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Relevant bibliographies by topics / Australian native title

Academic literature on the topic 'Australian native title'

Author: Grafiati

Published: 4 June 2021

Last updated: 12 February 2022

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Journal articles on the topic "Australian native title"

1

Asche, Wendy, and David Trigger. "Native Title Research in Australian Anthropology." Anthropological Forum 21, no. 3 (October 19, 2011): 219–32. http://dx.doi.org/10.1080/00664677.2011.617674.

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Due, Clemence, and Damien W. Riggs. "Representing 'Australian Land'." International Journal of Critical Indigenous Studies 3, no. 1 (January 1, 2010): 26–36. http://dx.doi.org/10.5204/ijcis.v3i1.56.

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This article examines how Indigenous Australians' claims to their land are represented in the mainstream, non-Indigenous Australian media. In so doing, the article explores the common tropes available to non-Indigenous Australians in relation to Indigenous ownership of land, and in particular the native title system. It is argued that whilst initial land claims are discussed in detail within the media from a variety of perspectives, subsequent Indigenous land use agreements are most commonly reported upon in terms of business and economic concerns, with 'failed' agreements represented as impediments to 'development'. Thus, whilst the claims of Indigenous Australians to their land are sometimes reported positively by the media, this is only insofar as native title does not impede business development, which is frequently represented as the way in which land ultimately ought to be used. Thus non-Indigenous readers are left with an image of native title whereby initial land claims are considered not to be threatening, but only to the extent that subsequent use of the land still fits a white Australian image of 'development'.

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Geissler, Marie. "Contemporary Indigenous Australian Art and Native Title Land Claim." Arts 10, no. 2 (May 11, 2021): 32. http://dx.doi.org/10.3390/arts10020032.

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This paper investigates a select number of examples in which largely non-literate First Nation peoples of Australia, like some First Nations peoples around the world, when faced with a judicial challenge to present evidence in court to support their land title claim, have drawn on their cultural materials as supporting evidence. Specifically, the text highlights the effective agency of indigenous visual expression as a communication tool within the Australian legal system. Further, it evaluates this history within an indigenous Australian art context, instancing where of visual art, including drawings and paintings, has been successfully used to support the main evidence in native title land claims. The focus is on three case studies, each differentiated by its distinct medium, commonly used in indigenous contemporary art—namely, ink/watercolours on paper, (Case study 1—the Mabo drawings of 1992), acrylics on canvas (Case study 2—the Ngurrara 11 canvas 1997) and ochre on bark, (Case study 3—The Saltwater Bark Collection 1997 (onwards)). The differentiation in the stylistic character of these visual presentations is evaluated within the context of being either a non-indigenous tradition (e.g., represented as European-like diagrams or sketches to detail areas and boundaries of the claim sites in question) or by an indigenous expressive context (e.g., the evidence of the claim is presented using traditionally inspired indigenous symbols relating to the claimant’s lands. These latter images are adaptations of the secret sacred symbols used in ceremonies and painting, but expressed in a form that complies with traditional protocols protecting secret, sacred knowledge). The following text details how such visual presentations in the aforementioned cases were used and accepted as legitimate legal instruments, on which Australian courts based their legal determinations of the native land title.

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Kariyawasam, Kanchana. "Native Title Litigation In Australia: Does The Judiciary Deliver On The Principal Objectives Defined By Mabo?" Asia-Pacific Journal On Human Rights and The Law 14, no. 1-2 (July 1, 2013): 3–27. http://dx.doi.org/10.1163/15718158-14010298.

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This article considers the origin and development of native title law in Australia since the Mabo decision. It examines native title litigation in the decisions of the Federal and High Court in an attempt to determine whether such litigation has delivered on the principal objectives defined by Mabo, or has moved forward. The aim of the article is to establish whether Mabo is simply a correction of history intended to bring Australia into line with the developments adopted by other jurisdictions, or whether it is a true ‘judicial revolution’. Finally, the article makes a critical and comparative examination of native title in the United States, Canada and New Zealand, which reveals that the Australian approach to native title is far removed from the flexible approaches of those other jurisdictions.

