Sentences with phrase «in the confirmation provisions»

Rather than fully implement the extinguishing regime permitted by the NTA, it limited the effect of complete extinguishment from the creation of leases and scheduled interests identified in the confirmation provisions (excluding freehold) to those tenures still in force on 23 December 1996.

The Court made it clear at the outset that the primary source for determining the extinguishment of native title is the Native Title Act and in particular the distinction between complete and partial extinguishment contained in the confirmation provisions of the Act.

Not exact matches

A provision in the government funding bill would make it easier for Trump to win confirmation of General James Mattis to be defense secretary early next year.

The idea of preaching as monological also receives expression or confirmation in the very arrangements for preaching and in the presentation of content and the manner of its delivery, with a complete lack of provision for feedback.

Delivering the ruling, Tsoho said, «The plaintiff raised two issues in the written address for determination, to wit: Whether or not the 1st defendant (Saraki) can reject a valid statutory appointment made by the President of the Federal Republic of Nigeria to the Office (of the Chairman) of the Economic and Financial Crimes Commission in accordance with the provisions of the EFCC (Establishment) Act, 2004 and whether or not the 1st defendant is bound by the provisions of the EFCC Act, 2004, with respect to the confirmation of any appointment made by the President of the Federal Republic of Nigeria to the office of the Chairman of the EFCC.»

The letter read, «In accordance with provisions of Section 8 of the National Human Rights Commission Act 2010, I have the pleasure to present Mr. Anthony Okechuwku Ojukwu for confirmation as the Executive Secretary of the National Human Rights Commission by the Senate.»

The letter read out by Senate President, Bukola Saraki, noted: «In accordance with provisions of Section 8 of the National Human Rights Commission Act 2010, I have the pleasure to present Mr. Anthony Okechuwku Ojukwu for confirmation as the Executive Secretary of the National Human Rights Commission by the Senate.»

The alleged refusal by the President to forward Onnoghen's name to the Senate for confirmation as the substantive CJN in line with constitutional provisions has sparked speculations from various quarters that the Presidency is not interested appointing him as the substantive CJN.

During her Senate confirmation hearing in January, DeVos struggled to grasp some of the most basic fundamentals of education terminology, student - loan policy and federal provisions mandating public schools provide free and appropriate education to people with disabilities.

«The [Supreme] Court can reconcile these provisions by holding that the failure to respond to a notice under the confirmation procedure breaks the prohibited link between nonvoting and removal under the failure - to - vote clause,» DeWine said in his brief.

The Legislature shall have power to prescribe such rules as may be necessary to carry out the provisions of sections two and three of this article, except that the Legislature may not create a commission of non-legislators to assist in appointment and confirmation.

This chapter covers a miscellany of items including the provision of a certificate to a parent / guardian confirming their authority to act, confirmation that the Convention does not affect the operation of the 1980 Hague Convention and that the 1996 Convention may be invoked to secure the return of the child and that the Convention only applies to measures if they are taken in a state after the Convention has entered into force for that state.

Therefore the provision is introduced that a confirmation of receipt of votes should be provided in case of electronic voting.

In addition to the extinguishment principle applying through the common law, it is also given operation in the confirmation and validation provisions of the NTA, which stipulate this as the effect of creating specified tenures and classes of tenureIn addition to the extinguishment principle applying through the common law, it is also given operation in the confirmation and validation provisions of the NTA, which stipulate this as the effect of creating specified tenures and classes of tenurein the confirmation and validation provisions of the NTA, which stipulate this as the effect of creating specified tenures and classes of tenures.

The way in which the NTA addresses legislative and executive acts that took place before the NTA's enactment, is to either confirm their validity and extinguishing effect under the confirmation provisions, or validate their extinguishing effect (for acts otherwise invalid because of the Racial Discrimination Act 1975 (Cwlth)(«RDA»)-RRB- under the validation provisions.

In relation to the first point, the government's representative emphasised to the CERD Committee when he appeared before it in March 1999 that the government's purpose in enacting the validation, confirmation and primary production upgrade provisions as well as the amendments to the right to negotiate provisions was legitimate in that it sought to balance a range of interests affected by the legislation using proportionate means to do sIn relation to the first point, the government's representative emphasised to the CERD Committee when he appeared before it in March 1999 that the government's purpose in enacting the validation, confirmation and primary production upgrade provisions as well as the amendments to the right to negotiate provisions was legitimate in that it sought to balance a range of interests affected by the legislation using proportionate means to do sin March 1999 that the government's purpose in enacting the validation, confirmation and primary production upgrade provisions as well as the amendments to the right to negotiate provisions was legitimate in that it sought to balance a range of interests affected by the legislation using proportionate means to do sin enacting the validation, confirmation and primary production upgrade provisions as well as the amendments to the right to negotiate provisions was legitimate in that it sought to balance a range of interests affected by the legislation using proportionate means to do sin that it sought to balance a range of interests affected by the legislation using proportionate means to do so.

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

In relation to the confirmation provisions the inconsistency is between Indigenous interests on the one hand and non-Indigenous interests specified by way of a schedule to the Act or referred to generically as either «exclusive possession acts» or «non-exclusive possession acts».

This influenced the Committee's findings in paragraph 7 of the Decision that the amended NTA, particularly those provisions relating to confirmation, validation, primary production upgrades and changes to the right to negotiate, raised concerns about Australia's compliance with Articles 2 and 5 of the Convention.

