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Native title in Australia

Index Native title in Australia

In Australia, the common law doctrine of Aboriginal title is referred to as native title, which is "the recognition by Australian law that Indigenous people have rights and interests to their land that come from their traditional laws and customs". [1]

70 relations: Aboriginal Land Rights Act 1976, Aboriginal Land Rights Commission, Aboriginal land rights in Australia, Aboriginal title, Allodial title, Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981, Australian Aboriginal Sovereignty, Australian Law Reports, Batman's Treaty, Bundle of rights, Clan, Common law, Commonwealth Law Reports, Commonwealth v Yarmirr, Croker Island (Northern Territory), Damages, Department of Foreign Affairs and Trade (Australia), Federal Court of Australia, Federal Register of Legislation, Fraser Government, Gerard Brennan, Harry Gibbs, High Court of Australia, Howard Government, Indigenous Australians, Jardwadjali, Keating Government, Lacrosse Island, Land registration, Law Reports, List of Law Reports in Australia, List of native title claims in South Australia, Mabo v Queensland (No 2), Malcolm Lee (judge), Mediation in Australia, Members of the Yorta Yorta Aboriginal Community v Victoria, Mike Rann, Milirrpum v Nabalco Pty Ltd, Murray Island, Queensland, Murray Wilcox, National Native Title Tribunal, Native Title Act 1993, Native Title Amendment Act 1998, Native title in Australia, Native title legislation in Australia, Native Title Prescribed Body Corporate, Noongar, Northern Territory, Parliament of Australia, Pastoral lease, ..., Paul Coe, Perth, Port Phillip District, Richard Blackburn, Ron Merkel, Rudd Government (2007–10), South Australia, Sovereignty, Supreme Court of the Northern Territory, Terra nullius, The Age, The Crown, Torres Strait Islanders, Victoria (Australia), Wergaia, Western Australia, Whitlam Government, Wik Peoples v Queensland, Wimmera, Yorta Yorta. Expand index (20 more) »

Aboriginal Land Rights Act 1976

The Aboriginal Land Rights (Northern Territory) Act provides the basis upon which Aboriginal people in the Northern Territory can claim rights to land based on traditional occupation.

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Aboriginal Land Rights Commission

The Aboriginal Land Rights Commission, also known as the Woodward Royal Commission, existed 1973 to 1974 with the purpose to inquire into appropriate ways to recognise Aboriginal land rights in the Northern Territory of Australia.

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Aboriginal land rights in Australia

Aboriginal land rights in Australia are return of lands to Indigenous Australians by the Commonwealth, state or territory governments of Australia based on recognition of dispossession.

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Aboriginal title

Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism.

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Allodial title

Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord.

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Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981

The Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 grants certain land and other rights to the Anangu Pitjantjatjara Yankunytjatjara (the people of the Pitjantjatjara and Yankunytjatjara dialects) in South Australia.

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Australian Aboriginal Sovereignty

Australian Aboriginal Sovereignty is a political movement amongst Indigenous Australians and supported by others in the 20th and 21st centuries, demanding control of parts of Australia by indigenous peoples.

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Australian Law Reports

The Australian Law Reports are an unauthorised series of law reports which report cases from the High Court of Australia, Federal Court of Australia and the Supreme Courts of the states and territories exercising federal jurisdiction.

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Batman's Treaty

Batman's Treaty was an agreement between John Batman, an Australian grazier, businessman and explorer, and a group of Wurundjeri elders, for the purchase of land around Port Phillip, near the present site of Melbourne.

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Bundle of rights

The bundle of rights is a metaphor to explain the complexities of property ownership.

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Clan

A clan is a group of people united by actual or perceived kinship and descent.

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Common law

Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.

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Commonwealth Law Reports

The Commonwealth Law Reports (CLR) are the authorised reports of decisions of the High Court of Australia.

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Commonwealth v Yarmirr

Yarmirr v Northern Territory, that was an application for the determination of native title to seas, sea-bed and sub-soil, ultimately determined on appeal to the High Court of Australia.

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Croker Island (Northern Territory)

Croker Island is an island in the Arafura Sea off the coast of the Northern Territory, Australia, 200 km northeast of Darwin.

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Damages

In law, damages are an award, typically of money, to be paid to a person as compensation for loss or injury.

