This comprehensive and authoritative work 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, and explains the proof, content and extinguishment of native title. It examines the validation of past grants and acts, and the limited degree of protection from future acts; compensation for native title; and 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 fifth edition of this highly regarded work includes discussion on:
the consistent recognition of exclusive possession, use and enjoyment
the impact of the decisions in Northern Territory v Griffiths (HCA, 2019) and Yunupingu v Commonwealth (FCAFC, 2023) on compensation
the increasing use of consent determinations, including the Noongar South West Native Title Settlement (2016)
the implications of TJIWARL and TJIWARL (No 2) (FCAFC, 2018) (BHP case) in undermining the Native Title Act future act process
the significance of the decision in Western Australia v Manado (HCA, 2020) confirming existing public access to and enjoyment of beaches on native title land
the greater adherence to principles of equality by the courts, especially as to extinguishment.
Native Title in Australia provides an ideal basis for both undergraduate and postgraduate study of native title and related Aboriginal and Torres Strait Islander issues, and is a reliable and informative source for practitioners, researchers and government bodies requiring current information in this area.
Features
Complex topics are explained clearly and succinctly without over-simplification
Critically examines native title principles as applied in the contemporary environment
Engages readers to explore how native title principles are applied in practice
Updated to include developments in legislation and case law
Related Titles
Anderson, Property Law: Concepts and Doctrine, 2022
Edgeworth et al, Sackvillle & Neave Australian Property Law, 11th ed, 2021
Hepburn, Australian Property Law: Cases, Materials & Analysis, 5th ed, 2021
Webb & Stephenson, Focus Land Law, 5th ed, 2020
