Journal articles: 'Native title'

1

Seidel, Peter. "Native Title." Alternative Law Journal 29, no. 2 (April 2004): 70–74. http://dx.doi.org/10.1177/1037969x0402900203.

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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.

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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.

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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.

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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.

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Reilly, Alexander. "Cartography and native title." Journal of Australian Studies 27, no. 79 (January 2003): 1–14. http://dx.doi.org/10.1080/14443050309387883.

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5

Sandman, M. S. "DEVELOPMENTS IN NATIVE TITLE." APPEA Journal 39, no. 2 (1999): 99. http://dx.doi.org/10.1071/aj98063.

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Amendments to the Commonwealth Native Title Act came into force on 30 September, 1988.The amendments are complicated and detailed and significantly alter the manner in which resource companies and governments are required to act in order to comply with native title legislation. Some of the most significant features of the legislation are as follows:Native Title applications will be made to the Federal Court instead of the National Native Title Tribunal.The right to negotiate is subject to change.Native Title applicants are required to pass a new registration test to gain the right to negotiate.New State and Territory bodies may assume the role of the National Native Title Tribunal. These bodies will require State and Territory legislation and the approval of the Commonwealth Minister.People making an application for a determination of Native Title will be required to confirm that they have the authority of the people on whose behalf the application is made. Native title representative bodies will have a new certifying role to confirm this authority.Changes have also been made to broaden the type of land use agreements that can be entered into in relation to native title, that will be specifically recognised by the Native Title Act. These are described as Indigenous Land Use Agreements (ILUA's).In addition, recent seemingly conflicting decisions of the Federal Court have only added to the uncertainty.

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6

Singh, Manvender Kaur Sarjit, Muhammad Imran Shah, Eram Jamil, and Rabia Feroz. "Semiotics with Style and Situation: Multi-modal Comparative Analysis of Title pages of Native and Non-native English Novels." Register Journal 14, no. 2 (December 1, 2021): 263–82. http://dx.doi.org/10.18326/rgt.v14i2.263-282.

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The communicative function of text can be obtained through the multimodal analysis of the text which contains the interaction and integration of two or more semiotic resources, graphics and text. This study investigated the structure of the titles and graphics of the title pages along with the situation of the content of native and non-native title pages of English novels of modern age. 20 title pages including 10 modern native and non-native English novels are randomly selected from the Google search engine. Multimodal analysis including Jeffries (2016) model to analyse the structure of the text of the title pages, Davy (2013) model to analyse the graphical features of the title pages and Bernstein (2003) to investigate the situational features presented in the title pages of the novels have been followed. A bench mark technique was used to identify the graphics of title pages, structure of the title phrases and situation presented in the title pages. The results generated from qualitative analysis indicated that mostly the native authors observed all of the features mentioned by the great linguists, stylitions and graphic experts while selecting the design of title pages whereas, non-native authors and publisher have not kept these features in mind while selecting the contents of title page of their composition. It causes lack of readership as the readers cannot extract maximum information from the title page. The study has opened new dimensions to the new researchers and it also beneficial for the authors and publisher in the selection of the title pages.Key words: Semiotics, Graphics, Situation, Text, Title-page

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7

Young, D., G. Scott, and J. Norris. "RECENT DEVELOPMENTS IN NATIVE TITLE LAW AND CULTURAL HERITAGE AFFECTING THE PETROLEUM INDUSTRY—CERTAINTY, BUT AT A PRICE." APPEA Journal 44, no. 1 (2004): 741. http://dx.doi.org/10.1071/aj03038.

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The mosaic of the common law relating to Native Title, which underpins the Native Title and other Acts, continues to be filled in by the courts increasing certainty for all parties. Last year saw the High Court’s Ward decision—the most significant decision for the petroleum industry since Mabo in 1992. Since then there have been three more important decisions, which while not making new law, have shown how the principles enunciated in Ward and Yorta Yorta are being applied. Some of the cases examined include the Daniel and De Rose Hill decisions, which have application to petroleum tenements.This paper will outline the recent developments, and demonstrate how the decisions have reduced uncertainty, thereby narrowing the areas about which negotiation must occur. The hurdle for proving the existence of Native Title remains high.It has not all been in favour of industry, however. Increasingly, Native Title cases, such as Daniels have resulted in unexpected findings that some conventional titles had been invalidly granted. Titles which seemingly ought to have extinguished Native Title have turned out to be invalid, and in many cases irretrievably so. The paper looks at the implications of this for industry as well.

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8

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.

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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.

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9

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.

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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.

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10

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.

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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.

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11

Malbon, Justin. "The Extinguishment of Native Title." Griffith Law Review 12, no. 2 (January 2003): 310–35. http://dx.doi.org/10.1080/10383441.2003.10854523.

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12

Silverstein, Ben. "The Rule of Native Title." Griffith Law Review 16, no. 1 (January 2007): 55–82. http://dx.doi.org/10.1080/10383441.2007.10854582.

