Journal articles: 'Native title (Australia)'

1

Young, D., and G. Scott. "WARD AND WILSON V ANDERSON—EVOLUTION OR REVOLUTION IN NATIVE TITLE LAW?" APPEA Journal 43, no. 1 (2003): 729. http://dx.doi.org/10.1071/aj02043.

Full text

Abstract:

There is now a greater degree of certainty for the petroleum industry in Native Title law following the High Court’s decisions in Ward v Western Australia1 and Wilson v Anderson2. Both decisions were handed down on 8 August 2002. Ward in particular is the most significant Native Title decision in Australia since the High Court’s decision in Wik v Queensland3 in 1996. This paper presents an analysis of the issues dealt with in Ward and Wilson v Anderson with particular emphasis on the application for petroleum. The paper will also illustrate that while greater certainty flows from these decisions, it is still necessary for petroleum and resource companies to engage with Native Title groups (particularly by negotiating agreements) to enable the valid grant of titles and tenements to land subject to Native Title.

APA, Harvard, Vancouver, ISO, and other styles

2

Clarke, J. D. "NATIVE TITLE AND THE PETROLEUM INDUSTRY IN WESTERN AUSTRALIA." APPEA Journal 37, no. 1 (1997): 565. http://dx.doi.org/10.1071/aj96035.

Full text

Abstract:

This paper explains the claimant and the future act processes of the Commonwealth Native Title Act and their operation in Western Australia, particularly in relation to petroleum titles. It then outlines the WA Government's response and future directives, focussing on the amendments needed to produce workable native title legislation.

APA, Harvard, Vancouver, ISO, and other styles

3

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

4

Hooke, Frank M. "THE NATIVE TITLES ACT 1993—THE PETROLEUM INDUSTRY AND THE FUTURE." APPEA Journal 34, no. 2 (1994): 174. http://dx.doi.org/10.1071/aj93099.

Full text

Abstract:

The judgement of the High Court of Australia in 1992 in Mabo v. Queensland has had a major impact on land law in Australia.The Native Titles Act, 1993, is the first of what will be many steps in a long, complex legislative program to integrate 'native title', into Australia's land law.Those drafting the Native Title Act seemed to have concentrated on dealing with 'native title' issues in isolation and to have ignored or put to one side the need for it to mesh with other aspects of land law. This has created uncertainty for many users of land and will require review.Although the contrary was intended, the Act creates, in practical terms, significant uncertainty for renewal of existing oil and gas exploration and production titles. It also has implications for applicants for new titles and in due course for farmouts and assignments.Eventually additional legislation will be required to clarify the relationship of native title with the other areas of land law.

APA, Harvard, Vancouver, ISO, and other styles

5

Dahre, Ulf Johansson. ":Native Title in Australia: An Ethnographic Perspective." PoLAR: Political and Legal Anthropology Review 29, no. 2 (November 2006): 318–22. http://dx.doi.org/10.1525/pol.2006.29.2.318.

Full text

APA, Harvard, Vancouver, ISO, and other styles

6

Afinnas, Muhamad Agil aufa. "Perbandingan Hukum Penetapan Eksistensi Hak Ulayat Dengan Penetapan Native Title di Australia." DIVERSI : Jurnal Hukum 8, no. 1 (June 3, 2022): 139. http://dx.doi.org/10.32503/diversi.v8i1.2316.

Full text

Abstract:

Penelitian ini mengkaji perbandingan hukum penetapan eksistensi Hak Ulayat di Indonesia dengan penetapan native title di Australia. Tujuan dilakukannya penelitian ini untuk menganalisis perbandingan hukum penetapan eksistensi Hak Ulayat di Indonesia dengan native title di Australia serta untuk menganalisa bagaimana seharusnya perbaikan hukum di Indonesia berdasarkan kajian perbandingan hukum dengan mekanisme hukum penetapan native title di Australia. Penelitian ini merupakan penelitian hukum normatif. Hasil penelitian ini menunjukkan bahwa masih terdapat kekurangan pada rezim hukum penetapan eksistensi Hak Ulayat di Indonesia. Dalam Native Title Act, diatur secara jelas mengenai mekanisme penetapan, subjek hak, otoritas atau lembaga yang mempunyai tugas dan fungsi dalam penetapan hak komunal atas tanah, serta signifikansi peraturan hukumnya. Kejelasan tersebut yang masih belum ditemui di Indonesia. Politik Hukum di Indonesia juga kurang berpihak kepada perlindungan Masyarakat Hukum Adat beserta hak-haknya. Perbaikan hukum terkait mekanisme penetapan eksistensi Hak Ulayat di Indonesia harus segera dilakukan agar dapat memberikan jaminan kepastian hukum kepada Masyarakat Hukum Adat serta meminimalisisr terjadinya konflik pertanahan yang melibatkan mereka

APA, Harvard, Vancouver, ISO, and other styles

7

French, Justice Robert, and Patricia Lane. "The Common Law of Native Title in Australia." Oxford University Commonwealth Law Journal 2, no. 1 (January 2002): 15–45. http://dx.doi.org/10.1080/14729342.2002.11421402.

Full text

APA, Harvard, Vancouver, ISO, and other styles

8

Edmunds, Mary. "Managing Conflict Through Native Title Claims in Australia." Anthropology News 48, no. 8 (November 2007): 11. http://dx.doi.org/10.1525/an.2007.48.8.11.

