How has native title changed in Australia?
The Amendment Act amends the Native Title Act to allow the National Native Title Tribunal to provide assistance to RNTBCs and other native title holders, if requested. This change aims to support the early resolution and management of disputes which may arise after a native title determination.
When was the Native Title Act amended?
3 February 2021
On 3 February 2021, the Australian Government passed the Native Title Legislation Amendment Act 2021. This Amendment Act makes changes to the Native Title Act 1993 and the Corporations (Aboriginal and Torres Strait Islander) Act 2006.
What was the purpose of the native title bill which became law in Australia in 1993?
What was the purpose of the Native Title Bill, which became law in Australia in 1993? Compensate Aborigines for lands already given up and gave them the right to gain title to unclaimed lands they still occupied.
Is the Native Title Act common law?
Native title and land rights 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. Native title is not a grant or right created by governments.
What is the difference between Aboriginal land rights and native title?
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.
What was the native title Amendment Act 1998?
The amendments allowed for the validation of some pastoral and mining leases that had been illegally issued between the Mabo and Wik decisions. Some leases would grant exclusive rights over the land, others would not.
Is Native Title Act a law reform?
Parliament has finally enacted the long awaited reforms to the Native Title Act 1993 (Cth), with the Senate passing the Native Title Legislation Amendment Bill 2020 (Cth) on 3 February 2021.
What is the Native Title Amendment Act 1998?
Who created the Native Title Act 1993?
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 Wik Decision by the High Court.
Is native title a proprietary right?
Native title is usually (but not always) non-exclusive, meaning it exists alongside other (non-indigenous) rights and interests. Non-exclusive native title rights may include the right to access, hunt and camp on traditional country, but not the right to control access to, and use of, an area.
When was the native title Amendment Act introduced?
Following the decision in Mabo No. 2, the government enacted the Native Title Act 1993, which commenced on 1 January 1994. The Act has a number of functions. It creates processes through which native title can be recognised and protected.
Is native title a legal doctrine?
The modern native title doctrine is based in common law jurisprudence, as well as a body of English customary law. Broadly speaking, it comprised judicial recognition of Indigenous peoples’ rights—as a form of communal ‘title’—that survived annexation of a colony.
What is the Native Title Act of 1993?
Act No. 110 of 1993 as amended, taking into account amendments up to Native Title Amendment (Infrastructure and Public Facilities) Act 2020 An Act about native title in relation to land or waters, and for related purposes
What is the Australian government doing to resolve native title issues?
The Australian Government provides significant funding to resolve native title issues in accordance with the Act, including to native title representative bodies, the National Native Title Tribunal and the Federal Court of Australia.
What is Division 4 of the Native Title Act?
Division 4—Other provisions relating to native title 44H Rights conferred by valid leases etc. 45 RDA compensation to be determined under this Act 46 Effect of grant of leases and licences validated by McArthur River legislation
How many determinations of native title can be made?
Only one determination of native title per area……………. 219 69…………………….. Applications that may be made………………………………… 220 70…………………….. Federal Court Rules about applications etc………………… 221 75……………………..