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Native title is not a grant or right created by governments. Native title in Australia includes rights and interests relating to land and waters held by Indigenous Australians under traditional laws and customs, and recognised in accordance with the Native Title Act 1993 (Cth). [2]
Upheld non-exclusive native title rights to the sea and sea bed 2002: Western Australia v Ward: High Court: Native title is a bundle of rights, which may be extinguished one by one 2002: Yorta Yorta v Victoria: High Court: Upheld a finding that the "tide of history" had "washed away" traditional laws and customs and that the native title claim ...
The Royal Proclamation of 1763 is the foundation document creating special land rights for Indigenous peoples within Canada (which was called "Quebec" in 1763). Section 91(24) of the Constitution Act, 1867 gives the federal parliament exclusive power to legislate in matters related to "Indians, and Lands reserved for the Indians". [ 8 ]
National Native Title Tribunal definition: [3] [Native title is] the communal, group or individual rights and interests of Aboriginal people and Torres Strait Islander people in relation to land and waters, possessed under traditional law and custom, by which those people have a connection with an area which is recognised under Australian law (s 223 NTA).
Native Canadians was often used in Canada to differentiate this American term until the 1980s. [34] In contrast to the more-specific Aboriginal, one of the issues with the term native is its general applicability: in certain contexts, it could be used in reference to non-Indigenous peoples in regards to an individual place of origin / birth. [35]
The New Deal for Aborigines (or Aboriginal New Deal) was a landmark Australian federal government policy statement on Indigenous Australians.The policy was announced in December 1938 by interior minister John McEwen and detailed in a white paper released in February 1939.
The Native Title Act 1993 establishes a framework for the protection and recognition of native title. The Australian legal system recognises native title where: the rights and interests are possessed under traditional laws and customs that continue to be acknowledged and observed by the relevant Indigenous Australians, by virtue of those laws ...
Indigenous rights are those rights that exist in recognition of the specific condition of indigenous peoples.This includes not only the most basic human rights of physical survival and integrity, but also the rights over their land (including native title), language, religion, and other elements of cultural heritage that are a part of their existence and identity as a people.