Full text

APA, Harvard, Vancouver, ISO, and other styles

9

Edwards, Caroline, Louise Anderson, and Siobhan McKeering. "Anthropologists, Lawyers and Native Title Cases in Australia." Anthropological Forum 16, no. 2 (July 2006): 153–71. http://dx.doi.org/10.1080/00664670600768375.

Full text

APA, Harvard, Vancouver, ISO, and other styles

10

Sutton, Peter. "Social scientists and native title cases in Australia." Public Archaeology 4, no. 2-3 (January 2005): 121–26. http://dx.doi.org/10.1179/pua.2005.4.2-3.121.

Full text

APA, Harvard, Vancouver, ISO, and other styles

11

Sutton, Peter. "Social Scientists and Native Title Cases in Australia." General Anthropology Bulletin of the General Anthropology Division 11, no. 1 (September 2004): 1–5. http://dx.doi.org/10.1525/ga.2004.11.1.1.1.

Full text

APA, Harvard, Vancouver, ISO, and other styles

12

Sutton, Peter. "Social scientists and native title cases in Australia." Public Archaeology 4, no. 2 (January 1, 2005): 121–26. http://dx.doi.org/10.1179/146551805793156220.

Full text

APA, Harvard, Vancouver, ISO, and other styles

13

Hunt, M. W. "NATIVE TITLE ISSUES AFFECTING PETROLEUM EXPLORATION AND PRODUCTION." APPEA Journal 39, no. 2 (1999): 107. http://dx.doi.org/10.1071/aj98065.

Full text

Abstract:

This paper focusses on onshore exploration and production because the right to negotiate does not apply offshore. However, the Native Title Act can be relevant to offshore oil and gas explorers and producers. First, where their area of interest includes an island within the jurisdiction of Western Australia. Secondly, in respect of land required for the facilities to treat petroleum piped ashore.Under the original Native Title Act the right to negotiate proved unworkable, the expedited procedure failed to facilitate the grant of exploration titles and titles granted after 1 January 1994 were probably invalid.The paper examines the innovations introduced by the amended Native Title Act to consider whether it will be more 'workable' for petroleum explorers and producers. It examines some of categories of future acts in respect of which the right to negotiate does not apply (specifically indigenous land use agreements, renewals and extensions of titles, procedures for infrastructure titles, reserve land, water resources, low impact future acts, approved exploration etc acts and the expedited procedure).Other innovations include the new registration test for native title claims, the validation of pre-Wik titles, the amended right to negotiate procedure, the State implementation of the right of negotiate procedure and the objection and adjudication procedure for grants on pastoral land.The response of each state and territory parliament to the amended Act is considered, as is the Federal Court decision in the Miriuwung Gajerrong land claim (particularly the finding that native title includes resources, questioning whether these resources extend to petroleum).The paper observes that the full impact of the new Act cannot be determined until the states and territories have passed complementary legislation and it is all in operation. However, the paper's preliminary conclusion is that it does not provide a workable framework for the interaction between petroleum companies and native title claimants.The writer's view is that the right to negotiate procedure is unworkable if relied upon to obtain the grant of a title. If a proponent wishes to develop a project in any commercially acceptable timeframe, it will have to negotiate an agreement with native title claimants. The paper's conclusion is that a negotiated agreement is the only way to cope with native title issues.

APA, Harvard, Vancouver, ISO, and other styles

14

Watt, Elizabeth, Emma Kowal, and Carmen Cummings. "Traditional Laws Meet Emerging Biotechnologies: The Impact of Genetic Genealogy on Indigenous Land Title in Australia." Human Organization 79, no. 2 (June 2020): 140–49. http://dx.doi.org/10.17730/1938-3525.79.2.140.

Full text

Abstract:

The increasing popularity and availability of genetic testing has the potential to play into debates surrounding forms of Aboriginal and Torres Strait Islander land ownership known as “native title.” This paper draws on research with applied anthropologists working in native title, and a review of descriptions of native title holders in existing determinations, to address three key questions: Are native title holders and claimants interested in using genetic genealogy for claiming native title or resolving membership disputes? If so, can this biotechnology offer them the kind of information they seek? And finally, does the legal framework allow or support its use for these purposes? Our findings highlight the importance of disseminating current information about genetic genealogy among Indigenous Australians and having frank conversations about the opportunities and limits of genetic technologies in this context.

APA, Harvard, Vancouver, ISO, and other styles

15

Gray, Peter R. A. "Do the Walls Have Ears? Indigenous Title and Courts in Australia." International Journal of Legal Information 28, no. 2 (2000): 185–212. http://dx.doi.org/10.1017/s0731126500009070.

