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Did Paul Keating negotiate the Native Title Act?

Leia Doyle

Did Paul Keating negotiate the Native Title Act?

Mabo/Native Title/The Native Title Act. In October 1992, Labour Prime Minister Paul Keating announced a national response to the Mabo decision. Nevertheless the Keating government continued to negotiate with Indigenous representatives on the draft Native Title Bill.

Can native title never be extinguished?

Native title is a bundle of rights. Complete extinguishment is when the whole bundle of rights is extinguished. Partial extinguishment is when one or more specific rights are extinguished. As a general rule, once they are extinguished, native title rights can never be recognised again under Australian law.

What are native title laws?

Native title is the recognition that Aboriginal and Torres Strait Islander people have rights and interests to land and waters according to their traditional law and customs as set out in Australian Law. Native Title is governed by the Native Title Act 1993 (Cth). Teach law, custom and engage in cultural activities.

What does exclusive native title mean?

Exclusive native title—the right to possess, occupy and use an area to the exclusion of all others. In other words, it allows native title holders to control access to lands. Non-exclusive native title—rights co-exist alongside other property rights, which means native title holders don’t control access to lands.

What does native title refer to?

Native title is the recognition by Australian law of Aboriginal and Torres Strait Islander people’s traditional rights and interests in land and waters held under traditional law and custom.

What was the purpose of the Redfern speech?

Keating’s aim was to shift the locus of Australian identity away from a British-centred past to a history grounded in the Australian experience, revitalising the movement toward an Australian republic that had cut all ties with Britain.

What does native title allow?

Native title may include rights and interests to: Live on the area and erect shelters and structures. Access the area for traditional purposes, like camping or for ceremonies. Visit and protect important places and sites hunt, fish and gather food or traditional resources like bush medicines, water, ochre and wood.

Is the Native Title Act 1990 a replacement for the NTA?

They are not to be used as a replacement for the relevant legislation, which includes the Mineral Resources (Sustainable Development) Act 1990 (MRSDA) and the NTA and do not constitute legal advice. You should seek your own legal advice prior to making decisions about native title and your tenement application.

Who is responsible for native title in Australia?

The Federal Court of Australia is responsible for the management of all applications made under the Native Title Act 1993 (Cwlth) or a determination of native title or for compensation for the loss or impairment of native title. Those applications must be filed in the Court.

When do native title parties have to negotiate?

If there is one or more native title parties in relation to the licence application, then the Government, the tenement applicant (the grantee party) and the native title parties must negotiate in good faith with a view to reaching an agreement regarding the grant of the tenement, (section 31 (1) (b) of the NTA).

When to seek legal advice for a Strata Title dispute?

Strata title disputes if you have not yet tried mediation (unless your dispute is about strata title levy debts). Neighbourhood disputes if you have not yet tried mediation. Legal advice about retirement village contracts before entering into a contract. However, we do provide legal advice once you are in a retirement village.

Contributing 

Did Paul Keating negotiate the native title Act?

Leia Doyle

Did Paul Keating negotiate the native title Act?

Mabo/Native Title/The Native Title Act. In October 1992, Labour Prime Minister Paul Keating announced a national response to the Mabo decision. Nevertheless the Keating government continued to negotiate with Indigenous representatives on the draft Native Title Bill.

Can native title never be extinguished?

Native title is a bundle of rights. Complete extinguishment is when the whole bundle of rights is extinguished. Partial extinguishment is when one or more specific rights are extinguished. As a general rule, once they are extinguished, native title rights can never be recognised again under Australian law.

What are native title laws?

Native title is the recognition by Australian law of Aboriginal and Torres Strait Islander people’s traditional rights and interests in land and waters held under traditional law and custom.

What does native title refer to?

What was the role of the Australian parliament in the recognition of native title?

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 Australian Parliament of the Native Title Act 1993. The Act also established the National Native Title Tribunal.

Can native title be revived?

Once native title has been extinguished, it cannot be revived except in very limited circumstances. The extinguishment of native title can be: partial extinguishment which takes away only some native title rights.

What does native title allow?

Native title may include rights and interests to: Live on the area and erect shelters and structures. Access the area for traditional purposes, like camping or for ceremonies. Visit and protect important places and sites hunt, fish and gather food or traditional resources like bush medicines, water, ochre and wood.

What does the Aboriginal Land Rights Act 1976 provide?

The main purpose of the Act is “to reinstate ownership of traditional Aboriginal land in the Northern Territory to Aboriginal people” (Austrade). It provides for the grant of inalienable freehold title for Aboriginal land, meaning that the land cannot be bought or otherwise acquired, including by any NT law.

What is native title status?

What did Native Title Act do?

What is native title? The Native Title Act 1993 (Cth) (NTA) is a law passed by the Australian Parliament that recognises the rights and interests of Aboriginal and Torres Strait Islander people in land and waters according to their traditional laws and customs.

Is native title the same as land rights?

Land rights usually comprise a grant of freehold or perpetual lease title to Indigenous Australians. By contrast, native title arises as a result of the recognition, under Australian common law, of pre-existing Indigenous rights and interests according to traditional laws and customs.