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O’Kane, Michael. "Laws, Customs, and Practices in Australian Native Title." Collaborative Anthropologies 6, no. 1 (2013): 334–52. http://dx.doi.org/10.1353/cla.2013.0013.

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Sarre, Rick. "The Concept of Native Title to Land: An Australian Perspective." Humanity & Society 18, no. 1 (February 1994): 97–104. http://dx.doi.org/10.1177/016059769401800107.

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HORRIGAN, BRYAN. "AUSTRALIAN NATIVE TITLE LAW, POLICY, AND PRACTICE - A REPORT CARD." Economic Papers: A journal of applied economics and policy 22, no. 4 (December 2003): 16–27. http://dx.doi.org/10.1111/j.1759-3441.2003.tb01131.x.

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Vickery, E. J. "THE NEGOTIATED PRICE OF CERTAINTY—RECENT DEVELOPMENTS IN NATIVE TITLE AGREEMENTS AFFECTING THE PETROLEUM INDUSTRY." APPEA Journal 44, no. 1 (2004): 753. http://dx.doi.org/10.1071/aj03039.

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Development of Native Title agreements for Petroleum continues in parallel with the release of Court decisions on the law of Native Title. Negotiated agreements for three bidding rounds in the South Australian region of the Cooper Basin are now concluded, with exploration underway there and some new commercial production.These agreements were negotiated under the Commonwealth Native Title Act’s ‘Right to Negotiate’. Agreed resolutions are virtually demanded by the competing tensions within the legislative machinery. The need for conjunctivity of title from the exploration to the development stages is now understood and has become accepted by advocates for Native Title claimants. Recent court decisions would appear to ease the path for applications to the National Native Title Tribunal where negotiations fail to reach agreement, expanding the range of strategies open to Petroleum explorers seeking new title grants.Small negotiating teams facilitated progress. Despite a long first negotiation, subsequent negotiations have developed from that experience to form an efficient and cost-effective model which has now been replicated for more than 35 agreements conjunctive for all phases of activity. All those agreements address the key issues of title grants, both initially and consequently upon discoveries, Aboriginal heritage inspections and accommodation, including practical aides of indicative timelines and budgets for the latter, and compensation. Adaptation of these agreements is beginning in other parts of Australia. The temptation of Native Title advocates to test the envelope, however, must be expected with each new negotiation. Contrastingly, both the industry and state government agencies are seeking stabilisation of the terms of negotiated agreements to see how they will work in practice.This paper describes the key terms and temptations encountered so far in this evolving dynamic.

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Dick, Caroline. "Recognizing Aboriginal Title: The Mabo Case and Indigenous Resistance to English-Settler Colonialism." Canadian Journal of Political Science 40, no. 3 (September 2007): 769–72. http://dx.doi.org/10.1017/s0008423907070850.

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Recognizing Aboriginal Title: The Mabo Case and Indigenous Resistance to English-Settler Colonialism, Peter H. Russell, Toronto, Buffalo and London: University of Toronto Press, 2005, pp. xii, 470.Peter Russell's insightful book on Aboriginal land rights in Australia weaves together two tales, that of Indigenous crusader Eddie Koiki Mabo and the slow and arduous struggle of Torres Strait Islanders and mainland Aborigines to have their native land rights recognized by Australian governments in the hope of forging a new, post-colonial relationship. Along the way, Russell places these stories in the context of the push and pull of international events and movements that affected Australia's domestic politics and assesses the political progress of Indigenous peoples in Canada, the United States and New Zealand.

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Brooks, Robert, Sinclair Davidson, and Robert Faff. "Sudden changes in property rights: the case of Australian native title." Journal of Economic Behavior & Organization 52, no. 4 (December 2003): 427–42. http://dx.doi.org/10.1016/s0167-2681(03)00025-8.

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Dissertations / Theses on the topic "Australian native title"

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Herne, Stephen Charles. "A jurisprudence of difference : the denial of full respect in the Australian law of native title." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2008.0262.