Full text

Abstract:

Australia has always been a place of legal pluralism. Before the British colonists brought with them the common law and the statute law of England, there were indigenous systems of law. Indeed, there were very many of them. They did not cease to exist just because English law was imported. Sadly, for over 200 years, their existence was not officially recognised by the Anglo-Australian legal system. In 1992, in Mabo v State of Queensland [No.2], the High Court of Australia did more than “invent” native title. It made this nation officially a legally pluralist one. The common law now recognises, and gives effect to, indigenous law with respect to land tenure and, possibly, with respect to other aspects of life and death as well. Native title is what indigenous law says it is, no more and no less, except to the extent that non-indigenous law operates to “extinguish” or “impair” native title. The first inquiry in any application for a determination of native title must be as to the continuing existence of an indigenous legal system and the manner in which that legal system deals with entitlements in relation to the relevant land. If such a system survives and gives entitlement to people, it must then be asked whether non-Aboriginal law has “extinguished” or “impaired” those entitlements. In truth, this inquiry is as to whether the non-indigenous legal system has withdrawn its recognition of those entitlements, because of its creation of interests, or recognition of activities, incompatible with the continuing existence of indigenous entitlements. The entitlements continue to exist in indigenous law, despite any “extinguishment” or “impairment.”

APA, Harvard, Vancouver, ISO, and other styles

16

Ogden, Richard. "Wik Peoples v State of Queensland: Extinguishment of Native Title." Victoria University of Wellington Law Review 28, no. 2 (May 1, 1998): 341. http://dx.doi.org/10.26686/vuwlr.v28i2.6074.

Full text

Abstract:

The 1996 decision of the High Court of Australia in Wik Peoples v State of Queensland will be remembered by all as the first fruits of the Mabo decision. Wik is the first of many decisions that will challenge Australia as it attempts to come to terms with the past. The Wik case introduces the possibility that native title may indeed survive 'extinguishment' or at the very least may be subject to mere 'impairment' when conflict arises. This is a consequence of the re-conceptualisation of property rights that the practical outcome of the case necessitates. This article explains the move from 'co-existence' of rights to 'impairment' of native title to the possibility of the revival of native title.

APA, Harvard, Vancouver, ISO, and other styles

17

Forbes, J. R. "The Interaction of Mining and Native Title in Australia." Mineral Resources Engineering 07, no. 04 (December 1998): 271–81. http://dx.doi.org/10.1142/s0950609898000298.

Full text

APA, Harvard, Vancouver, ISO, and other styles

18

Peterson, Nicolas. "Native Title in Australia: An Ethnographic Perspective. Peter Sutton." Journal of Anthropological Research 60, no. 4 (December 2004): 595–96. http://dx.doi.org/10.1086/jar.60.4.3631160.

Full text

APA, Harvard, Vancouver, ISO, and other styles

19

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

20

Vickery, E. "NATIVE TITLE: ITS EFFECTS ON PETROLEUM EXPLORATION." APPEA Journal 35, no. 1 (1995): 774. http://dx.doi.org/10.1071/aj94054.

Full text

Abstract:

The existence of native title in Australia was recognised by the High Court in its historic Mabo No. 2 judgment on 3 June 1992. Native title is a shorthand expression used to describe those activities pursued by native peoples in connection with their traditional lands, in accordance with traditional law and custom. It could be extinguished in many ways, and once extinguished cannot be revived. Following an intense public debate, the Commonwealth enacted the Native Title Act (NTA) which, for most purposes, commenced on 1 January 1994. The NTA recognises and protects native title, enabling its future extinguishment in only limited cases, principally by government acquisition for public purposes which are actually fulfilled. The High Court decision and the NTA are both constructed around the Racial Discrimination Act 1975 (RDA) which has a dual limb operation. Where laws omit inclusion of people on racial grounds, the RDA uplifts the rights of those people to equate with all other citizens. Where such laws prohibit people on racial grounds, the prohibition provisions will be ineffective. The former limb extends principles of due process and compensation to persons dispossessed of their native title after commencement of the RDA on 21 October 1975. By so doing, existing petroleum tenements probably avoided invalidity, leaving the question of compensation alive for tenements created after that date. Alternatively, the NTA enables those tenements to be validated by legislation, and provides for compensation in appropriate cases. Since 1 January 1994, the RDA imposes a non-extinguishment principle into the general law, whereby granted tenements will not extinguish native title, only displace it for the life of the grant enabling the native title rights to then be resumed. Further Court cases, legislation and proposed international treaties are all now in the course of development, with the combined capacity of expanding native title concepts. Australia is still at the beginning of the evolution of legal recognition of native title.

APA, Harvard, Vancouver, ISO, and other styles

21

Hunt, M. W. "NATIVE TITLE AND ABORIGINAL HERITAGE ISSUES AFFECTING OIL AND GAS EXPLORATION AND PRODUCTION." APPEA Journal 41, no. 2 (2001): 115. http://dx.doi.org/10.1071/aj00061.

Full text

Abstract:

This paper is principally concerned with native title issues as they affect oil and gas exploration and production. However, it also reviews Aboriginal heritage laws and practices because they have the potential to be just as disruptive to an expeditious exploration program or to the construction of a production facility as do native title claims.The paper focusses on onshore petroleum exploration and production because the right to negotiate under the Native Title Act (NTA) does not apply offshore. However, the paper does consider offshore because the NTA can still affect offshore petroleum explorers and producers; either because their area of interest could include an island within a State or Territory jurisdiction or because the facilities to treat the offshore oil and gas could be located onshore.The paper examines the key provisions of the NTA which are relevant to petroleum explorers and producers, principally the subject of tenure to ground. It considers the validity of already granted titles. It then examines the process of application for new titles.Although the NTA is the common source of problems throughout Australia, it is necessary for the paper to consider the situation in each State and Territory, since the titles are different and the government processes of dealing with native title issues differs in each jurisdiction.Although the focus of the paper is on how to cope with the right to negotiate, the paper considers some of the categories of future acts in respect of which the right to negotiate does not apply (specifically, procedures for infrastructure titles, renewals and extensions of titles, the expedited procedure, indigenous land use agreements, reserve land and approved exploration etc acts).The paper mentions the Federal Court decisions in the Miriuwung Gajerrong and Croker Island native title claims and ponders the options for the High Court in deciding the recent appeals.The paper’s conclusion is that a negotiated agreement is the only way to cope with native title issues. The contents of such an agreement are considered.

