Includes bibliographical references (pages 937-946) and index.
Contents:
pt. 1. Background -- pt. 2. Nature of native title -- pt. 3. Extinguishment and validation -- pt. 4. Future dealings -- pt. 5. Right to negotiate, agreements and settlements, and compensation -- pt. 6. Fiduciary obligations -- pt. 7. Resource developments and traditional pursuits -- pt. 8. Institutions and jurisdiction -- pt. 9. Reflections on native title.
Summary:
"Native Title in Australia, 4th edition is a comprehensive and authoritative work that 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 the validation of past grants and acts and the limited degree of protection from future acts, examines compensation for native title, and discusses the application of native title principles to resource development and traditional pursuits. It considers both the common law and the Native Title Act 1993 (Cth). The fourth edition of this highly regarded work includes discussion on: the consistent recognition of exclusive possession, use and enjoyment; the impact of the compensation case, Griffiths (HCA -- 2019); the increasing use of consent determinations and the Noongar Native Title Settlement; the implications of BHP (FFC -- 2018) undermining the Native Title Act future act process; and the greater adherence to principles of equality by the courts, especially as to extinguishment. This book 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."
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.