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Moran, Anthony F. "Imagining the Australian nation settler- nationalism and Aboriginality /." Click here for electronic access to document, 1999. http://dtl.unimelb.edu.au/R/U1L2H28HB18MC24L4CL743PII8DUPUQSDYN9NGAGLBXL8YA8BU-00451?func=results-jump-full&set_entry=000013.

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HUNTER, Andrew, and a. hunter@ecu edu au. "Philosophical Justification and the Legal Accommodation of Indigenous Ritual Objects; an Australian Study." Edith Cowan University. Community Services, Education And Social Sciences: School Of International, Cultural And Community Studies, 2006. http://adt.ecu.edu.au/adt-public/adt-ECU2006.0029.html.

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Indigenous cultural possessions constitute a diverse global issue. This issue includes some culturally important, intangible tribal objects. This is evident in the Australian copyright cases viewed in this study, which provide examples of disputes over traditional Indigenous visual art. A proposal for the legal recognition of Indigenous cultural possessions in Australia is also reviewed, in terms of a new category of law. When such cultural objects are in an artistic form they constitute the tribe's self-presentation and its mechanism of cultural continuity. Philosophical arguments for the legal recognition of Indigenous intellectual `property' tend to assume that the value of Indigenous intellectual property is determinable on external criteria.

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Robson, Stephen William. "Rethinking Mabo as a clash of constitutional languages /." Access via Murdoch University Digital Theses Project, 2006. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20070207.131859.

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Dorsett, Shaunnagh Law Faculty of Law UNSW. "Thinking jurisdictionally: a genealogy of native title." Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/23963.

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In Mabo v. State of Queensland (No. 2) (1992) 175 C.L.R. 1, the majority of the High Court held that ???native title??? had survived the acquisition of sovereignty over the Australian continent and is ???recognised??? by the common law. However, all the judgments failed to articulate clearly either the nature of native title as a legal form, and the relationship of that legal form to the common law, or what is meant by ???recognition???. Twelve years later the High Court has still not provided a satisfactory understanding of any of these matters. The central problem investigated by this thesis is the nature of that relationship and of the legal interest of native title. It is contended that this relationship can be understood and ordered as a matter of jurisdiction. This thesis seeks to recuperate a substantive concept of jurisdiction, and specifically of a particular jurisdiction, that of the common law, and to demonstrate how the interest of native title results from the jurisdictional relationship between common law and indigenous law. Part I is a genealogy of native title, drawn out through a history of ideas about common law jurisdiction. It is an account of the legal practice of jurisdiction, through a conceptual elaboration of a particular jurisdiction: the common law. This part traces the history of the common law from its origins in a pluralistic, fragmented, jurisdictional landscape, to its current position as the ???law of the land???. It considers the traditional mechanisms and techniques through which the common law has ordered its relationships with other jurisdictions, and how it has appropriated matters traditionally within the purview of other jurisdictions, accommodating them within the common law as ???custom???. The thesis demonstrates that the same gestures and practices can be seen in modern native title decisions, and contends that the ordering which underpins both native title, and the Australian legal system, is jurisdictional. Part II examines the practice of jurisdiction through an examination of three technologies of jurisdiction, all of which contributed to the construction of the legal entity of native title as an act of jurisdiction: mapping, accommodation and categorisation.

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Brazenor, Clare. "The spatial dimensions of Native Title." Connect to thesis, 2000. http://eprints.unimelb.edu.au/archive/00001050.

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Lochead, Karen Elizabeth. "Reconciling dispossession?: The legal and political accommodation of Native title in Canada and Australia /." Burnaby B.C. : Simon Fraser University, 2005. http://ir.lib.sfu.ca/handle/1892/2039.

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Anker, Kirsten. "The unofficial law of native title indigenous rights, state recognition and legal pluralism in Australia /." Connect to full text, 2007. http://hdl.handle.net/2123/2294.

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Thesis (Ph. D.)--University of Sydney, 2007.
Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Faculty of Law, University of Sydney. Degree awarded 2007. Includes bibliographical references. Also available in print form.