APA, Harvard, Vancouver, ISO, and other styles

22

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

23

Cook, J. R. "TOWARDS AN INTERNATIONALISATION OF NATIVE TITLE AND COMMUNITY RELATIONS." APPEA Journal 43, no. 1 (2003): 741. http://dx.doi.org/10.1071/aj02044.

Full text

Abstract:

The 20th Century has witnessed the consolidation of global industry and finance. It has also seen the growth of criticism of some developments associated with globalisation. This has been particularly the case with the resource extraction industries and their downstream counterparts. These industries now have to consider a range of factors as central to the management of risk and of reputation that would not have been necessary 30 years ago. One of these factors is the need for community consultation regarding the nature of specific resource development and often some form of compensation for the impacts of development.Central to the Australian formulation of community consultation and development in the context of land use and natural resource development have been the Northern Territory Aboriginal Land Rights Act (ALRA) and the Native Title Act (NTA) as well as the setting up of Land Councils and representative bodies. These laws have been crucial, not just to the administration of land, but to the concept of aboriginality and citizenship as a whole. Like the ALRA, the Native Title Act has had a fundamental impact on the relationship between Aboriginal land interests and resource development. It has often, however, been mired in uncertainty, conflict, and amendments. This has contributed to a climate of legalism that has not necessary always been to the benefit of on-the-ground agreement processes.In Indonesia there is no basis in law for native title issues and a high level of risk exists as a result of social and political transition. As a result some companies operating in Indonesia have begun to develop new approaches to issues of community relations and development. A new understanding of the necessity of carefully planned partnerships in the context of resource development has begun to emerge in Indonesia. The BP Tangguh project in the Bintuni Bay area of West Papua has set high standards for consultative practices relating to community consultation and community development practices. Whatever the commercial success of the Tangguh project, the processes and systems developed for that project indicate the likely future direction of other best-practice resource development projects in Indonesia and elsewhere.In the past, development in Indonesia has been heavily influenced by rent capitalism, which has tended to emphasise the giving of permission over effective business and development practice. While the proponents of Native Title in Australia have often seen Australia as setting an international standard for development practice, this is belied by the actual results of Native Title and what is being undertaken in other international contexts. Native Title also often seems to act as a form of rent capitalism. As such it may be that Native Title does not necessarily define best practice, and, in the international context, may be under-performing in terms of risk and reputation management.Rather than assuming that emerging practices in either Indonesia or Australia are somehow occupying the higher ground in terms of best-practice development, it is suggested that Native Title and international practice can usefully be cross-fertilised in a critical manner. This process can be beneficial to companies and to stakeholders alike, particularly in the context of transparent consultation and negotiation practices that focus on the possibilities for cooperation in development, rather than conflict.

APA, Harvard, Vancouver, ISO, and other styles

24

Schwab, R. G. (Jerry). "Native title in Australia: an ethnographic perspective ? By Peter Sutton." Journal of the Royal Anthropological Institute 13, no. 2 (June 2007): 504–5. http://dx.doi.org/10.1111/j.1467-9655.2007.00439_26.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

25

Lumb, R. D. "Native Title to Land in Australia: Recent High Court Decisions." International and Comparative Law Quarterly 42, no. 1 (January 1993): 84–100. http://dx.doi.org/10.1093/iclqaj/42.1.84.

Full text

APA, Harvard, Vancouver, ISO, and other styles

26

Williams, Michael. "Brief Sojourn in your Native Land: Sydney Links with South China." Queensland Review 6, no. 2 (November 1999): 11–23. http://dx.doi.org/10.1017/s1321816600001112.

Full text

Abstract:

The title of this paper is taken from a testimonial signed by a number of Gundagai residents on the departure for China in 1903 of Mark Loong after sixteen years in the district. That the notion of a person ‘sojourning’ in China is a contradiction of the prevailing ‘sojourner’ concept usually held about early Chinese migrants in Australia is the result the failure of Australian-Chinese research to fully appreciate the significance of family and district links between Australia and China and their impact upon the motivation, organisation and settlement patterns of Chinese people in Australia before the middle of the twentieth century. Without such an appreciation most research into Australian-Chinese history has focused only on those who established families in Australia or who ran successful businesses. This paper will focus on describing some features of these family and districts links with regard to that generation who arrived after the gold rushes of the 1850s to 1870s but before the Immigration Restriction Act 1901, who originated in one south China district, Zhongshan , and who lived primarily in one Australian city, Sydney. These restraints are partly due to reliance on sources such as the administrative files of the Immigration Restriction Act which begin only in 1901, and partly to the fact that this research represents a first step in the investigation of the significance of district of origin and the people of Zhongshan district in Sydney are the first to be investigated.