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13

WENSING, ED. "Native Title and local government." Australian Planner 36, no. 4 (January 1999): 184–85. http://dx.doi.org/10.1080/07293682.1999.9665757.

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14

Nielsen, Jennifer. "Lawful Destruction, Native Title and Epistemicide." Legalities 2, no. 1 (March 2022): 46–63. http://dx.doi.org/10.3366/legal.2022.0027.

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15

Cerexhe, Carolyn. "Getting Talked Out of Native Title." Australian Journal of Human Rights 4, no. 1 (December 1997): 145–54. http://dx.doi.org/10.1080/1323238x.1997.11910986.

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16

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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17

Margerum, Richard, Victor Hart, and Jo Lampert. "Native title and the planning profession." Australian Planner 40, no. 1 (January 2003): 46–54. http://dx.doi.org/10.1080/07293682.2003.9995251.

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18

Nettheim, Garth. "The Uncertain Dimensions of Native Title." Australian Quarterly 65, no. 4 (1993): 55. http://dx.doi.org/10.2307/20635742.

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19

French, Justice Robert. "Native Title—The Spatial Information Sponge." Cartography 27, no. 2 (December 1998): 1–9. http://dx.doi.org/10.1080/00690805.1998.9714272.

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20

Murray, Ian. "Native Title Tax Reforms: Bull's Eye or Wide of the Mark?" Federal Law Review 41, no. 3 (September 2013): 497–524. http://dx.doi.org/10.22145/flr.41.3.5.

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Twenty years on from Mabo v Queensland (No 2) (1992) 175 CLR 1, there is change afoot in the tax treatment of native title. On 25 June 2013, the federal Parliament passed reforms which render certain payments to, or for the benefit of, Indigenous persons exempt from income tax. To qualify, the payments must be made under native title agreements for acts affecting native title, or by way of compensation under the Native Title Act 1993 (Cth). While drafted in simple language, the reforms apply against a complex factual backdrop of native title agreements, trust structures and social policy issues. This paper argues that the reforms are likely to cause significant implementation difficulties for energy and resources proponents and Indigenous groups. They also raise potential hurdles for the government's objectives of reducing uncertainty in the tax treatment of native title rights and of improving economic and social outcomes for native title groups. The significance of these problems is highlighted by the scale of benefits under native title agreements over land access. The paper therefore questions whether an earlier option raised by the government, an Indigenous Community Fund model, deserves further consideration. It would more directly link tax exemption to outcomes, would improve the certainty of tax treatment and would also better support the intermediary Indigenous benefits management institutions which will play a critical role in achieving those outcomes.

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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.

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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.

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22

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

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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.

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23

Altman, J. C. "NATIVE TITLE AND THE PETROLEUM INDUSTRY: RECENT DEVELOPMENTS, OPTIONS, RISKS AND STRATEGIC CHOICES." APPEA Journal 36, no. 2 (1996): 139. http://dx.doi.org/10.1071/aj95074.

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The Native Title Act 1993 (NTA) introduces a new dimension to Australia's land tenure systems; new property rights are established for native title parties via the creation of a 'right to negotiate' (RTN) with respect to future acts on land where native title might be determined. There is growing recognition that, legal uncertainties about the potential co-existence of native title on pastoral leases aside, there are elements of the NTA that are resulting in sub-optimal outcomes for the petroleum industry. Within a Coasian analytical framework it is demonstrated that owing to unclear property rights, transactions costs for negotiating exploration and production with native title parties are high. Recognising this, the Commonwealth government has proposed a package of amendments that attempt to address industry concerns while balancing these against indigenous interests. These recommendations include a once-only RTN, a higher threshold for registration of claims, automatic renewal of existing production leases and mandatory statutory functions for Native Title Representative Bodies (NTRBs) that will require them to resolve competing native title claims and to sign-off agreements with resource developers. Noting that strategic behaviour by industry, indigenous parties and especially State governments have hampered effective operations of the NTA, the paper ends by considering the choices available to the petroleum industry to ensure that statutory amendments are in its best interests.

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24

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.

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25

McLean. "Native Title—A New Wave of Dispossession." ab-Original 3, no. 2 (2020): 212. http://dx.doi.org/10.5325/aboriginal.3.2.0212.

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Clarke, Jennifer. "Book Review: Commercial Implications of Native Title." Federal Law Review 25, no. 2 (June 1997): 385–90. http://dx.doi.org/10.22145/flr.25.2.8.

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Stewart, Miranda. "The Income Taxation of Native Title Agreements." Federal Law Review 39, no. 3 (September 2011): 361–98. http://dx.doi.org/10.22145/flr.39.3.2.

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Williams, David V. "Bain Attwood on making up Native Title." History Australia 18, no. 3 (July 3, 2021): 616–17. http://dx.doi.org/10.1080/14490854.2021.1956343.

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McLean, Adam. "Native Title—A New Wave of Dispossession." ab-Original 3, no. 2 (September 1, 2020): 212–32. http://dx.doi.org/10.5325/aboriginal.3.2.212.

