Determination Of Native Title
A determination of native title by the Federal Court can be based on an agreement reached through mediation. However, where the parties are unable to reach agreement, the Court will determine the issue through normal court proceedings.
Only one determination can be made for any area, and the native titleholders are acknowledged as the exclusive indigenous owners of that area. They hold common law rights and must at very least be consulted about development on their land.
Under the protection of the common law and the Native Title Act, native titleholders have enforceable rights protecting them even against government action that affects their title.
Native Title Tribunal & Federal Court
Topic
Nov, 25, 1993
Federal Court of Australia, National Native Title Tribunal, native title, Native Title Act (1993)
Who Can Make An Application?
Topic
Federal Court of Australia, indigenous people, Mabo Case, Mabo judgement, Native Title Act (1993)
The Right To Negotiate
Topic
1999
native title, Native Title Act (1993), Native Title Amendment Bill, negotiation
What does a determination look like?
Text
Nov, 25, 1993
determinations, Federal Court of Australia, native title claim
The Miriuwung Gajerrong Determination
Text
1998
determinations, Federal Court of Australia, Kimberleys, Miriuwung Gajerrong peoples, native title claim, Northern Territory, Western Australia
Miriuwung Gajerrong & Resources
Text
1998
Australian Court Case, Canada, coexistence, Delgamuukw, determinations, Federal Court of Australia, Kimberleys, Miriuwung Gajerrong peoples, Miriuwung Gajerrong Peoples v Western Australia (1998), native title claim, Supreme Court of Canada, Western Australia, Wik
Extinguishment Of Native Title
Topic
Brennan, Chief Justice Gerard, claim, crown land, extinguishment, native title, plaintiffs, Radical Title, Supreme Court USA
General Principles Of Native Title
Topic
aboriginal law, Common Law, native title, Native Title Act (1993)