APA, Harvard, Vancouver, ISO, and other styles

27

Saigal, Siddharth. "Beyond the Native Title horizon: A multifaceted vision for Indigenous empowerment in contemporary Australia." Verfassung in Recht und Übersee 54, no. 4 (2021): 508–27. http://dx.doi.org/10.5771/0506-7286-2021-4-508.

Full text

Abstract:

This article advocates for empowering Australia’s Indigenous custodians through innovative legal devices with respect to their traditional lands. This is because Indigenous Australians possess certain rights and duties that are unique to their being. Regrettably, these rights have crystallised into an aging Native Title system inherently characterised by Crown supremacy and Indigenous subservience. In exploring the Native Title machinery through the lens of Australia’s colonial legacy, this article illuminates the many injustices in containing a dynamic and complex culture within the unforgiving parameters of this outdated system. Thus, a great inequity exists at the very foundation of Native Title when those most adversely affected by colonial dispossession are inadequately protected. Nevertheless, contemporary legal precedents are increasingly recognised as significant developments in expanding a legal universe rooted in the proscriptive common law tradition. Achieving ‘case-by-case’ reform is ultimately overshadowed by the financial, emotional and physical burdens placed upon Indigenous litigants. Beyond the Native Title horizon lies an unchartered territory, a place where Indigenous autonomy can coexist within legal systems of land governance. In this innovative spirit, Australian lawmakers are challenged to adopt a co-governance scheme modelled on New Zealand’s Te Awa Tupua Act to empower Indigenous Australians and dismantle entrenched principles of anthropocentric environmentalism.

APA, Harvard, Vancouver, ISO, and other styles

28

Prescott, Victor, and Stephen Davis. "Aboriginal I Claims to Seas in Australia." International Journal of Marine and Coastal Law 17, no. 1 (2002): 1–31. http://dx.doi.org/10.1163/157180802x00251.

Full text

Abstract:

AbstractIn 1992 the famous judgment in the Mabo (No.2 case), in the High Court of Australia, determined that the common law of Australia recognised and protected native title claims in accordance with traditional laws and customs. Within six years nearly 800 claims had been lodged with the Native Title Tribunal and 70 per cent of them were in Queensland and Western Australia. Nearly one-third of those claims included areas of sea. Before 1992 scholars had demonstrated that clan estates included marine sections along tropical coasts. Only two claims to seas or sea-bed have been tested in the courts. This paper reviews five questions that will recur in future similar cases. They deal with the location of claims, their possible extent, the evidence that will justify them, the delimitation of successful claims and accommodations regarding the use of claimed seas between indigenous and other peoples.

APA, Harvard, Vancouver, ISO, and other styles

29

Cleary, Paul. "Native title contestation in Western Australia's Pilbara region." International Journal for Crime, Justice and Social Democracy 3, no. 3 (December 1, 2014): 132–48. http://dx.doi.org/10.5204/ijcjsd.v3i3.182.

Full text

Abstract:

The rights afforded to Indigenous Australians under the Native Title Act 1993 (NTA) are very limited and allow for undue coercion by corporate interests, contrary to the claims of many prominent authors in this field. Unlike the Commonwealth’s first land rights law, Aboriginal Lands Rights (Northern Territory) Act 1976 (ALRA) , the NTA does not offer a right of veto to Aboriginal parties; instead, they have a right to negotiate with developers, which has in practice meant very little leverage in negotiations for native title parties. And unlike ALRA, developers can deal with any Indigenous corporation, rather than land councils. These two factors have encouraged opportunistic conduct by some developers and led to vexatious litigation designed to break the resistance of native title parties, as demonstrated by the experience of Aboriginal corporations in the iron ore-rich Pilbara region of Western Australia.

APA, Harvard, Vancouver, ISO, and other styles

30

Glaskin, Katie. "Native Title and the Recognition of Indigenous Land Rights in Australia." Anthropology News 44, no. 9 (December 2003): 8. http://dx.doi.org/10.1111/an.2003.44.9.8.1.

Full text

APA, Harvard, Vancouver, ISO, and other styles

31

Short, Damien. "The Social Construction of Indigenous `Native Title' Land Rights in Australia." Current Sociology 55, no. 6 (November 2007): 857–76. http://dx.doi.org/10.1177/0011392107081989.

Full text

APA, Harvard, Vancouver, ISO, and other styles

32

Williamson, Professor Douglas. "THE IMPACT OF RECENT NATIVE TITLE DEVELOPMENTS UPON PETROLEUM EXPLORATION AND PRODUCTION." APPEA Journal 38, no. 2 (1998): 179. http://dx.doi.org/10.1071/aj97091.

Full text

Abstract:

Native Title Act 1993 (Cth)—acknowledged defects-proposed amending legislation—right to negotiate process—offshore and onshore exploration and development distinguished—obligations other than under NTA not to interfere unduly with offshore native title rights—onshore right to negotiate process—criteria—availability of expedited procedure to enable proposed activity to proceed—recent decisions limiting practical availability of expedited procedure—Cox and Western Australia and Stirling Resources NL and others (NNTT, 27 October 1997)—proposed amendments to right to negotiate process—importance of amendments to petroleum explorers and developers.

