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Native Title In Australia
Native title is the designation given to the common law doctrine of Aboriginal title in Australia, which is the recognition by Australian law that Indigenous Australians (both Aboriginal Australian and Torres Strait Islander people) have rights and interests to their land that derive from their traditional laws and customs. The concept recognises that in certain cases there was and is a continued beneficial legal interest in land held by Indigenous peoples which survived the acquisition of radical title to the land by the Crown at the time of sovereignty. Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title over the same land. The foundational case for native title in Australia was ''Mabo v Queensland (No 2)'' (1992). One year after the recognition of the legal concept of native title in ''Mabo'', the Keating Government formalised the recognition by legislation with the enactment by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Native 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. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively. Aboriginal title is also referred to as indigenous title, native title ( in Australia), original Indian title ( in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary internat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Native Title Tribunal
The National Native Title Tribunal (NNTT) is an independent body established under the ''Native Title Act 1993'' in Australia as a special measure for the advancement and protection of Aboriginal and Torres Strait Islander peoples (Indigenous Australians). It manages applications for and administration of native title in Australia. Description The National Native Title Tribunal comprises a President and Members appointed by the Governor-General of Australia under the Act to make decisions, conduct inquiries, reviews and mediations, and assist various parties with native title applications in Australia, and Indigenous land use agreements (ILUAs). Text was copied from this source, which is available under Attribution 4.0 International (CC BY 4.0)licence (as pethis page. The NNTT is supported by the Native Title Registrar, also appointed by the Governor-General. The statutory office-holders of the Tribunal each have separate and specific functions and responsibilities to perform ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exclusive Possession
In law, possession is the control a person intentionally exercises toward a thing. Like ownership, the possession of anything is commonly regulated by country under property law. In all cases, to possess something, a person must have an intention to possess it. A person may be in possession of some property (although possession does not always imply ownership). Intention to possess An intention to possess (sometimes called ''animus possidendi'') is the other component of possession. All that is required is an intention to possess something for the time being. In common law countries, the intention to possess a thing is a fact. Normally, it is proved by the acts of control and surrounding circumstances. It is possible to intend to possess something without knowing that it exists. For example, if you intend to possess a suitcase, then you intend to possess its contents, even though you do not know what it contains. It is important to distinguish between the intention sufficient ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aboriginal Land Council
Land councils, also known as Aboriginal land councils, or land and sea councils, are Australian community organisations, generally organised by region, that are commonly formed to represent the Indigenous Australians (both Aboriginal Australians and Torres Strait Islander people) who occupied their particular region before the arrival of European settlers. They have historically advocated for recognition of traditional land rights, and also for the rights of Indigenous people in other areas such as equal wages and adequate housing. Land councils are self-supporting, and not funded by state or federal taxes. The first land councils were created in the Northern Territory under the ''Aboriginal Land Rights Act 1976'', with the states later creating their own legislation and system of land councils. Aboriginal land trusts (ALTs) were also set up under the Act, which hold the freehold title to the land granted under the Act. There are 151 Aboriginal land trusts, holding nearly 50 pe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aboriginal Land Rights Act 1976
The ''Aboriginal Land Rights (Northern Territory) Act 1976'' (ALRA) is Australian federal government legislation that provides the basis upon which Aboriginal Australian people in the Northern Territory can claim rights to land based on traditional occupation. It was the first law by any Australian government that legally recognised the Aboriginal system of land ownership, and legislated the concept of inalienable freehold title, as such was a fundamental piece of social reform. Its long title is ''An Act providing for the granting of Traditional Aboriginal Land in the Northern Territory for the benefit of Aboriginals, and for other purposes''. The most significant amendments to the Act were effected by the passing of the ''Aboriginal Land Rights (Northern Territory) Amendment Bill 2006'', effective 1 July 2007. History The results of the 1967 Australian referendum meant that the Federal Government could make special laws relating to Aboriginal people which could override an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Aboriginal Customary Law
