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Native Title from Mabo to Akiba : A Vehicle for Change and Empowerment? - Sean Brennan

Native Title from Mabo to Akiba

A Vehicle for Change and Empowerment?

By: Sean Brennan (Editor), Megan Davis (Editor), Brendan Edgeworth (Editor), Leon Terrill (Editor)

Paperback Published: 28th May 2015
ISBN: 9781862879980
Number Of Pages: 292

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Cover image taken at Mangkuna (Corkbark) on Karajarri country in the Kimberley, Western Australia - November 2014. Photography by Edward Tran. © Copyright Kimberley Land Council. This edited collection brings together some of Australia’s foremost experts in native title to provide a realistic assessment of the achievements, frustrations and possibilities of native title, two decades since the enactment of the Native Title Act 1993 (Cth), and after the most significant High Court decision on native title in more than ten years, Akiba v Commonwealth, which confirmed the existence of commercial native title fishing rights. The Indigenous and non-Indigenous authors come from a variety of disciplines and perspectives and include academics and practitioners from the fields of law, economics, anthropology, politics, history and community development. Uniting the book is a concern that native title make a real impact on the economic and social circumstances of Australia’s Indigenous communities. The book consists of two parts. Part One is entitled Legal Dynamics in the Development of Native Title. It examines the way in which Australian law has defined and often constrained the scope of this newly-recognised property right. There is a particular focus on legal issues with a direct bearing on the economic potential of native title, such as alienability and the right to trade resources and the challenges posed for anti-discrimination law. Part Two is entitled Native Title as a Vehicle for Indigenous Empowerment. Authors provide an overview of the contribution made so far by native title and the prospects for future empowerment. Detailed mapping and analysis provides readers with a geographic orientation and a sense of realism about the economic potential of the native title estate, in comparison with achievements under a parallel statutory land rights regime. This part also explains some of the challenges Indigenous groups face in areas such as governance, land reform and internal politicking, as they operate in the shadow of the law, seeking to utilise native title for greater empowerment. _______________________________________________________ Click here to view and listen to the Indigenous Empowerment panel discussion which includes video and audio webcasts, photos and a review essay.

Industry Reviews

Legal recognition of Indigenous ownership of land was a ground breaking first step. Legislative, judicial and other hurdles to capitalising on the recognition remain and will take time to explore and overcome. Decades of neglect of Indigenous people in terms of education, self-belief and involvement in decision-making has left an initial dearth of experienced decision-makers capable of maximising the benefit of the opportunity that this recognition has presented. There are some signs of improvement and the CLC model, which has been in existence for much longer than others, shows some very positive results. Empowerment is a developing prospect. Most importantly for Indigenous people is the awareness that their condition is now changing after decades of benevolent direction. As Kelly and Bradfield write "It is up to us as Noongar, we are the people we have been waiting for". Read full review... - Danny Masters, Law Letter, The Law Society of Tasmania, Winter/Spring 2017

AcknowledgmentsAbout the Contributors

Part One: Legal Dynamics in the Development of Native Title The Idea of Native Title as a Vehicle for Change and Indigenous Empowerment Sean Brennan, Megan Davis, Brendan Edgeworth and Leon Terrill The Legal Shortcomings of Native Title Bret Walker A Judge’s Reflections on Native Title Paul Finn The Significance of the Akiba Torres Strait Regional Sea Claim Case Sean Brennan The Right to Resources and the Right to Trade Lisa Strelein The Inalienability of Native Title in Australia: A Conclusion in Search of a Rationale David Yarrow The Mabo ‘Vibe’ and its Many Resonances in Australian Property Law Brendan Edgeworth Dancing with Strangers: Native Title and Australian Understandings of Race Discrimination Jonathon Hunyor

Part Two: Native Title as a Vehicle for Indigenous Empowerment Burgeoning Indigenous Land Ownership: Diverse Values and Strategic Potentialities Jon Altman and Francis Markham The Relevance of Statutory Land Rights to Native Title and Empowerment Andrew Chalk and Sean Brennan Native Title, Aboriginal Self-Government and Economic Participation Ciaran O’Faircheallaigh Maximising the Potential for Empowerment: The Sustainability of Indigenous Native Title Corporations Marcia Langton Indigenous Incorporation as a Means to Empowerment Tim Rowse Ancestry and Rights to Country: The Politics of Social Inclusion in Native Title Negotiations David Trigger Hernando De Soto and Empowerment through Land Tenure Reform Leon Terrill Making Use of Payments: A Community Development Model Danielle Campbell and Janet Hunt Negotiating a Noongar Native Title Settlement Glen Kelly and Stuart Bradfield


ISBN: 9781862879980
ISBN-10: 1862879982
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 292
Published: 28th May 2015
Country of Publication: AU
Dimensions (cm): 23.5 x 15.9
Weight (kg): 0.46

Earn 149 Qantas Points
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