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Department of Foreign Affairs and Trade (Australia)

The Australian Department of Foreign Affairs and Trade (also called DFAT, ˈdiː.fæˑt, DEE-fat) is the department of the Government of Australia with the responsibility of the foreign policy, foreign relations, foreign aid, consular services, and trade and investment of the Commonwealth of Australia.

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Federal Court of Australia

The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) criminal matters.

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Federal Register of Legislation

The Federal Register of Legislation (formerly ComLaw), also known as the Legislation Register, is an Australian government web site run by the Office of Parliamentary Counsel since October 2012 that provides online copies of Commonwealth legislation and related documents.

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Fraser Government

The Fraser Government was the federal executive government of Australia led by Prime Minister Malcolm Fraser.

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Gerard Brennan

Sir Francis Gerard Brennan,, (born 22 May 1928) is an Australian lawyer and jurist who served as the 10th Chief Justice of Australia (appointed by Prime Minister Paul Keating in 1995).

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Harry Gibbs

Sir Harry Talbot Gibbs, GCMG, AC, KBE, QC (7 February 191725 June 2005) was Chief Justice of the High Court of Australia from 1981 to 1987 after serving as a member of the High Court between 1970 and 1981.

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High Court of Australia

The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia.

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Howard Government

The Howard Government refers to the federal executive government of Australia led by Prime Minister John Howard between 11 March 1996 and 3 December 2007.

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Indigenous Australians

Indigenous Australians are the Aboriginal and Torres Strait Islander people of Australia, descended from groups that existed in Australia and surrounding islands prior to British colonisation.

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Jardwadjali

The Jardwadjali (also known as the Jaadwa) are Indigenous Australians of the State of Victoria, whose traditional lands occupy the lands in the upper Wimmera River watershed east to Gariwerd (Grampians) and west to Lake Bringalbert.

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Keating Government

The Keating Government was the federal executive government of Australia led by Prime Minister Paul Keating of the Australian Labor Party from 1991 to 1996.

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Lacrosse Island

Lacrosse Island is an island in the Cambridge Gulf in the Kimberley region of Western Australia, it is located between Cape Domett on the eastern shore, and Cape Dussejour on the western.

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Land registration

Land registration generally describes systems by which matters concerning ownership, possession or other rights in land can be recorded (usually with a government agency or department) to provide evidence of title, facilitate transactions and to prevent unlawful disposal.

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Law Reports

The Law Reports is the name of a series of law reports published by the Incorporated Council of Law Reporting.

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List of Law Reports in Australia

This is a list of Law reports covering the decisions of Australian Courts.

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List of native title claims in South Australia

Native title claims may be made in any Australian jurisdiction under the Native Title Act 1993.

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Mabo v Queensland (No 2)

Mabo v Queensland (No 2) (commonly known as Mabo).

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Malcolm Lee (judge)

Malcolm Cameron Lee is a former judge that served on the Federal Court of Australia.

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Mediation in Australia

Mediation in the multi-cultural society of Australia, as a form of dispute resolution, may involve understanding the role that culture plays.

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Members of the Yorta Yorta Aboriginal Community v Victoria

Yorta Yorta v Victoria was a native title claim by the Yorta Yorta indigenous people of north central Victoria, Australia which was dismissed by Justice Olney of the Federal Court of Australia in 1998.

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Mike Rann

Michael David Rann,, (born 5 January 1953) is an Australian former politician who was the 44th Premier of South Australia from 2002 to 2011.

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Milirrpum v Nabalco Pty Ltd

Milirrpum v Nabalco Pty LtdMilirrpum v Nabalco Pty Ltd (1971) 17 FLR 141 (27 April 1971) Supreme Court (NT).

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Murray Island, Queensland

Murray Island, also called Mer in the native Meriam language, is a small island of volcanic origin, the most easterly inhabited island of the Torres Strait Islands archipelago, just north of the Great Barrier Reef.

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Murray Wilcox

Murray Rutledge Wilcox, AO, QC is a former Australian Federal Court Judge, serving from 11 May 1984 until retiring on 2 October 2006.

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National Native Title Tribunal

The National Native Title Tribunal is an independent body established under the Native Title Act 1993 (Cth) as a special measure for the advancement and protection of Aboriginal peoples and Torres Strait Islanders (Indigenous Australians) See native title in Australia.

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Native Title Act 1993

The Native Title Act 1993 ("NTA") is a law passed by the Australian Parliament the purpose of which is "to provide a national system for the recognition and protection of native title and for its co-existence with the national land management system".

