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Native Title In Australia
Native title is the set of rights, recognised by Australian law, held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title rights were first recognised as a part of Australian common law with the decision of ''Mabo v Queensland (No 2)'' in 1992. The ''Native Title Act 1993'' subsequently set out the processes for determining native title. The Court's determination of native title recognises that a continued beneficial legal interest in land held by an Indigenous claim group over identified land survived the the Crown's acquisition of radical title and sovereignty. Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title rights over the same land. The term native title can refer the title held under traditional law and custom, as well as the common law recognition of that right. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aboriginal Title
Aboriginal title is a common law doctrine that the Indigenous land rights, land rights of indigenous peoples to customary land, customary tenure persist after the assumption of sovereignty to that land by another Colonization, colonising state. 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 Alienation (property law), inalienable, and that it may be held Individual and group rights, either individually or collectively. Aboriginal title is also referred to as indigenous title, native title (Native title in Australia, in Australia), original Indian title (Aboriginal title in the United States, in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Land Law
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. Indigenous land rights is also a perennial related issue. National sovereignty Sovereignty, in common law jurisdictions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Milirrpum V Nabalco Pty Ltd
''Milirrpum v Nabalco Pty Ltd'', also known as the Gove land rights case because its subject was land known as the Gove Peninsula in the Northern Territory, was the first litigation on native title in Australia, and the first significant legal case for Aboriginal land rights in Australia, decided on 27 April 1971. The decision of Justice Richard Blackburn ruled against the Yolngu claimants on a number of issues of law and fact, rejecting the doctrine of Aboriginal title. Instead his ruling recognised that in the law of the time of British colonisation of Australia there was a distinction between settled colonies, where the land, being "desert and uncultivated", was claimed by right of occupancy, and conquered or ceded colonies. The decision also noted that the Crown had the power to extinguish native title, if it existed. The issue of ''terra nullius'' was not contemplated in the case. Although ''Milirrpum'' was not appealed beyond the Supreme Court of the Northern Territory, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Port Phillip District
The Port Phillip District was an administrative division of the Colony of New South Wales from 9 September 1836 until 1 July 1851, when it was separated from New South Wales and became the Colony of Victoria. In September 1836, NSW Colonial Secretary Alexander Macleay declared William Lonsdale (colonist), Captain William Lonsdale the "Police Magistrate" of "the location of Settlers on the vacant Crown Lands adjacent to the shores of Port Phillip." This position was someone "of which all persons concerned are hereby required to take notice." In May 1839, George Gipps, Governor George Gipps defined the "Port Phillip District" as "The whole of the Lands comprised in the District lying to the south of the main range, between the Rivers Ovens and Goulburn, and adjacent to Port Phillip." In July that year, Colonial Secretary Edward Deas Thomson, E Deas Thomson announced that Charles La Trobe was the District's "Superintendent", (which was later said by Governor Gipps "to have the powe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Batman's Treaty
Batman's Treaty was an agreement between John Batman, an Australian grazier and a group of Wurundjeri elders, for the purchase of land around Port Phillip, near the present site of Melbourne. The document came to be known as Batman's Treaty and is considered significant as it was the first and only documented time when Europeans negotiated their presence and occupation of Aboriginal lands directly with the traditional owners.Richard Broome, pp10-14, ''Aboriginal Victorians: A History Since 1800'', Allen & Unwin, 2005, , The treaty was implicitly declared void on 26 August 1835 by the Governor of New South Wales, Richard Bourke. Making of the treaty In January 1827, John Batman and Joseph Gellibrand applied for a grant of land at Port Phillip,Joseph Gellibrand "Australian Dictionary of Biography" [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Aboriginal Culture
Australian Aboriginal culture includes a number of practices and ceremonies centered on a belief in the Dreamtime and other mythology. Reverence and respect for the land and oral traditions are emphasised. The words "law" and "lore", the latter relating to the customs and stories passed down through the generations, are commonly used interchangeably. Learned from childhood, lore dictates the rules on how to interact with the land, kinship and community. Over 300 languages and other groupings have developed a wide range of individual cultures. Aboriginal art has existed for thousands of years and ranges from ancient rock art to modern watercolour landscapes. Traditional Aboriginal music developed a number of unique instruments, and contemporary Aboriginal music spans many genres. Aboriginal peoples did not develop a system of writing before colonisation, but there was a huge variety of languages, including sign languages. Oral tradition Cultural traditions and beliefs as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Veto
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president (government title), president or monarch vetoes a bill (law), bill to stop it from becoming statutory law, law. In many countries, veto powers are established in the country's constitution. Veto powers are also found at other levels of government, such as in state, provincial or local government, and in international bodies. Some vetoes can be overcome, often by a supermajority vote: Veto power in the United States, in the United States, a two-thirds vote of the United States House of Representatives, House and United States Senate, Senate can override a presidential veto.Article One of the United States Constitution#Clause 2: From bills to law, Article I, Section 7, Clause 2 of the United States Constitution Some vetoes, however, are absolute and cannot be overridden. For example, United Nations Security Council veto power, in the United Nations Security Council, the five per ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Possession (law)
In law, possession is the exercise of dominion by a person over property to the exclusion of others. To possess something, a person must have an intention to possess it and an apparent purpose to assert control over it. A person may be in possession of some piece of property without being its owner. The possession of property is commonly regulated under the property law of a jurisdiction. Intention to possess An intention to possess (sometimes called ''animus possidendi'') is the other component of possession. All that is required for this criterion is an intention to possess something for the time being. In common law countries, the intention to possess a thing is a question of fact that can be proven by acts of control and surrounding circumstances. It is possible to intend to possess something and to actually possess it without knowing that it exists. For example, someone who intends to possess a suitcase also intends to possess its contents even if they are unknown. It is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aboriginal Land Rights Act (Northern Territory) 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 Act has been amended 27 times between 1978 and 2021. Significant amendments were the ''Aboriginal Land Rights (Northern Territory) Amendment Act 2006'', and ''Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Act 2021.'' History The results of the 1967 Australian referendum meant that the Federal Governme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indigenous Australian Customary Law
Indigenous Australian customary law or Indigenous Australian customary lore 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 Indigeno ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indigenous Australians
Indigenous Australians are people with familial heritage from, or recognised membership of, the various ethnic groups living within the territory of contemporary Australia prior to History of Australia (1788–1850), British colonisation. They consist of two distinct groups, which include many ethnic groups: the Aboriginal Australians of the mainland and many islands, including Aboriginal Tasmanians, Tasmania, and the Torres Strait Islanders of the seas between Queensland and Papua New Guinea, located in Melanesia. 812,728 people Aboriginality, self-identified as being of Aboriginal and/or Torres Strait Islander origin in the 2021 Australian Census, representing 3.2% of the total population of Australia. Of these Indigenous Australians, 91.4% identified as Aboriginal, 4.2% identified as Torres Strait Islander, and 4.4% identified with both groups. The term Aboriginal and Torres Strait Islander peoples or the person's specific cultural group, is often preferred, though the term ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
