Not exact matches
While the
underlying purposes are entirely
different, I confess to wondering whether this makes Lexis / QL and Westlaw / Ecarswell look crude.
While the subject of native title negotiations may be quite
different, ranging from consent determinations, agreements ancillary to a determination, to agreements which do not include a native title determination, the relationship between these three levels of negotiation is clarified by understanding their common
underlying purpose - the economic and social development of the traditional owner group.
The effect of the majority's decision is to disregard the
different character of native title rights, which ought not be seen for these
purposes as merely a bundle of severable rights, but rather as communal rights which derive from the distinct
underlying religious or spiritual relationship of indigenous peoples with their country.