Native Title In Australia
Native title is the Australian version of the common law doctrine of Aboriginal title.
Native title is "the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs". The concept recognises in certain cases there was and is a continued beneficial legal interest in land held by local Indigenous Australians which survived the acquisition of radical title to the land by The Crown at the time of sovereignty. Native title can co-exist with non-Indigenous proprietary rights and in some cases different Indigenous groups can exercise their native title over the same land.
The foundational case off for native title in Australia is Mabo v Queensland (No 2) (1992). The recognition of the legal concept of native title in Mabo led to its recognition by the legislative system a year later when the Keating government enacted the Native Title Act 1993. It attempted to clarify the legal position of landholders and the processes that must be followed for native title to be claimed, protected and recognised through the courts.
The Federal Court of Australia mediates claims made by Aboriginal and Torres Strait Islander peoples and makes native title determinations. Appeals against these determinations can be made to a full sitting of the Federal Court and then to the High Court of Australia. The National Native Title Tribunal (NNTT), established under the Native Title Act 1993, is a body that applies the registration test to all new native title claimant applications and undertakes future act mediation and arbitral functions.
Read more about Native Title In Australia: Native Title Determinations, Native Title Rights and Interests, Native Title Mediation
Famous quotes containing the words native, title and/or australia:
“Hope and the future for me are not in lawns and cultivated fields, not in towns and cities, but in the impervious and quaking swamps.... I derive more of my subsistence from the swamps which surround my native town than from the cultivated gardens in the village.”
—Henry David Thoreau (1817–1862)
“If any ambitious man have a fancy to revolutionize, at one effort, the universal world of human thought, human opinion, and human sentiment, the opportunity is his own—the road to immortal renown lies straight, open, and unencumbered before him. All that he has to do is to write and publish a very little book. Its title should be simple—a few plain words—”My Heart Laid Bare.” But—this little book must be true to its title.”
—Edgar Allan Poe (1809–1845)
“I like Australia less and less. The hateful newness, the democratic conceit, every man a little pope of perfection.”
—D.H. (David Herbert)