of disciplines and perspectives and include academics and practitioners from the fields of law, economics, anthropology, politics, history and community development. Uniting the book is a concern that native title make a real impact on the economic and social circumstances of Australia's Indigenous communities.The book consists of two parts.Part One is entitled Legal Dynamics in the Development of Native Title. It examines the way in which Australian law has defined and often constrained the scope of this newly-recognised property right. There is a particular focus on legal issues with a direct bearing on the economic potential of native title, such as alienability and the right to trade resources and the challenges posed for anti-discrimination law.Part Two is entitled Native Title as a Vehicle for Indigenous Empowerment. Authors provide an overview of the contribution made so far by native title and the prospects for future empowerment. Detailed mapping and analysis provides readers with a geographic orientation and a sense of realism about the economic potential of the native title estate, in comparison with achievements under a parallel statutory land rights regime. This part also explains some of the challenges Indigenous groups face in areas such as governance, land reform and internal politicking, as they operate in the shadow of the law, seeking to utilise native title for greater empowerment._______________________________________________________ Click here to view and listen to the Indigenous Empowerment panel discussion which includes video and audio webcasts, photos and a review essay.

The Social Effects of Native Title

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Publisher : ANU E Press
ISBN 13 : 1921313528
Total Pages : 238 pages
Book Rating : 4.9/5 (213 download)

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Book Synopsis The Social Effects of Native Title by : Benjamin Richard Smith

Download or read book The Social Effects of Native Title written by Benjamin Richard Smith and published by ANU E Press. This book was released on 2007-10-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Compensation for Native Title

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Publisher :
ISBN 13 : 9781760023645
Total Pages : pages
Book Rating : 4.0/5 (236 download)

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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:

Aboriginal Title and Indigenous Peoples

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Publisher : UBC Press
ISBN 13 : 0774859296
Total Pages : 280 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Aboriginal Title and Indigenous Peoples by : Louis A. Knafla

Download or read book Aboriginal Title and Indigenous Peoples written by Louis A. Knafla and published by UBC Press. This book was released on 2011-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Trouble with Tradition

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Publisher : Federation Press
ISBN 13 : 9781862876477
Total Pages : 534 pages
Book Rating : 4.8/5 (764 download)

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Book Synopsis The Trouble with Tradition by : Simon Young

Download or read book The Trouble with Tradition written by Simon Young and published by Federation Press. This book was released on 2008 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Language in Native Title

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ISBN 13 :
Total Pages : 338 pages
Book Rating : 4.X/5 (4 download)

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Book Synopsis Language in Native Title by : David Nash

Download or read book Language in Native Title written by David Nash and published by . This book was released on 2002 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Linguistic Organisation and Native Title

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Publisher : ANU Press
ISBN 13 : 1760464473
Total Pages : 506 pages
Book Rating : 4.7/5 (64 download)

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Book Synopsis Linguistic Organisation and Native Title by : Peter Sutton

Download or read book Linguistic Organisation and Native Title written by Peter Sutton and published by ANU Press. This book was released on 2021-09-09 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classical Aboriginal societies in Australia have commonly been described in terms of social organisation and local organisation. This book presents rich detail on a third and related domain that has not been given the same kind of attention: linguistic organisation. Basing their analyses on fieldwork among the Wik peoples of Cape York Peninsula, north Australia, Peter Sutton and Ken Hale show how cosmology, linguistic variation, language prehistory, clan totemic identities, geopolitics, land use and land ownership created a vibrant linguistic organisation in a classical Aboriginal society. This has been a society long in love with language and languages. Its people have richly imbued the domain of rights and interests in country—the foundations of their native title as recognised in Australian law—with rights and interests in the abundance of languages and dialects given to them at the start of the world.

Native Title in Australia

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Publisher : Butterworth-Heinemann
ISBN 13 :
Total Pages : 644 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Native Title in Australia by : Richard H. Bartlett

Download or read book Native Title in Australia written by Richard H. Bartlett and published by Butterworth-Heinemann. This book was released on 2000 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt:

'Against Native Title'

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Publisher :
ISBN 13 : 9781925302080
Total Pages : 243 pages
Book Rating : 4.3/5 (2 download)

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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.

Indigenous Water Rights in Law and Regulation

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Publisher : Cambridge University Press
ISBN 13 : 1108473067
Total Pages : 313 pages
Book Rating : 4.1/5 (84 download)

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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.

Country, Native Title and Ecology

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Publisher : ANU E Press
ISBN 13 : 1921862564
Total Pages : 188 pages
Book Rating : 4.9/5 (218 download)

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Book Synopsis Country, Native Title and Ecology by : Jessica K. Weir

Download or read book Country, Native Title and Ecology written by Jessica K. Weir and published by ANU E Press. This book was released on 2012-03-01 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Country, native title and ecology all converge in this volume to describe the dynamic intercultural context of land and water management on Indigenous lands. Indigenous people’s relationships with country are discussed from various speaking positions, including identity and knowledge, the homelands debate, water planning, climate change and market environmentalism. The inter-disciplinary chapters range from an ethnographic description of living waters in the Great Sandy Desert, negotiating the eradication of yellow crazy ants in Arnhem Land, and legal analysis of native title rights in emerging carbon markets. A recurrent theme is the contentions over meaning, knowledge, and authority. “Because this volume is scholarly, original and very timely it represents a key resource and reference work for land and sea managers; policy makers; scholars of the interface between post-native title responsibilities, NRM objectives and appropriate heritage protocols; and students based in the social sciences, natural sciences and humanities. It is rare for volumes to have this much cross-academy purchase and for this reason alone – it will have ongoing worth and value as a seminal collection.” – Associate Professor Peter Veth, ANU College of Arts and Social Sciences, The Australian National University. Dr Jessica Weir has published widely on water, native title and governance, and is the author of Murray River Country: An Ecological Dialogue with Traditional Owners (Aboriginal Studies Press, 2009). Jessica’s work was recently included in Stephen Pincock’s Best Australian Science Writing 2011. In 2011 Jessica established the AIATSIS Centre for Land and Water Research, in the Indigenous Country and Governance Research Program at the Australian Institute of Aboriginal and Torres Strait Islander Studies. For more information on Aboriginal History Inc. please visit aboriginalhistory.org.au.

Customary marine tenure in Australia

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Publisher : Sydney University Press
ISBN 13 : 1743323891
Total Pages : 418 pages
Book Rating : 4.7/5 (433 download)

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Book Synopsis Customary marine tenure in Australia by : Nicolas Peterson

Download or read book Customary marine tenure in Australia written by Nicolas Peterson and published by Sydney University Press. This book was released on 2014-02-19 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most Australians are familiar with the concept of land ownership and understand the meaning of native title, which recognises Indigenous peoples' rights to land to which they are spiritually or culturally connected. The ownership of areas of sea and its resources is often overlooked however, despite Aboriginal and Torres Strait Islander connections with the sea being just as important as those with the land. The papers in this volume demonstrate how the concept of customary marine tenure has developed in various communities and look at some of its implications. Originating in a session of papers at a conference in 1996, the papers in this volume were originally published as Oceania Monograph 48 in 1998.