Found inside – Page 3In addition, the High Court held, by majority, that grants of land by the government, which extinguished native title, did not give rise to a claim for ... "Improving Indigenous people’s access to land has been an element of successive Australian Governments’ approaches to reducing Indigenous disadvantage. Found inside – Page 117common law estate has been granted by the Crown, Brennan J noted that native title would only be extinguished to the extent of the inconsistency: A Crown ... Found insideAs Richard Bartlett succinctly puts it: 'Brennan J's judgment assumes that native title may be extinguished at common law without the consent of the ... Found inside – Page 2099Thus native title has been extinguished by grants of estates of freehold or ofleases but not necessarily by the grant oflesser interests (eg authorities to ... "Describes some of the implications of the High Court's decision on native title, also known as the Mabo decision"--Foreword. Examines ways native title might be extinguished surrender, abandonment, death, divestiture - and gives examples of inconsistent grants in Western Australia such as Aboriginal heritage legislation, pastoral leases, special leases, ... Found inside – Page 664Extinguishment of Native Title There is no requirement to observe the NTA if native title has been extinguished because, obviously, an act cannot affect ... Discusses the decision in this case in which the validity of the Western Australian native title legislation was considered; the Court found that native title had not been extinguished in Western Australia when the British Crown acquired ... Found insideThis is a book about the practical aspects of anthropology that are relevant to the exercise of the discipline within the native title context. The paper reviews the development of the concept of native title and its application up to the passing of the Native Title Act Amendments 1997. Found inside – Page 46All of the judges , except Dawson J . , agreed that there was a concept of native title at common law ; that the source of ... the traditional connection or occupation ; and that native title could be extinguished by the valid exercise of governmental ... Found inside – Page 33854 / The final test for aboriginal title is that the use and occupancy must have continued for a long time before being extinguished . Found inside – Page 137... preamble to the Native Title Act 1993 and the Native Title ( South Australia ) Act 1994 assumed that native title was extinguished by pastoral leases . Found inside – Page 21Native title is extinguished to the extent that the rights of the lessee are necessarily inconsistent with native title rights . Although the tests for inconsistency are formulated in different ways , there is clear indication in each of the judgments that ... Found inside – Page 36As territorial sovereign and by virtue of its radical title the Crown had and continues to have the power to extinguish the common law native title . The Court , however , stressed that the preservation of native title is a strong presumption of the ... This volume on the history of native title in Western Australia includes Aboriginal perspectives on native title, alongside those of oral historians, historians, lawyers and practitioners in the field. Found inside – Page 155The native title future act regime also presents a way in which Indigenous ... have not been extinguished by the valid grant of an inconsistent interest. 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. Found inside – Page 11One of the judges , Justice Brennan , for example , suggested that native title may not be extinguished by the granting of State and Territory governments of authorities to prospect for minerals . It is also not clear who owns the subsurface ... Papers giving an overview of native title particularly in Western Australia; Indigenous perspectives; communication issues for negotiation and evidence; industry perspectives; government perspectives; six sessions are entered separately ... 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. This updated edition concludes with an additional chapter covering the Native Title Act 1993 (Cth), and outline of the Coalition Government's 1996 election promise on native title, and its paper of May 1996 titled 'Towards a more flexible ... Found insideA detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts. Found inside... of leasehold titles would extinguish native title as leasehold titles do ... Native Title Act 1993 stated 'that native title is extinguished by valid ... Found inside – Page 185The joint judgment of the majority stated the proposition in clear terms: Native title is extinguished by a grant in fee simple. And it is extinguished ... Found insideUsing native title to promote Indigenous peoples' social and economic ... Until native title is extinguished by a further act (for example a grant of ... This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries. The main theme of this volume is a discussion of the ways in which legal mechanisms, such as the Land Groups Incorporation Act (1974) in PNG, and the Native Title Act (1993) in Australia, do not, as they purport, serve merely to identify ... 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. This essay concentrates on two countries: Australia and Canada, and compares their law in relation to extinguishment of aboriginal rights and interests. First, it examines how these two countries approach the subject. Found inside – Page 75Native title could only be extinguished if the Crown granted title in land to some - one else and that grant was inconsistent ... Native title has therefore been extinguished by grants of estate of freehold ( e . g . grants of estates in fee simple ) ; by ... Papers discussing issues of Indigenous rights; native title legislation; implications of Mabo Case; international comparisons; five papers by Dr John Gardiner-Garden and Anne Twomey entered separately. In this book, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of indigenous peoples to overcome colonized status. --book jacket. 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 ... Found inside – Page 98Hence, Native title could be extinguished by a Crown grant to a third party, which is inconsistent with the continued enjoyment of Native title. "The papers in this collection reflect on the various social effects of native title. Found inside – Page 37Native Title Cases Since Mabo Lisa Strelein ... The first issue was whether a grant of freehold extinguished native title so that no form of native title ... It is particularly important for Commonwealth officials who administer legislation which might affect native title or who make decisions which might affect native title to be aware of the decision and to ensure that they have regard to it. 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 ... Found inside(3) Freehold — native title extinguished Native title is extinguished by a freehold grant of land (an unqualified grant in fee simple: ¶3-155), ... Found inside – Page 33854 / The final test for aboriginal title is that the use and occupancy must have continued for a long time before being extinguished . Found inside – Page 119There has been no clear and plain intention of the government , federal or state , to extinguish that title . According to Mabo , Native title is : • held ... Found inside – Page 113extinguished native title but only the exercise of that right to exclude the holders of native title. These basic points were supplemented by two subsidiary ... Found insideNative title may be extinguished in theory by voluntary surrender or sale of the land to the Crown. The more likely scenario is that the Crown may ... Found inside... with the extinguishing of the native title of Indian bands in America. ... purpose—at least for a time—and native title will not be extinguished. Found inside – Page 374Judges' views also varied as to whether or not native title was extinguished by grants of leasehold (anon. 1992, Appendix, para. 12). Of the judges, except Dawson J countries: Australia and Canada, and their... 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