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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).
It amends the Native Title Act 1993 (Cth), providing "the most significant changes to native title legislation since the 1998 amendments". [9] It was passed by the Howard government , [ 10 ] along with the Native Title Amendment (Technical Amendments) Act 2007, [ 11 ] a package of coordinated measures and technical amendments to improve the ...
In response, Parliament passed the Native Title Amendment Act 1998 (the "Ten Point Plan"), extinguishing a variety of Aboriginal land rights and giving state governments the ability to follow suit. Western Australia v Ward (2002) held that native title is a bundle of rights, which may be extinguished one by one, for example, by a mining lease. [23]
The embassy was established in response to the McMahon Coalition Government's refusal to recognise Aboriginal land rights or native title in Australia, instead offering 50-year general-purpose leases for Aboriginal people which would be conditional upon their "intention and ability to make reasonable economic and social use of land", while ...
the native title rights and interests are recognised by the common law of Australia. The Native Title Act sets up processes to determine where native title exists, how future activity impacting upon native title may be undertaken, and to provide compensation where native title is impaired or extinguished. The Act gives Indigenous Australians ...
In 1992, the High Court of Australia reversed Justice Blackburn's ruling and handed down its decision in the Mabo Case, declaring the previous legal concept of terra nullius to be invalid and confirming the existence of native title in Australia. [195] [196] Indigenous Australians began to serve in parliaments from the late 1960s. [197]
The National Native Title Tribunal (NNTT) is an independent body established under the Native Title Act 1993 in Australia as a special measure for the advancement and protection of Aboriginal and Torres Strait Islander peoples (Indigenous Australians). It manages applications for and administration of native title in Australia.
Later in Mabo v Queensland (No 2) (1992), [18] the High Court recognised the pre-colonial land interests of Indigenous Australians within the common law of Australia in the form of native title. However, these rights did not arise due to continuing Indigenous sovereignty; the court merely held that existing rights to land held by Indigenous ...