Sentences with phrase «under this approach native»

Under this approach native title negotiations are not merely a conduit to a series of native title or non-native title outcomes aimed to benefit Indigenous people.

Instead, under this approach the native title process can also be directed towards providing a vehicle for Indigenous development to occur within the cultural and political boundaries established by traditional laws and customs.

Under this approach native title is given the same procedural rights as non-Indigenous rights.

Not exact matches

A native of Springfield, Mass., he had spent five years under Bill Drake of Boston when he suddenly confronted the fact that he was approaching 30 and had never moved beyond a certain level.

While this approach offers an expedient process of administering native title, it reduces the already inadequate procedural rights [17] available to Indigenous groups under the NTA.

However the non-extinguishment principle can be used in a more potent way in framework agreements to overcome the narrow and discriminatory approach to the recognition of native title under the legislation.

The Commissioner has made submissions on the «General Guidelines - Native Title Determinations and Agreements» proposed by the Review, advising that the «process approach» promoted by the Review takes place under the provisions of the Native Title Act 1993 which fails to meet minimum human rights standards.

Under the right to land approach, adopted by Justices Lee and North, non-Indigenous rights are given priority but not so as to extinguish native title whenever there is an inconsistency.

Various participants emphasised that if economic development is to be based on an agreement - making approach under native title, there must be a pragmatic understanding of the contemporary native title system.

An alternative approach, more sympathetic to co-existence, would allow so much of the native title right that is inconsistent with the rights under the grant to be excised from the native title right so as to eliminate the inconsistency, but not extinguish the native title right completely.

Under the right to land approach non-Indigenous rights are still given priority, but not so as to extinguish native title whenever there is an inconsistency.

As demonstrated in my Native Title Report 2000 the differential treatment of Indigenous people in the validation and confirmation provisions was justified under this approach by reference to notions such as certainty, the unlikelihood of real harm occurring, balancing the interests of stakeholders and confirming the common law.

[134] This is the preferable approach under the Native Title Act.

Under a rights - based approach the native title process provides a vehicle for Indigenous development to occur within the cultural and political values established by traditional laws and customs.

This approach would also be consistent with the inquiries function provided for under Part 6, Division 5 of the Native Title Act.

Under the bundle of rights approach native title is constructed as a highly specific and finite series of practices derived from a particular historical moment.

Under all its legislative guises, this approach amounts to rejection of our culture and way of life», WAANTWG, Reaching Agreement: A better approach to native title in Western Australia, 1999, Perth, pp3 - 4.»