Indigenous Australian customary law refers to the legal systems and practices uniquely belonging to Indigenous Australians of Australia, that is, Aboriginal and Torres Strait Islander people. Background and description Indigenous peoples of Australia comprise two groups with very different histories, ethnicities and customs: Aboriginal peoples and Torres Strait Islanders. Torres Strait Islanders are "strictly monogamous ndmostly church-married". The most notable customary practice differing from usual practice among non-Indigenous Australians is that of adoption, known as '' kupai omasker'', by members of the extended family or friends. The reasons differ depending on which of the many Torres Islander cultures the person belongs to. Most studies have looked exclusively at Aboriginal law and lore, with regard to personal and social customs. Aboriginal customary law developed over time from accepted moral and social norms within Indigenous societies. They regulate human behavi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perpetual Lease
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property. Leasehold is a form of land tenure or property tenure where one party buys the right to occupy land or a building for a given length of time. As a lease is a legal estate, leasehold estate can be bought and sold on the open market. A leasehold thus differs from a freehold or fee simple where the ownership of a property is purchased outright and thereafter held for an indeterminate length of time, and also differs from a tenancy where a property is let (rented) on a periodic basis such as weekly or monthly. Terminology and types of leasehold vary from country to country. Sometimes, but not always, a residential tenancy under a lease agreement is colloquially known as renting ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freehold (law)
In common law jurisdictions such as England and Wales, Australia, Canada, and Ireland, a freehold is the common mode of ownership of real property, or land, and all immovable structures attached to such land. It is in contrast to a leasehold, in which the property reverts to the owner of the land after the lease period expires or otherwise lawfully terminates. For an estate to be a freehold, it must possess two qualities: immobility (property must be land or some interest issuing out of or annexed to land) and ownership of it must be forever ("of an indeterminate duration"). If the time of ownership can be fixed and determined, it cannot be a freehold. It is "An estate in land held in fee simple, fee tail or for term of life." The default position subset is the perpetual freehold, which is "an estate given to a grantee for life, and then successively to the grantee's heirs for life." England and Wales Diversity of freeholds before 1925 In England and Wales, before the Law of Pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
States And Territories Of Australia
The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing polities with incomplete sovereignty (having ceded some sovereign rights to federation) and have their own constitutions, legislatures, departments, and certain civil authorities (e.g. judiciary and law enforcement) that administer and deliver most public policies and programs. Territories can be autonomous and administer local policies and programs much like the states in practice, but are still constitutionally and financially subordinate to the federal government and thus have no true sovereignty. The Federation of Australia constitutionally consists of six federated states (New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia) and ten federal territories,Section 2B, Acts Interpretation Act 1901 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Native 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. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively. Aboriginal title is also referred to as indigenous title, native title ( in Australia), original Indian title ( in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary internat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Land Rights
Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use agreements, including renting, are an important intersection of property and contract law. Encumbrance on the land rights of one, such as an easement, may constitute the land rights of another. Mineral rights and water rights are closely linked, and often interrelated concepts. Land rights are such a basic form of law that they develop even where there is no state to enforce them; for example, the claim clubs of the American West were institutions that arose organically to enforce the system of rules appurtenant to mining. Squatting, the occupation of land without ownership, is a globally ubiquitous phenomenon. National sovereignty Sovereignty, in common law jurisdictions, is often referred to as absolute title, radical title, or allodia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
CC-BY Icon
A Creative Commons (CC) license is one of several public copyright licenses that enable the free distribution of an otherwise copyrighted "work".A "work" is any creative material made by a person. A painting, a graphic, a book, a song/lyrics to a song, or a photograph of almost anything are all examples of "works". A CC license is used when an author wants to give other people the right to share, use, and build upon a work that the author has created. CC provides an author flexibility (for example, they might choose to allow only non-commercial uses of a given work) and protects the people who use or redistribute an author's work from concerns of copyright infringement as long as they abide by the conditions that are specified in the license by which the author distributes the work. There are several types of Creative Commons licenses. Each license differs by several combinations that condition the terms of distribution. They were initially released on December 16, 2002, by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
