Native Title in Australia, 4th edition

Native Title in Australia, 4th edition is a clear and comprehensive treatment of Australian native title law and its operation

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ISBN/ISSN: 9780409350920

Product description

Native Title in Australia, 4th edition is a comprehensive and authoritative work that provides the reader with an understanding of both the current operation of native title in Australia and its historical and political background and development. It covers the nature of the concept, its proof, content and extinguishment, explains the validation of past grants and acts and the limited degree of protection from future acts, examines compensation for native title, and discusses the application of native title principles to resource development and traditional pursuits. It considers both the common law and the Native Title Act 1993 (Cth).

The fourth edition of this highly regarded work includes discussion on:

  • the consistent recognition of exclusive possession, use and enjoyment
  • the impact of the compensation case, Griffiths (HCA — 2019)
  • the increasing use of consent determinations and the Noongar Native Title Settlement
  • the implications of BHP (FFC — 2018) undermining the Native Title Act future act process
  • the greater adherence to principles of equality by the courts, especially as to extinguishment.

Native Title in Australia provides an ideal basis for both undergraduate and postgraduate study of native title and related indigenous issues, and is a reliable and informative source for practitioners, researchers and government bodies requiring current information in this area.

Features

  • Complex topics are explained clearly and succinctly without over-simplification
  • Thoroughly updated to include developments in legislation and case law
  • Critically examines native title principles as applied in the contemporary environment
  • Engages readers to explore how native title principles are applied in practice
  • Positions readers to examine contemporary issues in the current legal and social context

Related Titles

  • Edgeworth, Rossiter, O'Connor & Godwin, Sackville & Neave Australian Property Law, 10th ed, 2016
  • Hepburn, Australian Property Law, 4th ed, 2017
  • Webb & Stephenson, Focus: Land Law, 4th ed, 2015

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Table of contents


  • Part 1 Background

  • Chapter 1 Legal History

  • Chapter 2 Protection and Recognition of Native Title: Mabo

  • Chapter 3 Political and Legislative Responses to Mabo

  • Chapter 4 Pastoral Leases and Equality: Wik

  • Chapter 5 The Ten Point Plan: Workability and the Denial of Equality

  • Chapter 6 Retreating from Mabo and Wik — Frozen Rights and Judicial Denial of Equality:
  • Ward

  • Chapter 7 An Onerous Burden of Proof: Yorta Yorta

  • Chapter 8 Nigh Impossible to Prove Native Title in Urban Areas: Bennell

  • Chapter 9 Returning to the First Principles of Mabo and Wik in Akiba and
  • Brown

  • Chapter 10 Efficiency, Not Equality, the Focus of Legislative Change

  • Chapter 11 Constitutional Framework of Native Title

  • Part 2 Nature of Native Title

  • Chapter 12 Concept of Native Title

  • Chapter 13 Proof

  • Chapter 14 Making a Claim Under the Native Title Act 1993 (Cth)

  • Chapter 15 Content of Native Title

  • Chapter 16 Transferability and Alienability

  • Chapter 17 Proprietary Nature of Native Title

  • Part 3 Extinguishment and Validation

  • Chapter 18 Jurisdiction to Extinguish and Constitutional Protection

  • Chapter 19 Extinguishment and Impairment at Common Law: 1788–1975

  • Chapter 20 Confirming or Deemed Extinguishment: 1788–1996

  • Chapter 21 Extinguishment and Suspension: 1975–1996

  • Chapter 22 Disregarding Historic Extinguishment

  • Part 4 Future Dealings

  • Chapter 23 Future Act Process

  • Part 5 Right to Negotiate, Agreements and Settlements, and Compensation

  • Chapter 24 Development of a Framework of Negotiation, Agreements and Settlements

  • Chapter 25 Right to Negotiate

  • Chapter 26 Indigenous Land Use Agreements

  • Chapter 27 Consent Determinations

  • Chapter 28 Compensation

  • Part 6 Fiduciary Obligations

  • Chapter 29 Fiduciary Obligation as to Native Title

  • Part 7 Resource Developments and Traditional Pursuits

  • Chapter 30 Minerals and Petroleum

  • Chapter 31 Water

  • Chapter 32 Hunting, Fishing and Gathering Rights

  • Part 8 Institutions and Jurisdiction

  • Chapter 33 National Native Title Tribunal and the Federal Court

  • Chapter 34 Representative Bodies

  • Chapter 35 State and Territory Jurisdiction

  • Part 9 Reflections on Native Title

  • Chapter 36 Twenty Years to a Limited Acceptance