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Phillips, Jacqueline 1980. "Native title law as 'recognition space'? : an analysis of indigenous claimant engagement with law's demands." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101825.

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This thesis engages in a critique of the concept of Australian native title law as a 'recognition space'. It doing so, it treats native title law as a form of identity politics, the courts a forum in which claims for the recognition of identity are made. An overview of multicultural theories of recognition exposes what is signified by the use of recognition discourse and situates this rhetoric in political and theoretical context. A critique of native title recognition discourse is then developed by reference to the insights of sociolegal scholarship, critical theory, critical anthropology and legal pluralism. These critiques suggest that legal recognition is affective and effective. This thesis highlights native title law's false assumptions as to cultural coherence and subject stasis by exploring law's demands and indigenous claimant engagement with these demands. In this analysis, law's constitutive effect is emphasized. However, a radical constructivist approach is eschewed, subject engagement explored and agency located in the limits of law's constitutive power. The effects of legal recognition discourse, its productive and enabling aspects, are considered best understood by reference to Butler's notion of provisional 'performativity'. Ultimately, claimant 'victories' of resistance and subversion are considered not insignificant, but are defined as temporary and symbolic by virtue of the structural context in which they occur.

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Burn, Geoffrey Livingston. "Land and reconciliation in Australia : a theological approach." Thesis, University of Exeter, 2010. http://hdl.handle.net/10036/117230.

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This thesis is a work of Christian theology. Its purpose is twofold: firstly to develop an adequate understanding of reconciliation at the level of peoples and nations; and secondly to make a practical contribution to resolving the problems in Australia for the welfare of all the peoples, and of the land itself. The history of the relationships between the Indigenous and non-Indigenous peoples in Australia has left many problems, and no matter what the non-Indigenous people try to do, the Indigenous peoples of Australia continue to experience themselves as being in a state of siege. Trying to understand what is happening, and what can be done to resolve the problems for the peoples of Australia and the land, have been the implicit drivers for the theological development in this thesis. This thesis argues that the present generation in any trans-generational dispute is likely to continue to sin in ways that are shaped by the sins of the past, which explains why Indigenous peoples in Australia find themselves in a stage of siege, even when the non-Indigenous peoples are trying to pursue policies which they believe are for the welfare of all. The only way to resolve this is for the peoples of Australia to seek reconciliation. In particular, the non-Indigenous peoples need to repent, both of their own sins, and the sins of their forebears. Reconciliation processes have become part of the international political landscape. However, there are real concerns about the justice of pursuing reconciliation. An important part of the theological development of this thesis is therefore to show that pursuing reconciliation establishes justice. It is shown that the nature of justice, and of repentance, can only be established by pursuing reconciliation. Reconciliation is possible because God has made it possible, and is working in the world to bring reconciliation. Because land is an essential part of Indigenous identity in Australia, the history of land in court cases and legislation in Australia over the past half century forms an important case study in this work. It is shown that, although there was significant repentance within the non-Indigenous legal system in Australia, the degree of repentance available through that legal system is inherently limited, and so a more radical approach is needed in order to seek reconciliation in Australia. A final chapter considers what the non-Indigenous people of Australia need to do in order to repent.

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Books on the topic "Australian native title"

1

Perry, Melissa. Australian native title law. Sydney: Lawbook Co., 2003.

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Butt, Peter. Mabo, Wik & native title. 4th ed. Annandale, NSW: Federation Press, 2001.

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Butt, Peter. Mabo, Wik & native title. 4th ed. Leichhardt, N.S.W: Federation Press, 2001.

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Butt, Peter. Mabo, Wik & native title. 3rd ed. Leichhardt, NSW: Federation Press, 1998.

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Compromised jurisprudence: Native title cases since Mabo. 2nd ed. Canberra: Aboriginal Studies Press, 2009.

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David, Martin, and National Native Title Tribunal (Australia), eds. Native title corporations: A legal and anthropological analysis. Sydney: Federation Press, 2000.

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Contesting native title: From controversy to consensus in the struggle over indigenous land rights. Crows Nest, N.S.W: Allen & Unwin, 2009.

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Morrison, Judith. Uniting the voices: Decision making to negotiate for native title in South Australia : independent review of Aboriginal Legal Rights Movement Native Title Unit's facilitation of decision making by South Australian native title management committees, July-October 2000. Adelaide: Aboriginal Legal Rights Movement, Native Title Unit, 2001.

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9

Clarke, Bernard A. Larrpan ga buduyurr: The spear and the cloud. Tranmere, S. Aust: BA Clarke, 2010.

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Warby, Michael. Past wrongs, future rights: Anti-discrimination, Native Title and Aboriginal and Torres Strait Islander policy, 1975-1997. Melbourne: Tasman Institute, 1997.

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Book chapters on the topic "Australian native title"

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Walsh, Michael. "A Neo-colonial Farce? Discourses of Deficit in Australian Aboriginal Land Claim and Native Title Cases." In Discourses of Deficit, 327–46. London: Palgrave Macmillan UK, 2011. http://dx.doi.org/10.1057/9780230299023_18.

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Jackson, Sue. "Planning in the Native Title Era." In Planning in Indigenous Australia, 175–94. New York : Routledge, 2017. | Series: The RTPI library series: Routledge, 2017. http://dx.doi.org/10.4324/9781315693668-12.

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Buhrich, A., S. McIntyre-Tamwoy, and S. Greer. "Working Alongside: Community Archaeology in Post-native Title Australia." In Transforming Heritage Practice in the 21st Century, 97–112. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-14327-5_8.

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Osborne, Natalie, Catherine Howlett, and Deanna Grant-Smith. "Intersectionality and Indigenous Peoples in Australia: Experiences with Engagement in Native Title and Mining." In The Palgrave Handbook of Intersectionality in Public Policy, 389–411. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-98473-5_17.

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Fletcher, Debra. "Australian Native Title." In The Waitangi Tribunal: Te Roopu Whakamana i te Tiriti o Waitangi, 154–67. Bridget Williams Books, 2004. http://dx.doi.org/10.7810/9781877242328_12.

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"NATIVE TITLE." In Australian Principles of Property Law, 149–90. Routledge-Cavendish, 2013. http://dx.doi.org/10.4324/9781843142232-11.

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Zuckermann, Ghil'ad. "Native Tongue Title." In Revivalistics, 240–65. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199812776.003.0008.

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This chapter proposes the enactment of an ex gratia compensation scheme for the loss of Indigenous languages in Australia. Although some Australian states have enacted ex gratia compensation schemes for the victims of the Stolen Generation policies, the victims of linguicide are largely overlooked by the Australian Government. Existing competitive grant schemes to support Aboriginal languages should be complemented with compensation schemes, which are based on a claim of right. The chapter first outlines the history of linguicide during colonization in Australia. It then puts a case for reviving lost Aboriginal languages by highlighting the deontological, aesthetic and utilitarian benefits of language revival. After evaluating the limits of existing Australian law in supporting language revival efforts, I propose ‘Native Tongue Title’, compensation for language loss—modelled upon Native Title, compensation for land loss.

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John, Waugh. "Part I Foundations, Ch.2 Settlement." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0003.

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This chapter explores the law of Australian colonization and its relationship with the laws of Australia's Indigenous peoples. A line of legal continuity links the Australian Constitution to the imposition of British law made during the colonization of Australia and to the decisions of colonial courts that treated the Australian colonies as colonies of settlement. Those decisions, after some initial doubts, displaced the diverse and intricate laws of Australia’s Indigenous peoples, who have occupied the continent for tens of thousands of years. Only in relation to native title to land have later courts made a major reassessment of the status of Indigenous laws. There, the High Court has challenged the factual assumptions of earlier decisions and found accommodation for Indigenous land ownership within the common law, but left the legal framework of colonization otherwise intact.

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Robson, Stephen W. "Consent: common law and native title." In What Good Condition? Reflections on an Australian Aboriginal Treaty 1986–2006. ANU Press, 2006. http://dx.doi.org/10.22459/wgc.12.2006.12.

