Sentences with phrase «interests full enjoyment»

While this discriminatory treatment of Indigenous peoples is of concern what is even more worrying is that, even where minor clashes occur between Indigenous and non-Indigenous rights, native title will be extinguished forever in order to give non-Indigenous interests full enjoyment of their title.

Not exact matches

The law will recognise consequences on native title short of extinguishment, such as suspension of the enjoyment of some of the incidents dependent upon the holding of native title, in order to allow full scope for the enjoyment of the inconsistent rights or interests but permits native title to survive and permits the rights or interests dependent on holding native title to be enjoyed without interfering with countervailing rights or interests.

In each of these instances where an inconsistency or potential inconsistency exists between the full enjoyment of Indigenous interests and the full enjoyment of non-Indigenous interests, the amended NTA ensures that non-Indigenous interests prevail over the Indigenous interests.

Whether the amended NTA provides the same level of protection to native title as is provided to non-Indigenous title holders is most clearly discerned where the full enjoyment of native title and the full enjoyment of non-Indigenous interests are inconsistent.

Consequently the non-extinguishment principle, which allows non-Indigenous interests to prevail over native title, may not be appropriate to promote the full enjoyment of native title rights.

Interests that complement each other in this way must be identified and specifically addressed to ensure full enjoyment of the traditional connection that Indigenous people have with the land.

Thus the non-extinguishment principle may be seen to represent a compromise between two competing interests, allowing non-Indigenous interests to be given full enjoyment and Indigenous interests to be suspended where their enjoyment is inconsistent with the creation or enjoyment of non-Indigenous interests and then to resume on their cessation.

The elements of the definition of the principle of non-extinguishment are identified in s238 of the NTA as: native title is not extinguished; where other interests are inconsistent with the continued existence and enjoyment of native title rights and interests, the native title rights and interests have no effect in relation to the other interests, and; where the other interest or its effects cease to operate, native title rights and interests have full effect.

Interests that complement each other in this way must be identified and specifically addressed in the Native Title Act to ensure full enjoyment of the traditional connection that Indigenous people have with the land.

As I explain in chapter 2 [93] the characterisation of native title rights that best survive once all other interests are given full enjoyment are ones which are expressed at a high level of specificity; [94] are limited to the conduct of activities on the land rather than the control of activities on the land; [95] and confine those activities to traditional rather than contemporary ones.

The non-extinguishment principle provides for the co-existence of native title and other interests allowing non-Indigenous interests to be given full enjoyment and Indigenous interests to be suspended where their enjoyment is inconsistent with the creation or enjoyment of non-Indigenous interests and then to resume on their cessation.