APA, Harvard, Vancouver, ISO, and other styles

33

Dominello, Francesca Giorgia. "The Politics of Remembering and Forgetting: Native Title Law and Reconciliation in Australia." Cosmopolitan Civil Societies: An Interdisciplinary Journal 1, no. 3 (September 24, 2009): 1–34. http://dx.doi.org/10.5130/ccs.v1i3.1077.

Full text

Abstract:

The post-Mabo era was to be the age of reconciliation and the end of unjust dispossession of indigenous peoples’ lands. However, as the more recent cases in native title show this vision did not become the reality. In this paper, I will examine Mabo in its historical context. In particular I will examine the claim that Mabo was a product of the “new history” movement in Australia. This movement developed in response to the silence that had shrouded the history of colonial relations between indigenous and non-indigenous peoples for most of the 19th and 20th centuries. Through the writing of these histories, new historians have raised awareness of the history of colonization in Australia and the impact it has had on indigenous peoples in particular. In the paper I will outline the ways in which Mabo is a product of this history. However, if Mabo did not bring to an end to the injustice and inequality facing indigenous peoples in the context of land law in Australia, it is because of the traces of another history informing that decision and the events that followed it. In this paper I will refer to this history as the “old history” of Australia. In this history indigenous peoples are placed in a paradoxical position: they are inferior, but still seen as threat to the colonial enterprise. The paper will explore how this “history” is repeated in Mabo and continues to inform the High Court’s approach to native title law.

APA, Harvard, Vancouver, ISO, and other styles

34

Chaney, F. "Innovation in the rangelands: the role of people." Rangeland Journal 37, no. 6 (2015): 535. http://dx.doi.org/10.1071/rj15037.

Full text

Abstract:

The importance of the rangelands, economically, environmentally, and culturally to Australia, is highlighted. Australians need to be more aware of and appreciate new ways of working in pastoralism, environmental management, with Indigenous communities and mining that point the way to better social, economic, cultural and environmental outcomes. Optimism about the future role of the rangelands stems from the changes in Australia that have occurred over the past 50 years, from a country that was legally and socially segregated. Changes started with advocacy of voting rights for Indigenous people in 1961 and continued with the establishment of Aboriginal legal services, the setting up of the National Native Title Tribunal and native title representative bodies, and the founding of Reconciliation Australia. Changes have occurred because people have tried to make things better, not just for themselves but for Australia. Leadership and tireless action from Indigenous people and non-Indigenous collaborators have been powerful forces for change. However, governments continue to often fail those who live and work in areas that are distant from cities. Change needs to continue and everyone who cares about rangelands has a role, in different ways, to nudge the world of the rangelands to a better place.

APA, Harvard, Vancouver, ISO, and other styles

35

Trigger, David, and Robert Blowes. "Anthropologists, Lawyers and Issues for Expert Witnesses: Native Title Claims in Australia." Practicing Anthropology 23, no. 1 (January 1, 2001): 15–20. http://dx.doi.org/10.17730/praa.23.1.787151073p934186.

Full text

Abstract:

Social scientists such as anthropologists, linguists and historians play an important role in researching and producing genealogies, reports and other claim materials which are submitted as evidence in native title claims. Being expert witnesses for Aboriginal claimants (or any other party) means that they may also be cross-examined on their evidence by opposing counsel. The recent Federal Court decision Daniel v State of Western Australia (the ‘Daniel case’2) highlights the need to carefully manage communications which occur in the course of researching, documenting and conducting native title claims; the case raises the issue of avoiding (or delaying) the loss of the protection of ‘client privilege’3 for confidential documents such as anthropological field notes and other primary research materials. The central issue is whether various documents can be kept confidential, and if so, for how long.

APA, Harvard, Vancouver, ISO, and other styles

36

Marks, G. N., and P. McDonell. "NEW POLITICS? THE MABO DEBATE AND PUBLIC OPINION NATIVE TITLE IN AUSTRALIA." International Journal of Public Opinion Research 8, no. 1 (March 1, 1996): 31–50. http://dx.doi.org/10.1093/ijpor/8.1.31.

Full text

APA, Harvard, Vancouver, ISO, and other styles

37

Morris, Barry. "‘Against native title’: Conflict and creativity in outback Australia, by Eve Vincent." Anthropological Forum 28, no. 3 (March 14, 2018): 313–15. http://dx.doi.org/10.1080/00664677.2018.1447767.

Full text

APA, Harvard, Vancouver, ISO, and other styles

38

Kramer, Jillian. "(Re)mapping Terra Nullius: Hindmarsh, Wik and Native Title Legislation in Australia." International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 29, no. 1 (May 13, 2015): 191–212. http://dx.doi.org/10.1007/s11196-015-9427-8.

Full text

APA, Harvard, Vancouver, ISO, and other styles

39

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

40

Scott, G. "CULTURAL HERITAGE AND THE PETROLEUM INDUSTRY." APPEA Journal 46, no. 1 (2006): 611. http://dx.doi.org/10.1071/aj05042.