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Abstract In 2003, anthropologist Professor Peter Sutton wrote, “To demand of a kin-based society that it produce simple, stable and definitive lists of rights and rights-holders in land and waters is ethnocentric,” and “codification, at least for many such groups, is itself contrary to their own laws and customs.” However, despite warnings by Sutton and others, the structuring of native title and related claims and determinations have continued just as warned against. It is argued here that this phenomenon is the result of attempts to accommodate the demands of non-Indigenous political, legal, and economic structures to have simply defined groups and consequent corporate identities that are recognizable to, and controllable by, dominant non-Indigenous structures. The consequent corporate identities, the Prescribed Bodies Corporate (PBC), are a modern version of the system of king plates of old and more needs to be done to ensure recognition of complex traditional law systems.

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30

Crowder, George. "Native Title, Liberalism, and Limits of ‘Difference’." Policy, Organisation and Society 15, no. 1 (June 1998): 163–71. http://dx.doi.org/10.1080/10349952.1998.11876684.

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31

Rigney, Lester Irabinna. "Native title, the stolen generation and reconciliation." Interventions 1, no. 1 (October 1998): 125–30. http://dx.doi.org/10.1080/13698019800510181.

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Clarke, Jennifer. "Book Review: Commercial Implications of Native Title." Federal Law Review 25, no. 2 (June 1997): 385–90. http://dx.doi.org/10.1177/0067205x9702500208.

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33

Weiner, James F. "The anthropology of and for native title." Asia Pacific Journal of Anthropology 1, no. 2 (September 2000): 124–32. http://dx.doi.org/10.1080/14442210010001705960.

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Stewart, Miranda. "The Income Taxation of Native Title Agreements." Federal Law Review 39, no. 3 (September 2011): 361–98. http://dx.doi.org/10.1177/0067205x1103900302.

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Rowse, Tim. "How We Got a Native Title Act." Australian Quarterly 65, no. 4 (1993): 110. http://dx.doi.org/10.2307/20635746.

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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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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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Flanders, Nicholas E. "The ANCSA Amendments of 1987 and land management in Alaska." Polar Record 25, no. 155 (October 1989): 315–22. http://dx.doi.org/10.1017/s0032247400019501.

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AbstractThe original Alaska Native Claims Settlement Act, passed in 1971, gave Alaska Native corporations fee simple title to 18 million hectares of Alaskan land. Within a few years of its passage, however, Alaska Natives grew concerned that this land would be lost through mismanagement of the corporations or forced into development by property taxation. Because large numbers of Alaska Natives depend upon subsistence hunting and fishing, the loss of the land, or its use for activities incompatible with subsistence, could have been devastating. Amendments of 1987 (PL 100–241) protect Native corporation land by placing all undeveloped land in a land bank and allowing for the formation of ‘Settlement Trusts“. More importantly, Congress recognized that the Native subsistence economy and culture are significant factors in the management of Native lands.

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Carstens, Margret. "Territorialrechte in Australien – Native Title-Änderungsgesetze 2009/10." Verfassung in Recht und Übersee 43, no. 4 (2010): 506–14. http://dx.doi.org/10.5771/0506-7286-2010-4-506.

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Carstens, Margret. "25 years of native title – Mabo and beyond." Verfassung in Recht und Übersee 52, no. 2 (2019): 224–45. http://dx.doi.org/10.5771/0506-7286-2019-2-224.

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Reid, Leya. "Native Title, land rights and Aboriginal self-determination." NEW: Emerging scholars in Australian Indigenous Studies 4, no. 1 (March 15, 2019): 8–13. http://dx.doi.org/10.5130/nesais.v4i1.1537.

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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.

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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.

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Young, Doug, and Stuart MacGregor. "SIGNIFICANCE OF NATIVE TITLE TO THE PETROLEUM INDUSTRY." APPEA Journal 42, no. 2 (2002): 163. http://dx.doi.org/10.1071/aj01066.

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This year is the 10th anniversary of the High Court’s decision in Mabo [No 2]. This paper presents a potted version of what has occurred over the past decade and then a more detailed summary of what has happened over the past year, including recent native title and cultural heritage cases and legislative amendments and their impact on both onshore and offshore petroleum explores and producers. It also looks at the issues likely to be considered by the High Court in the long-awaited decision in the Miriuwung Gajerrong (Ward) case.

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44

Ritter, David. "The Ideological Foundations of Arguments About Native Title." Australian Journal of Political Science 45, no. 2 (May 17, 2010): 191–207. http://dx.doi.org/10.1080/10361141003736125.

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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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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.

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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.

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48

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.

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49

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.

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50

Pannell, Sandra, and Daniel Vachon. "Notes and Queries in the Native Title Era." Australian Journal of Anthropology 12, no. 2 (August 2001): 238–44. http://dx.doi.org/10.1111/j.1835-9310.2001.tb00309.x.

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Journal articles on the topic 'Native title'

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