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Native Title Amendment Act 1998

The Native Title Amendment Act 1998 (Cth), also commonly referred to as the "10 Point Plan" is an Australian native title law created by the John Howard led Liberal Government in response to the 1996 Wik Decision by the High Court of Australia.

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Native title in Australia

In Australia, the common law doctrine of Aboriginal title is referred to as native title, which is "the recognition by Australian law that Indigenous people have rights and interests to their land that come from their traditional laws and customs".

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Native title legislation in Australia

Commonwealth, State, and Territory Parliaments of Australia have passed legislation codifying and modifying native title under the common law.

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Native Title Prescribed Body Corporate

A prescribed body corporate for the purposes of native title is a corporation required to be nominated by a group of Aboriginal or Torres Strait Islander people to hold and manage (as trustee) or manage (as agent) their native title rights and interests when that group has succeeded in having their native title recognised in a Federal Court determination.

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Noongar

The Noongar (also spelt Nyungar, Nyoongar, Nyoongah, Nyungah, Nyugah, Yunga) are a constellation of peoples of Indigenous Australian descent who live in the south-west corner of Western Australia, from Geraldton on the west coast to Esperance on the south coast.

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Northern Territory

The Northern Territory (abbreviated as NT) is a federal Australian territory in the central and central northern regions of Australia.

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Parliament of Australia

The Parliament of Australia (officially the Federal Parliament; also known as the Commonwealth Parliament or just Parliament) is the legislative branch of the government of Australia.

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Pastoral lease

A pastoral lease is an arrangement used in both Australia and New Zealand where Crown land is leased by government generally for the purpose of grazing on rangelands.

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Paul Coe

Paul Coe (born c.1949), a Wiradjuri man born at Erambie Mission in Cowra, is an Australian Aboriginal activist.

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Perth

Perth is the capital and largest city of the Australian state of Western Australia.

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Port Phillip District

The Port Phillip District was a historical administrative division of the Colony of New South Wales, which existed from September 1836 until 1 July 1851, when it was separated from New South Wales and became the Colony of Victoria.

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Richard Blackburn

Sir Richard Arthur Blackburn, (26 July 1918 – 1 October 1987) was an Australian judge, prominent legal academic and military officer.

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Ron Merkel

Ron Merkel is an Australian jurist, who was formerly a Judge of the Federal Court of Australia.

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Rudd Government (2007–10)

The Rudd Government (2007–10) was the government of Australia formed by the Australian Labor Party and led by Kevin Rudd as Prime Minister.

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South Australia

South Australia (abbreviated as SA) is a state in the southern central part of Australia.

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Sovereignty

Sovereignty is the full right and power of a governing body over itself, without any interference from outside sources or bodies.

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Supreme Court of the Northern Territory

The Supreme Court of the Northern Territory is the superior court for the Australian Territory of the Northern Territory.

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Terra nullius

Terra nullius (plural terrae nullius) is a Latin expression meaning "nobody's land", and is a principle sometimes used in international law to describe territory that may be acquired by a state's occupation of it.

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The Age

The Age is a daily newspaper that has been published in Melbourne, Australia, since 1854.

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The Crown

The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their sub-divisions (such as Crown dependencies, provinces, or states).

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Torres Strait Islanders

Torres Strait Islanders are the indigenous people of the Torres Strait Islands, part of Queensland, Australia.

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Victoria (Australia)

Victoria (abbreviated as Vic) is a state in south-eastern Australia.

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Wergaia

Wergaia or Werrigia is an indigenous Australian language group in the Wimmera region of north-Western Victoria.

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Western Australia

Western Australia (abbreviated as WA) is a state occupying the entire western third of Australia.

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Whitlam Government

The Whitlam Government was the federal executive government of Australia led by Prime Minister Gough Whitlam.

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Wik Peoples v Queensland

Wik Peoples v The State of Queensland,.

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Wimmera

The Wimmera is a region of the Australian state of Victoria.

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Yorta Yorta

The Yorta Yorta, also known as Jotijota, are an indigenous Australian people who have traditionally inhabited the area surrounding the junction of the Goulburn and Murray Rivers in present-day north-eastern Victoria and southern New South Wales.

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Redirects here:

Australian Aboriginal land rights, Bodney v Bennell, Western Australia v Ward.

References

[1] https://en.wikipedia.org/wiki/Native_title_in_Australia

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