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Native title has been endorsed as part of the common law of Australia ever since 1992, and has been synchronized by statute since 1994.
Member rating: No Rating | Words: | Submitted: Mon Jan 05 2004
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Summary The NTA established the National Native Title Tribunal to manage claims to native title and/or compensation and provided for recognized State/Territory Bodies to perform similar functions; it provided for the validation of `past acts' affecting native title which might otherwise be invalid because of native title. Then there is traditional Aboriginal law and custom or, more accurately, the laws and customs of each aboriginal group holding native title. Furthermore, the overall outcome of the amendments will be to moderate the state of affairs where native title may tolerate through the extinguishment provisions and reduce the ability of native title holders to have a meaningful say in respect of developments on native title land which may impair or extinguish their native title rights. Native title is a property right recognized by the Australian legal system and native title holders should be treated equally with other property holders. Introduction Native title has been endorsed...
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