Full text

Abstract:

Since the introduction of the Native Title Act 1993 (Cth) and its subsequent amendment in 1998, the main focus for developing pipeline projects was on native title issues. Cultural heritage was seen as a more operational matter and not one that would affect the ability to operate or construct pipelines. With higher standards being set by the High Court for native title claimants to maintain a claim, the management of cultural heritage issues (as opposed to the protection of native title rights) are now forming a significant part of negotiations between project proponents and indigenous groups for the development of petroleum projects.State, Territory and Commonwealth legislation dealing with Aboriginal cultural heritage also provides a more immediate source of obligations on project proponents. Even when all regulatory authorities and approvals are held, this legislation can provide affected parties the ability to stop projects if proponents ignore the requirements to protect and manage Aboriginal cultural heritage.This paper briefly examines how cultural heritage issues and native title issues interact from a practical viewpoint and then goes on to provide an overview of cultural heritage legislation throughout Australia including a focus on the unique model adopted in Queensland through the introduction of the ‘cultural heritage duty of care’.This paper then provides examples of what companies will need to do to comply with statutory obligations in minimising harm to cultural heritage through examples of common inclusions in cultural heritage management plans, together with identifying issues that are often forgotten to the detriment of a project in such plans. It also points out why cultural heritage issues may need more immediate actions in comparison with native title issues for the development and construction of new petroleum projects.

APA, Harvard, Vancouver, ISO, and other styles

41

Sheehan, J. "Indigenous property rights and river management." Water Science and Technology 43, no. 9 (May 1, 2001): 235–42. http://dx.doi.org/10.2166/wst.2001.0548.

Full text

Abstract:

The presence of indigenous property rights and interests arising from the survival of native title in Australia presents unique issues in the management of rivers and riverine lands. Existing common law and statutory tidal and non-tidal rights are a complex overlay of public and private property rights which are themselves undergoing significant change through the commodification of many natural resources by Commonwealth and State governments, such as marine species stock and non-tidal water. The melding of indigenous values and management practices with existing management regimes for rivers and riverine lands offers considerable potential for both sustainability of resource utilisation, and respect and recognition of native title with resultant predicted benefits in the vexed area of compensation.

APA, Harvard, Vancouver, ISO, and other styles

42

Kelly, Linda, Mary Whiteside, Hayley Barich, and Komla Tsey. "Checking up to keep on track: An Aboriginal-led approach to monitoring well-being." Evaluation Journal of Australasia 21, no. 3 (August 19, 2021): 132–45. http://dx.doi.org/10.1177/1035719x211026412.

Full text

Abstract:

This article reports the process of identifying a well-being monitoring and evaluation approach for a community development programme with Aboriginal Native Title Holders in Northern Australia. The process involved the use of an empowerment-based Aboriginal Family Well-Being framework to enable Native Title Holders to articulate domains of value to their local community. These domains aligned with an existing culturally sensitive Aboriginal well-being survey tool which the Native Title Holders saw as relevant for their use. The attempts to provide Aboriginal people with a broader and more long-term perspective from which to judge the value of short-term projects is a different approach to traditional programme assessment (monitoring and evaluation). It aims to provide Aboriginal people with a more relevant frame from which they can make judgements about the worth of any programme or project in their location, supporting local control and decision-making. Potentially it provides Aboriginal people with the information from which to advocate for other supports and to assess the value of Government and other projects.

APA, Harvard, Vancouver, ISO, and other styles

43

Weiner, James F. "Anthropology vs. Ethnography in Native Title: A Review Article in the Context of Peter Sutton'sNative Title in Australia." Asia Pacific Journal of Anthropology 8, no. 2 (June 2007): 151–68. http://dx.doi.org/10.1080/14442210701299523.

Full text

APA, Harvard, Vancouver, ISO, and other styles

44

Sutton, Peter. "Considerations for the Production of Native Title Negotiation Anthropological Reports." Practicing Anthropology 23, no. 1 (January 1, 2001): 24–28. http://dx.doi.org/10.17730/praa.23.1.rnh57008jx6m010x.

Full text

Abstract:

With a view to settling native title claims by negotiation rather than litigation, it is common practice in Australia for the Indigenous applicant groups' case to be outlined in writing in a rather brief and concentrated way. This may be called a ‘negotiation report’, or a ‘connection report’, for example, depending on the region. Anthropologists may be asked to contribute to this report, or even to write the whole of it. In it they usually provide a skeletal outline of the nature of the applicants' relationships to the area subject to a determination of native title. This would normally cover the nature of their rights and interests in the country and how those rights and interests are acquired, a history of the applicant group's connection to the relevant country from the establishment of British sovereignty to the present, and exemplars of the kind of evidentiary material that would be expanded if called upon during any later adversarial process, should the latter occur. In this brief paper I offer some suggestions that might be considered by anthropologists who have been engaged to write such reports.

APA, Harvard, Vancouver, ISO, and other styles

45

Foley, Fiona. "The People of K’Gari/Fraser Island: Working through 250 Years of Racial Double Coding." Genealogy 4, no. 3 (July 8, 2020): 74. http://dx.doi.org/10.3390/genealogy4030074.

