Sentences with phrase «title act»

The governing principles were incorporated into the Native Title Act in s223 (1):

For a time it was thought that the recognition of Native Title in Australia, first by the courts and then in the Native Title Act 1993 offered a new avenue for gaining protection of traditional knowledge, practices and art emanating from traditional laws and custom.

Significant amendments to the Native Title Act withdrew the protection which the original Act extended to native title holders.

the value of the land as freehold estate: Section 51A of the Native Title Act refers to the amount of compensation being capped at an amount quantified under land valuation principles for a freehold estate (that is, the value of the land as a freehold estate).

8.4 That the Attorney - General prepare guidelines for the Federal Court and parties to native title proceedings on the application of Section 82 of the Native Title Act.

However, developments within the common law of native title, and amendments to the Native Title Act 1993 (NTA) have placed heritage protection outside of this broader frame.

See Division 5.3 of the Guidelines on the Provision of Financial Assistance by the Attorney - General under the Native Title Act 1993.

These include costs incurred when negotiating agreements under s 31 (1)(b) of the Native Title Act and negotiating Indigenous Land Use Agreements.

The report examines the implications of the findings of the 1999 decision of the Committee on the Convention on the Elimination of All Forms of Racial Discrimination (CERD) that the amendments to the Native Title Act breached Australian's obligations under CERD by discriminating against Indigenous people.

Land rights would have been dead, there would never have been a Mabo case in 1992, there would have been no Native Title Act under Prime Minister Keating in 1993.

The Australian Government recognise the level of research and consultation involved in the Australian Law Reform Commission's Inquiry into the Native Title Act 1993 (Cth) and take action to implement its recommendations.

That is, amend section 26 of the Native Title Act.

that the proposed legislative and regulatory amendments providing for default PBCs, are considered together with the amendments already made to the Native Title Act and the PBC Regulations;

CHAIR - Dr. Jonas, we had some evidence last Thursday night from ATSIC in which they called for a scrapping of the Native Title Act and suggested that we should start again.

They weaken the rights of Aboriginals to negotiate - the rights recognised in the Mabo decision and the Native Title Act.

Additionally, while the Bill creates a certain degree of consistency through the referral of powers of the States to the Commonwealth, the Commission is concerned about the impact of the Bill on the capacity for Indigenous peoples to fully exercise and enjoy their rights to their lands and waters obtained through the Native Title Act 1993 (Cth), and the various state land rights and cultural heritage regimes.

The Native Title Act and the way the common law has interpreted it failed to provide them with compensation for extinguishment of their native title.

The Native Title Report 2004 sets out guidelines for agreement making that aim to direct agreements towards meeting traditional owner goals as well as the legal requirements for the Native Title Act.

Therefore claimants must show that they are members of a society that existed at sovereignty and continues to exist until today in order to satisfy s223 of the Native Title Act 1993 (Cth).

Each case highlights the hurdles faced by Indigenous peoples trying to use the native title system, established by the Native Title Act 1993 (Cth)(the Native Title Act), to gain recognition of their rights and interests in country.

The PBC Report led directly to amendments to the Native Title Act, that relate specifically to PBCs.7 The amendments were passed in 2007.

The committee looked at the capacity of NTRBs to discharge their responsibilities under the Native Title Act, examining their:

«The «right to negotiate» provisions of the Native Title Act 1993 have given native title holders and registered claimants a powerful toll [sic - tool?]

[insert following sentence from below] The Native Title Act allowed indigenous groups [deleted: to lay claim to unallocated Crownseek formal recognition and protection of their traditional rights in] land to which they had a clear cultural connection.

That all governments amend relevant legislation and policy, such as the Native Title Act, Cultural Heritage legislations and various land rights regimes, to ensure consistency with the proffered national legislative regime framework.

Justice Lindgren found that seven of the eight claims (including the Wongatha peoples» application) were not authorised as required by Sections 61 (1) and 61 (4) of the Native Title Act.107 Therefore, he held that the court didn't have the jurisdiction to hear the applications and he dismissed the claims.108 He made no determination on the existence or absence of native title.