In the four sets of provisions which these Native Title Reports identify as discriminatory - validation, confirmation, primary production, and right to negotiate - any conflict that arises between native title interests and non-Indigenous interests is resolved by ensuring that non-Indigenous interests always prevail over Indigenous interests.

The extinguishment of native title through the confirmation provisions in Division 2B of Part 2 of the amended NTA;

Confirmation provisions; The justification in the majority report for the differential treatment of native title holders which occurs through the confirmation provisions of the amended NTA are also certainty and Confirmation provisions; The justification in the majority report for the differential treatment of native title holders which occurs through the confirmation provisions of the amended NTA are also certainty and confirmation provisions of the amended NTA are also certainty and workability.

The Committee on the Elimination of the all Forms of Racial Discrimination (the CERD Committee) considered the amendments to the NTA in March 1999 and again in March 2000 and heard the government's argument that the confirmation provisions merely reflect the position of native title at common law.

Confirmation provisions that go beyond this (and enact what is, in effect, no more than a best estimate of what the law is) will result in an added measure of certainty.

In the four sets of provisions which these Native Title Reports identify as discriminatory: the validation, confirmation, primary production and right to negotiate provisions, any conflict that arises between native title interests and non-Indigenous interests is resolved by ensuring that non-Indigenous interests always prevail over Indigenous interests.

First, there is an inconsistency in the propositions underlying the Committee's argument that, on the one hand, the impact of the confirmation provisions are minimal in that they merely confirm the common law position, and on the other hand, that the confirmation provisions are necessary to provide certainty where the position is otherwise unclear.

In the Ward decision the application of this test, along with the application of the confirmation and validation provisions of the NTA, resulted in the extensive extinguishment, either completely or partially, of native titlIn the Ward decision the application of this test, along with the application of the confirmation and validation provisions of the NTA, resulted in the extensive extinguishment, either completely or partially, of native titlin the extensive extinguishment, either completely or partially, of native title.

The NTA, through the validation and confirmation provisions, marks out a vast area in which State and Territory laws will have full effect to completely or partially extinguish native title.

12 See Annexure 3 for Summary of the validation and confirmation of extinguishment provisions in the Native Title Act 1993; and Annexure 2 for a table showing various tenures and their affect on native title, following the recent High Court decisions.

In respect of certain tenures granted after 1975, both the confirmation and validation provisions may apply.

In relation to extinguishment under the confirmation provisions, NTA s23J has the effect of conferring upon native title holders an entitlement to compensation only where the statutory extinguishment exceeds the extinguishment that would have occurred either at common law or where compensation would have been available by virtue of the RDA.

A third and related argument put by the Government, in response to the proposition that the NTA breaches the standards of non-discrimination contained in the RDA, is that the extinguishment that the validation and confirmation provisions prescribe has already occurred at common law before the NTA was implemented.

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.

The title of the new provisions, «confirmation of past extinguishment», indicates a government intention to codify existing legal principles established in the few High Court decisions then available, principally Mabo (No 2), Wik [64] and the Fejo [65] decisions.

The tenures that result in the extinguishment and impairment of native title under the validation and confirmation provisions are set out in the Annexure 3 Summary of the validation and confirmation of extinguishment provisions in the Native Title Act.

The confirmation provisions also operated in the Miriuwung Gajerrong and Wilson v Anderson decisions to ensure extinguishment and partial extinguishment resulting from the creation of many tenures as set out in Table No 1.

In any other case there is no compensation for the extinguishment of native title by the confirmation provisions.

54 See Summary of the validation and confirmation of extinguishment provisions in the Native Title Act 1993, annexure 3.

Annexure 3 to this Report sets out, in plain English, how the validation and confirmation provisions of the NTA operate to prescribe what State and Territory legislation is given a complete, a partial or a non-extinguishing effect.

Nor, in response to (b) above, do the confirmation provisions of the NTA change this outcome for native title holders.

The way in which the confirmation and validation provisions prescribe the extinguishment of native title is set out in a Summary of the validation and confirmation of extinguishment provisions in the Native Title Act 1993 provided as part of a set of resources produced by this Report.

In such cases the NTA operates so that the harsher regime of extinguishment under the confirmation provisions prevails over the more lenient regime under the validation provisions.

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.

That the confirmation provisions are consistent with the way in which native title is extinguished and impaired under the common law test is certainly bolstered by Miriuwung Gajerrong.

In particular, the introduction of the confirmation provisions, which provided for the extinguishment or partial extinguishment of native title by the creation of non-native title tenures and classes of tenures, was criticised as a breach of the international and domestic law on racial equality.

«Validation» and «confirmation» provisions: The validation provisions, which retrospectively validate all land grants issued in contravention of native title rights, and the confirmation provisions, which wholly extinguish native title rights, or authorise such extinguishment, and therefore wholly deny cultural rights associated with affected land, to a breach of Article 27 rights.

The 1998 amendments to the NTA (in particular the provisions on validation, confirmation, primary production and right to negotiate) have been criticised by three treaty bodies: Committee on the Elimination of Racial Discrimination (see UN document CERD / C / 304 / Add.101, 24 March 2000), the Human Rights Committee (UN document CCPR / CO / 69 / AUS, 28 July 2000), and the Committee on Economic, Social and Cultural Rights (UN document E / C.12 / 1 / Add.50, 1 September 2000).