Full text

Abstract:

Genealogy is important to Aboriginal societies in Australia because it lets us know who has a right to speak for country. Our genealogy binds us to our traditional country as sovereign nations—clans with distinct languages, ceremony, laws, rights and responsibilities. Since the Native Title Act 1993 was passed by the Keating government, hundreds of Native Title claims have been lodged. The first Native Title claim to be lodged on Badtjala/Butchulla country was in 1996 by my great aunty, Olga Miller, followed by the Butchulla People #2 and the Butchulla People (Land & Sea Claim #2). Consent determination was awarded for K’gari (Fraser Island) in 2014 and for the mainland claim in 2019. As a sovereign nation, we have undergone many decades of deprivational longing—physically separated from our island, but in plain view. This article is written from a Badtjala lens, mapping generations of my Wondunna clan family through the eyes of an artist-academic who has created work since 1986 invested in cultural responsibility. With the accompanying film, Out of the Sea Like Cloud, I recenter the Badtjala history from a personal and local perspective, that incorporates national and international histories.

APA, Harvard, Vancouver, ISO, and other styles

46

Antor, Heinz. "Post-Mabo White Settler Fables and the Negotiation of Native Title Legislation in Andrew McGahan’s The White Earth (2004)." Pólemos 10, no. 1 (April 1, 2016): 197–224. http://dx.doi.org/10.1515/pol-2016-0011.

Full text

Abstract:

Abstract In his novel The White Earth, Andrew McGahan engages with an important chapter in the history of his country, namely the period of the famous Mabo case of 1992, which overturned the doctrine of terra nullius, and the subsequent Native Title Act of 1993. This novel of initiation with gothic features draws attention to both the woeful history of the dispossession, maltreatment and partial elimination of Australian Aborigines and to the issue of how white Australians cope with this past as well as the guilt, anxieties, and loss of orientation this may create. The novel thus turns into a critical engagement with the legal history of race relations in Australia and probes possible paths for future change.

APA, Harvard, Vancouver, ISO, and other styles

47

Kartika Bintarsari, Nuriyeni. "The Cultural Genocide in Australia: A Case Study of the Forced Removal of Aborigine Children from 1912-1962." SHS Web of Conferences 54 (2018): 05002. http://dx.doi.org/10.1051/shsconf/20185405002.

Full text

Abstract:

This paper will discuss the Forced Removal Policy of Aborigine children in Australia from 1912 to 1962. The Forced Removal Policy is a Government sponsored policy to forcibly removed Aborigine children from their parent’s homes and get them educated in white people households and institutions. There was a people’s movement in Sydney, Australia, and London, Englandin 1998to bring about “Sorry Books.” Australia’s “Sorry Books” was a movement initiated by the advocacy organization Australian for Native Title (ANT) to address the failure of The Australian government in making proper apologies toward the Aboriginal and Torres Strait Islander population. The objective of this paper is to examine the extent of cultural genocide imposed by the Australian government towards its Aborigine population in the past and its modern-day implication. This paper is the result of qualitative research using literature reviews of relevant materials. The effect of the study is in highlighting mainly two things. First, the debate on the genocidal intention of the policy itself is still ongoing. Secondly, to discuss the effect of past government policies in forming the shape of national identities, in this case, the relations between the Australian government and its Aborigine population.

APA, Harvard, Vancouver, ISO, and other styles

48

Wheeler, Fiona. "Common Law Native Title in Australia — An Analysis of Mabo v Queensland [NO 2]." Federal Law Review 21, no. 2 (June 1993): 271–78. http://dx.doi.org/10.1177/0067205x9302100205.

Full text

APA, Harvard, Vancouver, ISO, and other styles

49

Ellemor, Heidi. "White skin, black heart? 1 The politics of belonging and Native Title in Australia." Social & Cultural Geography 4, no. 2 (June 2003): 233–52. http://dx.doi.org/10.1080/14649360309060.

Full text

APA, Harvard, Vancouver, ISO, and other styles

50

Goldstein, B. A., E. Alexander, D. Cockshell, M. Malavazos, and J. Zabrowarny. "THE VIRTUOUS LIFE CYCLE FOR EXPLORATION AND PRODUCTION—LEAD AND LAG FACTORS." APPEA Journal 47, no. 1 (2007): 387. http://dx.doi.org/10.1071/aj06029.

Full text

Abstract:

‘High-trust societies fare better than low-trust societies,’— Francis Fukuyama.1Trusted land access is both the first factor and the final outcome of a virtuous exploration and production life cycle. Key leading factors in the stewardship of trusted land access and a virtuous life cycle for exploration and production in South Australia include:evolutionary, best practice, objective-based legislation;transparent statements of environmental objectives (SEOs) that enable regulators to provide a one-stopshop for approvals and avoid capture;administrative arrangements between government agencies to foster expeditious co-regulatory work-flows;conjunctive native title land access agreements that are fair and sustainable in relation to development;prioritised, pre-competitive studies that reduce critical uncertainties; and,highly motivated government officers focussed on building trust and reducing uncertainties, so both the community and investors sustain positive expectations for outcomes from exploration and production investment.This paper characterises the South Australian Government’s roles and measures for success in the virtuous life cycle for petroleum and geothermal resource investment. The critical importance of local, leading actions will be demonstrated with examples, including: proposed enhancements to South Australia’s Petroleum Act 2000; streamlined but stringent project approvals; progressive achievements in native title land access agreements; the evolution of Australia’s geothermal energy sector; and, perception moulding research in the Cooper, Otway and Officer basins.

APA, Harvard, Vancouver, ISO, and other styles

Journal articles on the topic 'Native title (Australia)'

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles