Sentences with phrase «exclusive possession native»

Consistent with the objective of treating Aboriginal and Torres Strait Islander land as similar as practicable to freehold land, where a project takes place on exclusive possession native title land, the Crown's consent is not required.

The Court recognised exclusive possession native title over approximately 1037 square kilometres of land at the northern end of the Dampier Peninsula, and non-exclusive possession native title over the inter-tidal zone.

The relevant part of the Lake (which was 87 % of the proposed mining lease area) was within the Martu People's traditional lands, over which they hold exclusive possession native title.

The Martu People held exclusive possession native title rights and interests already the subject of a court determination and there was strong evidence from a range of sources establishing Lake Disappointment as a site of great significance.

The decision was significant because it explained what is required for claimants to prove they hold exclusive possession native title.

Not exact matches

The report is correct in saying that Wik established that native title is not necessarily extinguished by pastoral leases - the High Court reasoned that it was necessary to consider the type of lease in question (some leases granted exclusive possession and were inconsistent with the continued recognition of native title, whereas other leases did not have this effect).

[47] Its net effect is that recognition of «exclusive possession» native title becomes a much stronger possibility in the relevant area.

The NTA provides a fairly comprehensive codification of what past government actions extinguish native title.145 It classifies various interests in the past, often distant past, as «previous exclusive possession acts» which deems them to have permanently extinguished native title.146 The NTA also provides that «previous non-exclusive possession acts» 147 will extinguish native title to the extent of any inconsistency.148 The NTA also validates acts of government that took place before the High Court's decision in Wik which may be invalid because of the existence of native title (generally, due to the Constitutional requirement that «just terms» be paid where property is acquired, 149 or the operation of the Racial Discrimination Act 1975 (Cth).150 This aspect of the NTA has been repeatedly criticised by CERD.

If, according to their traditional law and custom, spiritual sanctions are visited upon unauthorised entrants, and if they are the gatekeepers for the purpose of preventing such harm and avoiding injury to the country, then the native title holders have what the common law will recognise as an exclusive right of possession, use and occupation.

Rights that are broadly defined, including rights to exclusive possession, are capable of recognition as native title rights.

In addition, the NNTT referred to the fact that the Martu People's native title was the subject of a finalised court determination and of a «substantial kind» (that is, exclusive possession).

(21) Native title is extinguished where exclusive possession titles have been granted.

The confirmation provisions prescribe the effect of a «previous exclusive possession act» is to extinguish native title completely and the effect of a previous non-exclusive possession act is to extinguish native title to the extent of any inconsistency.

The Court noted this exclusion but found that the perpetual grazing lease was an exclusive lease and thus a previous exclusive possession act under NTA s23B (2)(c)(iv) or (viii) which also extinguished native title.

Need further identification of native title rights to determine extent of inconsistency with lease right to exclusive possession for mining purpose

On the other hand, the cases also appear to point to commercial rights being intrinsically connected to, and in fact requiring, exclusive possession in order to be granted as a native title right or interest.

The confirmation provisions operate to give full effect to either specific tenures or categories of tenures resulting in the extinguishment of native title, where there is a grant of exclusive possession, or the partial extinguishment of native title where there is no grant of exclusive possession.

commercial rights are intrinsically connected to, and require, exclusive possession, which will not be granted under the Native Title Act (as seen in the Croker Island case).

Chief Justice Gleeson's decision in Wilson v Anderson provided a guide to when this might occur: where the law or act creates a right of exclusive possession in third parties in respect of a parcel of land the subject of native title.

Nevertheless, the vesting of a right of exclusive possession being valid, the vesting extinguished all native title rights and interests in the land.

In those amendments, specific leases granted under s23 of the WLA and granted for the purpose of «agriculture, or any similar purpose; agriculture (or any similar purpose) and grazing combined; mixed farming or any similar purpose other than grazing» were scheduled as a previous exclusive possession act under NTA s23B (2)(c)(i) with the effect that native title was extinguished in these areas.

[14] Under this section a «previous exclusive possession act» which wholly extinguishes native title covers a range of acts.

Native title is held by the Wanjina - Wunggurr Community, including rights of exclusive possession in some areas and non-exclusive rights including the right to: camp, use traditional resources, manufacture traditional items and hunt and fish for the purpose of satisfying their personal, domestic or non-commercial communal needs.

Similarly, sub-section 9C of NTA s23B provides that if a vesting in relation to land or waters is to or in the Crown in any capacity or statutory authority, that act is not a previous exclusive possession act, unless apart from the NTA, it extinguishes native title.

In concrete, the High Court should uphold the finding of Justices Lee and North that enclosure of and improvements to pastoral leases in Western Australia [99] were not such as to confer a right of possession exclusive of Aboriginal people, and to the extent of any inconsistency between the rights of pastoral leaseholders and native title rights and interests, did not extinguish but had the effect of suspending native title rights and interests.

There will also be a native title outcome sought through the application of s47 Native Title Act to the lease, and a determination of exclusive possession, anticipated and allowed for by the structure of divesnative title outcome sought through the application of s47 Native Title Act to the lease, and a determination of exclusive possession, anticipated and allowed for by the structure of divesNative Title Act to the lease, and a determination of exclusive possession, anticipated and allowed for by the structure of divestment.

Once it is decided that an exclusive possession determination will not be made, the description of the non-exclusive native title rights becomes extremely important, for this description will define the totality of the rights.

As Chapter 2 explored, in relation to lands that are subject to native title, the rights over those lands are diverse and range from exclusive possession to rights of access to land.

[96] I agree the High Court's reasoning suggests native title rights to exclusive possession of the sea can not be recognised by Australian courts.