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McIntyre, Greg. "Native title holding communities as treaty parties." In What Good Condition? Reflections on an Australian Aboriginal Treaty 1986–2006. ANU Press, 2006. http://dx.doi.org/10.22459/wgc.12.2006.17.

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Conference papers on the topic "Australian native title"

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Waggitt, Peter, and Mike Fawcett. "Completion of the South Alligator Valley Remediation: Northern Territory, Australia." In ASME 2009 12th International Conference on Environmental Remediation and Radioactive Waste Management. ASMEDC, 2009. http://dx.doi.org/10.1115/icem2009-16198.

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13 uranium mines operated in the South Alligator Valley of Australia’s Northern Territory between 1953 and 1963. At the end of operations the mines, and associated infrastructure, were simply abandoned. As this activity preceded environmental legislation by about 15 years there was neither any obligation, nor attempt, at remediation. In the 1980s it was decided that the whole area should become an extension of the adjacent World Heritage, Kakadu National Park. As a result the Commonwealth Government made an inventory of the abandoned mines and associated facilities in 1986. This established the size and scope of the liability and formed the framework for a possible future remediation project. The initial program for the reduction of physical and radiological hazards at each of the identified sites was formulated in 1989 and the works took place from 1990 to 1992. But even at this time, as throughout much of the valley’s history, little attention was being paid to the long term aspirations of traditional land owners. The traditional Aboriginal owners, the Gunlom Land Trust, were granted freehold Native Title to the area in 1996. They immediately leased the land back to the Commonwealth Government so it would remain a part of Kakadu National Park, but under joint management. One condition of the lease required that all evidence of former mining activity be remediated by 2015. The consultation, and subsequent planning processes, for a final remediation program began in 1997. A plan was agreed in 2003 and, after funding was granted in 2005, works implementation commenced in 2007. An earlier paper described the planning and consultation stages, experience involving the cleaning up of remant uranium mill tailings and other mining residues; and the successful implementation of the initial remediation works. This paper deals with the final planning and design processes to complete the remediation programme, which is due to occur in 2009. The issues of final containment design and long term stewardship are addressed in the paper as well as some comments on lessons learned through the life of the project.

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Bellaby, Amanda, Michael Sankey, and Louis Albert. "Rising to the occasion: Exploring the changing emphasis on educational design during COVID-19." In ASCILITE 2020: ASCILITE’s First Virtual Conference. University of New England, Armidale, 2020. http://dx.doi.org/10.14742/ascilite2020.0137.

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With the advent of COVID-19, the majority of universities in Australasia have had to adjust quickly to provide the bulk of their learning and teaching activities online. To a great extent this involved learning/educational designers (and titles similar to this) needing to provide a range of tasks (some new) associated with supporting many teaching staff unfamiliar with teaching online. In some cases, this has meant a change in role, while for others it was transitioning to new and higher levels of responsibility. Regardless, the emotional impact of this should not be understated, or at least should understood. This paper explores these concepts based on the feedback from 90 educational designers, mainly from the Australasian higher education sector. It presents details of the results of a semi-structured qualitative study of those working in the field of educational design at universities. These designers were asked to consider how COVID-19 has impacted the ways in which they undertook their work, the types of issues they are dealing with, and the solutions they were proposing and contributing. Their accounts document the changing nature of their roles and their emotions in the face of potentially unalterable changes.

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Reports on the topic "Australian native title"

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Riley, Brad. Scaling up: Renewable energy on Aboriginal lands in north west Australia. Nulungu Research Institute, 2021. http://dx.doi.org/10.32613/nrp/2021.6.

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This paper examines renewable energy developments on Aboriginal lands in North-West Western Australia at three scales. It first examines the literature developing in relation to large scale renewable energy projects and the Native Title Act (1993)Cwlth. It then looks to the history of small community scale standalone systems. Finally, it examines locally adapted approaches to benefit sharing in remote utility owned networks. In doing so this paper foregrounds the importance of Aboriginal agency. It identifies Aboriginal decision making and economic inclusion as being key to policy and project development in the 'scaling up' of a transition to renewable energy resources in the North-West.

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