Theyll give your presentations a professional, memorable appearance the kind of sophisticated look that. Mabos victory signalled the end of the fiction of terra nullius and recognition in law of the first peoples as the traditional owners of this land. Worlds best powerpoint templates crystalgraphics offers more powerpoint templates than anyone else in the world, with over 4 million to choose from. Recognition of native title may give indigenous people the right to hold ceremony, gather bush tucker or have a say on what development can happen on the land. Native title claimant applications by registration status.
Property rights the united states impoverished tribes cannot buy or sell reservation land. Land rights and native title in nsw january 2017 rights a successful determination of a land claim generally delivers freehold title to land which includes rights to certain minerals in the freehold land. Native title recognises the traditional rights and interests to land and waters of aboriginal and torres strait islander people. A column in tracker magazine written by chris munro commented that a german backpacker would know the difference between land rights and native title, whereas most australian lawyers wouldnt have a clue what you were talking about. This creates a potential area of conflict between native title claimants and aboriginal land councils. The source of native title rights and interests is the traditional laws and customs of the native title holders. Indigenous peoples may also have certain rights on crown land in many jurisdictions. As of 30 june 2014, the ilc has purchased 250 properties within australia with a total land area of over 6. The new zealand parliament responded with the maori lands act 1862 and the native rights act 1865 which established the native land court today the maori land court to hear aboriginal title claims, andif provenconvert them into freehold interests that could be sold to pakeha new zealanders of european descent. Prelude to mabo and native title it is important to remember the historicalpolitical context in which native title replaced land rights as the focal point in aboriginal issues in this country. A free powerpoint ppt presentation displayed as a flash slide show on id. It traces the reception of english land law to australia, and the way in which this dispossessed aboriginal. Land rights and native title ppt video online download slideplayer.
Apr 23, 2019 land use agreements generally involve sacrifice of native title rights and heritage values supposedly in return for certain benefits, says greens senator rachel siewert, however, where aboriginal communities lack the capacity to negotiate these complex agreements or to ensure that they are enforced, they simply are not delivering. Our native title and cultural heritage services group operates nationally with practitioners based in our brisbane, darwin, perth, melbourne and sydney offices. The interaction between native title and land rights is a complex area, but with community cooperation there is scope for the two systems to work together to deliver the best of both. Members of the community and politicians celebrate the 20th anniversary of the mabo high court decision on 3 june 1992 which recognised that eddie koiki mabo and others held native title to land on murray island mer in the torres strait. Aboriginal title is the common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty. Many native title claims are for shared rights to the land with other people who also have an interest in the land. Under the native title act 1993, the aboriginal and torres strait islander social justice commissioner is required to. First national sorry day over 1 million signatures collected in sorry books. Land rights australian institute of aboriginal and. Native title determinations and claimant applications.
Map reproduced with the kind permission of the national native title tribunal. Changing federal policy could improve their fortunes. Generally, an ebook can be downloaded in five minutes or less. Sep 07, 2008 the howard government used the decision as an excuse to severely attack native title rights with its native title amendment bill, based on the socalled ten point plan for native title. Introduction almost every manmade product is composed of products of land resources. A natural resource may exist as a separate entity such as fresh water, and air, as well as a living organism such as a fish, or it may exist in an alternate form which must be processed to obtain the resource such as metal ores, oil, and most forms. Native title is a communal title, and any determination that native title exists should include all of the aboriginal people who have native title rights and interests in land. This means that the nature of native title rights and interests varies from community to community. In june 2012, australia celebrated 20 years since eddie koiki mabos historic victory in the high court.
Chief seattle, a nineteenthcentury native american leader, is often quoted as saying, all things are connected like the blood which unites one family. Introduction andnative title thedoctrineoftenure allofthelandultimatelybelongstothecrown,whogivesitviagrantstopeople. Following the high courts mabo decision in 1992 which recognised the existence of native title rights, land councils and other aboriginal organisations throughout australia lobbied the federal govt. Newsletters stay uptodate with our latest and past native title newsletters.
Role, function and reporting requirements of land trusts. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of. Information on the land transfer process and how to lodge an expression of interest for a land transfer. Ppt aboriginal powerpoint presentation free to download.
The nntt produces a series of national maps suitable for presentations which can be download as a single powerpoint file. In 1972, on australia day, the aboriginal tent embassy was set up on the lawns of parliament house canberra. Native title rights and interests, if recognised, must coexist with any interests other people have in the same land and water. Both pieces of legislation were debated by the legislative assembly in the. Land rights usually comprise of a grant of freehold or perpetual lease title to indigenous australians. Land and resourcerelated rights are of fundamental importance to indigenous peoples for a range of reasons, including. Aboriginal land rights in australia and native title in australia. Adapted from roy stone, powerpoint presentation, national native title. The perfect powerpoint to teach your students about land rights and native title in australia. The whole process of negotiating with aboriginal representatives and passage of.
