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The Aboriginal Land Rights Act 1983 introduced land rights for Aboriginal people in New South Wales, [10] allowing the Aboriginal Land Councils constituted under the Act to claim land as compensation for historic dispossession of land and to support the social and economic development of Aboriginal communities. [11]
The determination was significant for the Jardwadjali and Wergaia peoples as it was the first successful native title claim in south-eastern Australia and in Victoria. [ 1 ] [ 2 ] The Native Title claim was initially filed in 1995 and took 10 years for the legal process to come to determination.
The title is normally held by a community or an organisation, not by individuals. There are usually some restrictions on selling, and dealing with, land that has been granted in a land rights claim. Normally, the land will be passed down to future generations in a way that recognises the community’s traditional connection to that country". [5]
Real Property Act 1900 [8] Conveyancing Act 1919 [9] Victoria: Property Law Act 1958 [10] Sale of Land Act 1962 [11] Australian Capital Territory: Civil Law (Property) Act 2006 [12] Civil Law (Sale of Residential Property) Act 2003 [13] Queensland: Property Law Act 1974 [14] Land Titles Act 1994 [15] Northern Territory: Law of Property Act [16 ...
Yorta Yorta v Victoria was a native title claim by the Yorta Yorta, an Aboriginal Australian people of north central Victoria. The claim was dismissed by Justice Olney of the Federal Court of Australia in 1998. Appeals to the Full Bench of the Federal Court of Australia in 2001 and the High Court of Australia in 2002 were also dismissed.
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).
Indigenous land rights have historically been undermined by a variety of doctrines such as terra nullius. [3] which is a Latin term meaning "land belonging to no one" [4] In 1971, a group of Meriam people in Australia issued a legal claim for their ownership of their island of Mer in the Torres Strait. [5]
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.