Native title
Subtitle: legislation with commentary
By: by the Australian Government Solicitor.
Contributors: Australian Government Solicitor.; National Native Title Tribunal (Australia)
Edition: 2nd ed.
Publisher: AusInfo
Published: 1998
Place of publication: Canberra
Language: eng
Subjects: Australia.; National Native Title Tribunal (Australia); Native title (Australia); Land tenure -- Law and legislation -- Australia.; Aboriginal Australians -- Claims.
Description: This publication is an attempt to make the Native Title Act 1993 more accessible. The authorised reprint of the Act as amended is included. In addition there is a commentary which has been prepared by lawyers of the Australian Government Solicitor and which sets out in brief summary form the decision in Mabo (No.2), other relevant decisions, the history of the Act and the amendments, and an outline of the Act as amended. Relevant second reading speeches are also included.
Notes: Commonwealth of Australia 1998.
Table of contents: title: Native Title Act 1993; title: National Native Title Tribunal regulations; title: Second reading speech; title: National Native Title Tribunal determinations.; title: A. The decision in Mabo (No. 2); title: Terra nullius; title: Native title; title: The sea; title: Extinguishment; title: Freehold; title: Leasehold; title: Pastoral leases and the Wik decision; title: Appropriation by the Crown; title: Mining grants; title: Grants under land rights legislation etc; title: Wildlife legislation; title: Relationships to other interests; title: Fiduciary duty; title: Compensation; title: Racial Discrimination Act; title: Just terms; title: Mabo (No. 1); title: Past grants; title: Effect of the Racial Discrimination Act on grants and legislation; title: Summary of the common law; title: B. The making of the Native Title Act; title: Response to Mabo (No. 2); title: 1993 Discussion paper; title: Native Title Bill 1993; title: Commencement of the Native Title Act 1993; title: The Native Title Act case; title: Native Title Amendment Bill 1995; title: Native Title Amendment Bill 1996; title: Wik; title: Native Title Amendment Bill 1997; title: Agreement with Senator Harradine; title: Commencement of the Native Title Amendment Act 1998; title: C. The Native Title Act; title: Recognition of native title; title: Determination of native title; title: Registers; title: Protection of native title; title: Operation of general laws; title: Existing rights; title: Racial Discrimination Act; title: Land Acquisition Fund; title: D. Validation and confirmation; title: Validation of past acts; title: Validation of intemediate period acts; title: Confirmation; title: Some claims allowed notwithstanding prior extinguishment; title: E. The future act regime; title: Type of future acts; title: Consequences; title: Key definitions; title: Agreements; title: Body corporate agreements; title: Area agreements; title: Alternative procedure agreements; title: If procedures indicate absence of native title; title: Primary production; title: Water and airspace; title: Renewals and extensions; title: Reservations; title: Facilities for services to the public; title: Low impact future acts; title: Freehold test; title: Offshore; title: Compensation for future acts; title: F. The right to negotiate; title: Future acts to which the right to negotiate applies; title: Excluded mining; title: Excluded compulsory acquisitions; title: Other procedural rights; title: Project acts; title: Notification and parties; title: Parties - the expedited procedure; title: Negotiation; title: Applications for determination; title: Ministerial intervention; title: Factors to be taken into account by the arbitral body; title: Determination; title: Alternative State/Territory provisions; title: G. Statutory access; title: Relationship to the lessee; title: Other access rights; title: H. The application and mediation process; title: Applications to the Federal Court; title: Operation of the Federal Court in native title matters; title: Costs; title: Operation of the National Native Title Tribunal; title: The Native Title Registrar; title: State/Territory bodies; title: Legal and financial assistance; title: I. Registration test and procedures; title: Conditions; title: Review; title: Registration; title: Transitional arrangements for pre-existing registered claims; title: J. Representative bodies; title: The transitional period; title: Functions during the transitional period; title: Commencement of the new regime; title: Recogition of representative bodies for the new regime during the transitional period; title: Funding during the transitional period; title: functions under the new regime; title: Accountability under the new regime; title: Funding under the new regime.