[43] Although the Native Title Act 1993 (Cth) does not refer to the word «society», the High Court held in Members of the Yorta Yorta Aboriginal Community v Victoria (2002) 214 CLR 422 that in order to satisfy the s. 223 references to traditional laws and customs, claimants must be members of a society which is united in and by its acknowledgement of those laws and customs.

compensation for extinguishment of native title: the case shows how difficult it is to obtain compensation under the Native Title Act.

The authors indicate «the Native Title Act 1993 as established [ie.

Section 61 (4) Native Title Act 1993 (Cth) provides that identity for the purposes of a native title claim is established in only one of two ways: either the claimants must be specifically named, or they must be sufficiently clearly described so that any particular individual can be identified as one of the claimants (for example, by describing the claimants as «all descendants of X»).

In exercising this power, the Minister legitimately extinguished the native title rights and interests in the land under the Native Title Act.

[15] Minter Ellison, Native Title Act Unclear on Approach to Compensation, April 2006, available online at www.hg.org, accessed August 2007.

The Committee, having considered a series of new amendments to the Native Title Act, as adopted in 1998, expresses concern over the compatibility of the Native Title Act, as currently amended, with the State Party's international obligations under the Convention.

This is even where the Indigenous peoples making the different claims under the Aboriginal Land Rights (Northern Territory) Act and the Native Title Act are connected.

Nevertheless, he went on to consider compensation under the Native Title Act.

[28] Native Title Act 1993 (Cth), Part 2, Division 7, s60AB, s60AC, not yet included in the Native Title Act 1993.

The government responded positively by amending the Native Title Act, to allow PBCs to charge a fee for service.28 Division 7 of the Native Title Act (due to commence on 1 July 2008) includes provisions relating to:

Sections 24EB (1)(d) and (3) of the Native Title Act, contain a technicality about the application of the statutory non-extinguishment principle to future acts covered by a body corporate or area agreement ILUA.

Expedited mechanisms exist under the Native Title Act for [deleted: the protection of cultural heritage sites] «fast - tracking» mineral tenements that are considered to be «low - impact», but some indigenous organisations advocate against their use in order to protect native title rights.

In order to bring the Native Title Act into line with this Government's new approach to acknowledging the past and creating a fairer and respectful relationship, this part of the native title system should be amended.

The Commission urges the Authority, in its implementation of the legislation, to ensure that its actions are not only consistent with the procedural rights afforded to Traditional Owners by the Native Title Act 1993 (Cth), but that the free, prior and informed consent of Indigenous peoples is obtained before decisions affecting their lands and waters are made.

16 Also see Summary of the Validation and Confirmation of Extinguishment Provisions in the Native Title Act 1993, annexure 3.

The [Commonwealth] Government... therefore put in place a process designed to make the Act more workable... culminat [ing] in the Native Title Act Amendment Bill 1998... [that] was a compromise that empowered states and territories to legislate their own native title regimes.

The interpretation of the Native Title Act is placing almost insurmountable barriers in front of Indigenous people in their endeavours to gain recognition and protection of their native title.

s46C, Human Rights and Equal Opportunity Commission Act 1986 (Commonwealth) and s209, Native Title Act 1993 (Commonwealth)

The native title system, as structured by the Native Title Act (1993)(Cth)(NTA), and the common law operate to ensure that where native title co-exists with non-Indigenous interests on land, those latter interests prevail, either to the point of extinguishing native title or removing native title as an encumbrance in their pursuit.

The Larrakia people appealed this ground on the basis that it was a miscarriage of the exercise of discretion conferred on the judge by Section 86 of the Native Title Act.

The Wongatha case was dismissed because Justice Lindgren found that the applicants did not have the authority required under Section 61 of the Native Title Act.

While the original Native Title Act was delicately balanced between the rights of indigenous and non-indigenous title holders, the amended Act appears to create legal certainty for government and third parties at the expense of indigenous title.

The Native Title Act (NTA) and the Native Title (Prescribed Bodies Corporate) Regulations set out functions and responsibilities for both Agent and Trustee PBCs.