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Native Title In Australia
Native title is the designation given to the common law doctrine of Aboriginal title in Australia, which is the recognition by Australian law that Indigenous Australians (both Aboriginal Australian and Torres Strait Islander people) have rights and interests to their land that derive from their traditional laws and customs. The concept recognises that in certain cases there was and is a continued beneficial legal interest in land held by Indigenous peoples 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-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title over the same land. The foundational case for native title in Australia was '' Mabo v Queensland (No 2)'' (1992). One year after the recognition of the legal concept of native title in ''Mabo'', the Keating Government formalised the recognition by legislation with the enactment by th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 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 extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively. Aboriginal title is also referred to as indigenous title, native title ( in Australia), original Indian title ( in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary internation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Native Title Tribunal
The National Native Title Tribunal (NNTT) is an independent body established under the '' Native Title Act 1993'' in Australia as a special measure for the advancement and protection of Aboriginal and Torres Strait Islander peoples (Indigenous Australians). It manages applications for and administration of native title in Australia. Description The National Native Title Tribunal comprises a President and Members appointed by the Governor-General of Australia under the Act to make decisions, conduct inquiries, reviews and mediations, and assist various parties with native title applications in Australia, and Indigenous land use agreements (ILUAs). Text was copied from this source, which is available under Attribution 4.0 International (CC BY 4.0)licence (as pethis page. The NNTT is supported by the Native Title Registrar, also appointed by the Governor-General. The statutory office-holders of the Tribunal each have separate and specific functions and responsibilities to perfo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exclusive Possession
In law, possession is the control a person intentionally exercises toward a thing. Like ownership, the possession of anything is commonly regulated by country under property law. In all cases, to possess something, a person must have an intention to possess it. A person may be in possession of some property (although possession does not always imply ownership). Intention to possess An intention to possess (sometimes called ''animus possidendi'') is the other component of possession. All that is required is an intention to possess something for the time being. In common law countries, the intention to possess a thing is a fact. Normally, it is proved by the acts of control and surrounding circumstances. It is possible to intend to possess something without knowing that it exists. For example, if you intend to possess a suitcase, then you intend to possess its contents, even though you do not know what it contains. It is important to distinguish between the intention sufficien ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aboriginal Land Council
Land councils, also known as Aboriginal land councils, or land and sea councils, are Australian community organisations, generally organised by region, that are commonly formed to represent the Indigenous Australians (both Aboriginal Australians and Torres Strait Islander people) who occupied their particular region before the arrival of European settlers. They have historically advocated for recognition of traditional land rights, and also for the rights of Indigenous people in other areas such as equal wages and adequate housing. Land councils are self-supporting, and not funded by state or federal taxes. The first land councils were created in the Northern Territory under the ''Aboriginal Land Rights Act 1976'', with the states later creating their own legislation and system of land councils. Aboriginal land trusts (ALTs) were also set up under the Act, which hold the freehold title to the land granted under the Act. There are 151 Aboriginal land trusts, holding nearly 50 per ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aboriginal Land Rights Act 1976
The ''Aboriginal Land Rights (Northern Territory) Act 1976'' (ALRA) is Australian federal government legislation that provides the basis upon which Aboriginal Australian people in the Northern Territory can claim rights to land based on traditional occupation. It was the first law by any Australian government that legally recognised the Aboriginal system of land ownership, and legislated the concept of inalienable freehold title, as such was a fundamental piece of social reform. Its long title is ''An Act providing for the granting of Traditional Aboriginal Land in the Northern Territory for the benefit of Aboriginals, and for other purposes''. The most significant amendments to the Act were effected by the passing of the ''Aboriginal Land Rights (Northern Territory) Amendment Bill 2006'', effective 1 July 2007. History The results of the 1967 Australian referendum meant that the Federal Government could make special laws relating to Aboriginal people which could override any ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Aboriginal Customary Law Indigenous Australian customary law refers to the legal systems and practices uniquely belonging to Indig |
