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The distinction between traditional custodians and traditional owners is made by some, but not all, First Nations Australians. [49] [50] On one hand, Yuwibara man Philip Kemp states that he would "prefer to be identified as a Traditional Custodian and not a Traditional Owner as I do not own the land but I care for the land."
The Aboriginal Land Rights Act 1976 established the basis upon which Aboriginal people in the Northern Territory could claim rights to land based on traditional occupation. The statute, the first of the Aboriginal land rights acts , was significant in that it allowed a claim of title if claimants could provide evidence of their traditional ...
Indigenous land rights are the rights of Indigenous peoples to land and natural resources therein, either individually or collectively, mostly in colonised countries. Land and resource-related rights are of fundamental importance to Indigenous peoples for a range of reasons, including: the religious significance of the land, self-determination, identity, and economic factors. [1]
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).
Land development, including exploration and mining activities, on Aboriginal land are undertaken through negotiations with traditional owners groups and facilitated by land councils. Various types of payment for the land, other financial and non-financial benefits may be included in negotiations.
Today, Indigenous sovereignty generally relates to "inherent rights deriving from spiritual and historical connections to land". [1] Indigenous studies academic Aileen Moreton-Robinson has written that the first owners of the land were ancestral beings of Aboriginal peoples, and "since spiritual belief is completely integrated into human daily activity, the powers that guide and direct the ...
The Mohegan Sun casino commemorates the site of the world's first common-law indigenous land rights case, decided in 1773.. Aboriginal title arose at the intersection of three common law doctrines articulated by the Judicial Committee of the Privy Council: the Act of State doctrine, the Doctrine of Continuity, and the Recognition Doctrine. [1]
The Yolngu people, the traditional owners of Arnhem Land (which includes the Gove Peninsula), had petitioned the Australian House of Representatives in August 1963 with a bark petition after the government had sold part of the Arnhem Land reserve on 13 March of that year to a bauxite mining company, Nabalco without consultation with the traditional owners at the time.