Australian Native Title Law

Author : Stephen Lloyd
Publisher :
ISBN 13 : 9780455228846
Total Pages : 1242 pages
Book Rating : 4.41/5 ( download)

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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.

Author : Kingsley Palmer
Publisher : ANU Press
ISBN 13 : 1760461881
Total Pages : 297 pages
Book Rating : 4.81/5 ( download)

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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.

Author : Justin Carter
Publisher :
ISBN 13 : 9780455237541
Total Pages : pages
Book Rating : 4.49/5 ( download)

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Download or read book Native Title and Land Law written by Justin Carter and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Melissa Perry
Publisher : Sydney : Lawbook Company
ISBN 13 :
Total Pages : 1012 pages
Book Rating : 4.90/5 ( download)

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Download or read book Australian Native Title Law written by Melissa Perry and published by Sydney : Lawbook Company. This book was released on 2003 with total page 1012 pages. Available in PDF, EPUB and Kindle. Book excerpt: This quality text will undoubtedly prove to be a valuable addition to the library of any practitioner dealing with land transactions, or anyone working in the Native Title field. It covers both the annotated Native Title Act 1993 (post 1998 amendments) and an analysis of the common law principles applicable to Native Title.

Author : Katie Glaskin
Publisher : Apollo Books
ISBN 13 : 9781742589442
Total Pages : 308 pages
Book Rating : 4.48/5 ( download)

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Download or read book Crosscurrents written by Katie Glaskin and published by Apollo Books. This book was released on 2017 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law's metaphysics -- When whiteman came in -- Mission days -- A land and sea claim -- The ethnographic archive -- In the court -- Legal submissions and crosscurrents -- How judgments are made -- Society and sea on appeal -- Recognitions's paradox

Author : Richard H. Bartlett
Publisher : Butterworth-Heinemann
ISBN 13 :
Total Pages : 644 pages
Book Rating : 4.00/5 ( download)

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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:

Author : Elizabeth Jane Macpherson
Publisher : Cambridge University Press
ISBN 13 : 1108473067
Total Pages : 313 pages
Book Rating : 4.64/5 ( download)

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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.

Author :
Publisher : Aust. Bureau of Statistics
ISBN 13 :
Total Pages : 740 pages
Book Rating : 4./5 ( download)

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Download or read book Year Book Australia 1995 written by and published by Aust. Bureau of Statistics. This book was released on 1994 with total page 740 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Richard H. Bartlett
Publisher : Centre for Commercial and Resources Law
ISBN 13 : 9780864223531
Total Pages : 317 pages
Book Rating : 4.36/5 ( download)

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Download or read book Native Title Legislation in Australia written by Richard H. Bartlett and published by Centre for Commercial and Resources Law. This book was released on 1994-01-01 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers on the conflict between Commonwealth and State native title legislation and on the validity of the state acts especially the Western Australian Land (Title and Traditional Usage) Act; discusses the implications of the various acts for Aboriginal people and industry; regional agreements seen as future solution; papers entered separately.

Author : Ulla Secher
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253769
Total Pages : 542 pages
Book Rating : 4.61/5 ( download)

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Download or read book Aboriginal Customary Law: A Source of Common Law Title to Land written by Ulla Secher and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).