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Native Title in Australia

Course Codes : LAWS7932

Native Title in Australia

ISBN 9780409333558
Edition 3 ed
Publication Date
Publisher LexisNexis
This comprehensive and authoritative work 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 its limited degree of protection in the context of future acts, and discusses the application of native title principles to resource development and traditional pursuits. It necessarily considers both the common law and the Native Title Act. In the third edition of this highly regarded work, the author provides insightful discussion and analysis of many developments, including: the more moderate approach to extinguishment underlying recent High Court decisions such as Akiba v Commonwealth (2013), Karpany v Dietman (2013) and Western Australia v Brown (2014); confirmation of the native title right to engage in commercial exploitation of a resource, grounded in traditional laws and customs; observations on the increased usage of indigenous land use agreements and consent determinations; the inclusion of more substantial native title content in consent determinations; the legislative trend for amendments to the Native Title Act to be directed to efficiency and efficacy, rather than equality, to deliver an effective and timely process. A reflection on the 20 years since the decision in Mabo is also included. 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.

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