We have a deep understanding of the requirements of project developers, the impact that native title, cultural heritage and aboriginal land rights have on projects and the mechanisms available for resolution of these. However, the high court imposed some limits on the recognition of aboriginal law in common law native title. Slm20361 exchange of state land for native title interests. The court held that native title rights could exist sidebyside with the rights of pastoralists on cattle and sheep stations. Those two concepts define the difference between land rights and native title. Act which stated any rights that torres strait islanders had to land after the claim. Adapted from roy stone, powerpoint presentation, national native title conference, perth. While these systems are both about recognising and providing for aboriginal peoples rights, the two systems operate under two different laws and differ in. Native title and land rights can sometimes exist in the same land. Native title and land rights both relate to aboriginal peoples rights in land, however they have different purposes and starting points. Land rights and native title in 1976 the fraser government passed laws to give aboriginals land rights.
Native title on crown land native title describes the rights and interests of aboriginal and torres strait islander people in land and waters, according to their traditional laws and customs. Included in this series are the following native title themed maps. Top five facts about australian aboriginal art aboriginal art or indigenous australian art is a part of one of oldest art forms of the world. This did not mean that aboriginals got their land the law did not include states only territories 3. Native title is a property right which reflects a relationship to land which is the very foundation of indigenous religion, culture and wellbeing. To date, the court has interpreted the requirement for a clear intention to extinguishnative title strictly. The clcs easy guide to native title central land council.
Native title is unique because there is a fundamental difference between native title and other land rights. The study of green grass is popular among agrostologists. Winner of the standing ovation award for best powerpoint templates from presentations magazine. The degree of private ownership reflected the scarcity of land and the difficulty or ease of defining and enforcing rights. It placed restrictions on the way native title land may be dealt with. A powerpoint for stage 5 history rights and freedoms exploring the legal struggle for indigenous land rights in australia. The emphasis given to the use of money for compensation under the nta s. Introduction to nativetitle in australian land law youtube. Just over ten years ago on 12 june 1991 the royal assent was given to the aboriginal land act 1991 and the torres strait islander land act 1991 of queensland. Ppt equality and civil rights powerpoint presentation. Property rights among native americans foundation for. The wik decision was significant not only because it recognised native title rights on pastoral leases, but also because these leases cover a vast area some. Whatever befalls the earth, befalls the sons of earth. There are fundamental differences between land rights and native title.
Jul 17, 20 all titles to land granted to aboriginal land councils since 1994 the passing of the native title act contain a notation that the land is subject to native title until a court determines otherwise. Exchange of state land for native title interests department of natural resources, mines and energy slm20361, version 6. An act to amend the native title act 1993, and for related purposes assented to 22 june 2017the parliament of australia enacts. Thats because it comes from the laws and customs of native title holders. The howard government used the decision as an excuse to severely attack native title rights with its native title amendment bill, based on the socalled ten point plan for native title. Native title this issue relates to question 3 of the list of issues to be taken up in connection with the consideration of the third periodic report of australia summary of issues native title is the legal recognition given to the traditional laws acknowledged by and the traditional customs observed by indigenous people. Citing the case, justice brennan in notes that the weight of the common lawauthority accepts the view that an. Common law native title is recognised by, but is not created by, the common law. Onlocation land management training, customized for your team. This difference was identified in the high courts mabo judgment, which found that native title is not granted by the crown, but has its source in a different legal system the laws and customs of indigenous peoples.
This recognition inserted the legal doctrine of native title into australian law. This freehold can be dealt with via sale, lease, etc and the owner of the freehold. This presentation covers how the fight for land in australia began, the start of the land rights movement and the mabo case. Indigenous land rights are the rights of indigenous peoples to land, either individually or collectively. The nondiscriminatory protection of native title is a recognised human right. It is important that lalcs and native title claimants work together to obtain the best of both schemes. Questions and issues in the valuation of native title ambiguity exists as to whether the loss of cultural benefits should be included when assessing compensation for loss or diminution of native title rights on the basis of s. Environment, land use and native title aboriginal and. Alyce boudreaux hoge is an attorney, certified division order analyst, certified professional lease and title analyst, and a distinguished member and instructor of the american association of professional landmen aapl. This is an overview of the way in which australian land law accommodates native title. Not an easy path to rights or recognition years after the united states with the decision of mabo v state of queensland no 2 before native title was to be recognised and applied in the laws of this country a summary of the key cases in respect of native title in australia is provided at appendix 1. The museum has unveiled a plaque commemorating the mabo decision.
The emerging corporate sector prescribed for native title holders 2007 lrightslaws 3. Feb 12, 2017 this is an overview of the way in which australian land law accommodates native title. Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The native title act 1993 also established the aboriginal and torres strait islander land fund and the indigenous land corporation ilc to assist indigenous people in buying and maintaining land. Native title amendment indigenous land use agreements. Presentations australian institute of aboriginal and. Country, native title and ecology edited by jessica k weir. While you may be asked to write on a series of potential topics, there are similarities in all of the possible subjects. Land rights are rights created by the australian, state or territory governments.
The australian high court has rejected the proposition that recognitionof native title requires any affirmative action of the crown. Under the native title act 1993 nta, native title claimants can make an application to the federal court to have their native title recognised by australian law. Indigenous peoples land and resource rights, and the intersections. Australian rights and freedoms land rights powerpoint by. Payment of compensation for the extinguishment of native title 2007 lrightslaws 2. As a common law right, native title may exist over areas of crown land or waters, irrespective of whether there are any native title. This article set out some of the basic concepts for the lawyers.
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