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Native Title in Australia - Richard H. Bartlett

Native Title in Australia

Paperback Published: 19th November 2014
ISBN: 9780409333558

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This authoritative text provides a clear and comprehensive treatment of native title in Australia, covering its current operation, application to resource development and traditional pursuits and historical, political and legal background.

A clear and comprehensive treatment of native title law and its operation in Australia today

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.

About the Author

Richard Bartlett is Winthrop Professor of Law in the Faculty of Law and Co-Director of the Centre for Mining, Energy and Natural Resources Law at the University of Western Australia. He teaches mining law, resources law and native title at undergraduate, postgraduate and professional levels. His recent research has encompassed native title and resource development and water resources law. He appeared before the High Court in several leading Australian native title cases and his writings have been cited by both the High Court of Australia and the Supreme Court of Canada.

Part 1 – The Background
Ch 1 A Legal History
Ch 2 Protection and Recognition of Native Title: Mabo
Ch 3 Political and Legislative Responses to Mabo Ch 4 Pastoral Leases and Equality: Wik
Ch 5 The Ten Point Plan: Workability and the Denial of Equality
Ch 6 Retreating from Mabo and Wik: Frozen Rights and Judicial Denial of Equality: Ward
Ch 7 An Onerous Burden of Proof: Yorta Yorta
Ch 8 Nigh Impossible to Prove Native Title in Urban Areas: Bennell
Ch 9 Returning to the first principles of Mabo and Wik in Akiba and Brown
Ch 10 Efficiency Not Equality the Focus of Legislative Change
Ch 11 Constitutional Framework of Native Title

Part 2 – The Nature of Native Title
Ch 12 The Concept of Native Title
Ch 13 Proof
Ch 14 Making a Claim Under the Native Title Act 1993
Ch 15 Content of Native Title
Ch 16 Transferability and Alienability
Ch 17 The Proprietary Nature of Native Title

Part 3 – Extinguishment and Validation
Ch 18 Jurisdiction to Extinguish and Constitutional Protection
Ch 19 Extinguishment and Impairment at Common Law: 1788–1975
Ch 20 Confirming or Deemed Extinguishment: 1788–1996
Ch 21 Extinguishment and Suspension: 1975–1996 Ch 22 Disregarding Historic Extinguishment

Part 4 – Future Dealings
Ch 23 The Future Act Process

Part 5 – Agreements and Agreement Making
Ch 24 The Right to Negotiate, Agreements and Settlements
Ch 25 The Right to Negotiate
Ch 26 Indigenous Land Use Agreements
Ch 27 Consent Determinations
Ch 28 Compensation

Part 6 – Fiduciary Obligations
Ch 29 Fiduciary Obligation as to Native Title

Part 7 – Resource Developments and Traditional Pursuits
Ch 30 Minerals and Petroleum
Ch 31 Water
Ch 32 Hunting, Fishing and Gathering Rights

Part 8 – Institutions and Jurisdiction
Ch 33 The National Native Title Tribunal and the Federal Court
Ch 34 Representative Bodies
Ch 35 State and Territory Jurisdiction

Part 9 - Reflections on Mabo
Ch 36 Twenty Years After Mabo

ISBN: 9780409333558
ISBN-10: 0409333557
Audience: Tertiary; University or College
Format: Paperback
Language: English
Published: 19th November 2014
Publisher: Butterworths
Country of Publication: AU
Edition Number: 3

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