This initiative was one of the recommendations made by the WA Technical Taskforce on Mineral Tenements and
Land Title Applications to expedite the processing of the backlog of mineral tenements applications on land under native title claim: Technical Taskforce on Mineral Tenements and
Land Title Applications, Final Report, Government of Western Australia, 2001, p. 19.
Technical Taskforce on Mineral Tenements and
Land Title Applications Discussion Paper (August 2001), p12
In April 01, the Western Australian government announced the formation of a Technical Taskforce, to assess how mineral and
land title applications could be dealt with more efficiently while at the same time recognising and protecting the native title rights of Indigenous people.
3.1 Review of the Native Title Claim Process in Western Australia - WAND Report 3.2 Project Development Approvals Review 3.3 Technical Taskforce on Mineral Tenements and
Land Title Applications
The Technical Taskforce on Mineral Tenements and
Land Title Applications (92), aimed at expediting the processing of the backlog of mineral tenement applications of land under native title claim also utilised the review process to reach its conclusions.
This initiative was one of the recommendations made by the Technical Taskforce on Mineral Tenements and
Land Title Applications to expedite the processing of the backlog of mineral tenements applications on land under native title claim.
The Taskforce Paper aimed to develop «an overarching strategy on mineral tenement and
land title applications».
Technical Taskforce on Mineral Tenements and
Land Title Applications, Discussion Paper, August 2001, p. 8.
Thank you for your letter of 20 December 2001 forwarding me a copy of the Final Report («Report») of the Technical Taskforce on Mineral Tenements and
Land Title Applications («Taskforce») and inviting my comments on this document.
Government of Western Australia, Technical Taskforce on Mineral Tenements and
Land Title Applications, pg.
Government of Western Australia, Technical Taskforce on Mineral Tenements and
Land Title Applications, Discussion Paper, pg 12, August 2001.
The Aboriginal and Torres Strait Islander Social Justice Commissioner's submission to the Technical Taskforce on Mineral Tenements and
Land Title Applications is available here in PDF (121K) and Word (151K) formats.
Not exact matches
Information about native
title applications, indigenous
land use agreements and future acts.
A rush to file before the new tax went into effect helped lead to a record 15,000 property transfer
applications last Thursday and Friday, temporarily crashing the electronic filing system, said a spokeswoman for the
Land Title and Survey Authority of B.C.
The charter of the Cooper Union was finally adopted in its present form by the legislature of the State of New York, April 13, 1859; and the deed of trust, executed in compliance therewith, on the 29th day of the same month, by Peter Cooper and his wife, Sarah, conveyed to the board of trustees the
title to «all that piece and parcel of
land bounded on the west by Fourth Avenue, on the north by Astor Place, on the east by Third Avenue, and on the south by Seventh Street,... to be forever devoted to the advancement of science and art, in their
application to the varied and useful purposes of life.»
Today's ruling marked the first time the Supreme Court has recognized aboriginal
title to a specific piece of
land, and is expected to have predominant
application in resource - rich Pacific Coast province, where there are unresolved
land claims.
We can make
applications to the
Land Registry to place restrictions on the
title of bankrupt's property, so disposal can not be made without the trustee in bankruptcy being alerted.
The compelling logic of Delgamuukw on division of powers is now dismissed as leading to a number of «difficulties» (at para 133) and the startling conclusion that the doctrine of interjurisdictional immunity is not just out of fashion (we know that from cases like Canadian Western Bank v Alberta, 2007 SCC 22, although see paras 60 — 61 of that case on the
application of the doctrine to the «Indian Cases»), but it has no role whatsoever to play in relation to aboriginal
title lands (at para 151) and perhaps even more generally in relation to the entire head of power (see paras 140, 150).
Acted for the Te» mexw Treaty Association intervening at the Supreme Court of Canada with respect to whether the trial judge erred in finding Aboriginal
title was established, whether the Crown breached its duty to consult and accommodation, and whether provincial laws of general
application apply to Aboriginal
title land.
The
applications of Strathcona County and the Registrar of
Land Titles were concerned with the 39 campsite lease agreements that already contained renewal options.
«The judgment clearly states that the
application of consent from First Nations is applicable to all future aboriginal
title lands,» the report continues.
Had the legislature intended to oust s. 4 of the 1990 Limitations Act entirely from
lands registered under
Land Titles, it would have mirrored the language of s. 4 («any land or rent») and not limited the application to title held in fee sim
Land Titles, it would have mirrored the language of s. 4 («any
land or rent») and not limited the application to title held in fee sim
land or rent») and not limited the
application to
title held in fee simple.
«document» means an instrument as defined in section 1 of the Registry Act, a document as defined in section 105 of the Registry Act, an
application made under the
Land Titles Act and any other instrument, document or plan registered, submitted, made, filed or deposited under the
Land Titles Act or the Registry Act; («document»)
But another aspect of McCaleb v Rose — that section 91 (24) «
lands reserved» powers confer immunity from the
application of provincial laws, while Aboriginal
title does not — is troubling if we think about reconciliation and the ongoing diminishment of Aboriginal powers, authority and governance by various government actors (including the courts) in Canada.
PDF Version: Reconciling the
Application of the Interjurisdictional Immunity Doctrine to Aboriginal
Title and
Lands Reserved
The digital token will be the entry token to utilize the Bitland
application to register
land titles, settle disputes, sell
land, purchase property, and issue microloans for commercial development.
Although the continued
application of the interjurisdictional immunity doctrine to section 91 (24) powers was called into question in Tsilhqot» in Nation v British Columbia, 2014 SCC 44 (CanLII), there have been recent decisions restricting Tsilhqot» in to the Aboriginal
title context and applying interjurisdictional immunity to reserve
lands (see here).
As we will see, in this case, the provincial Forest Act ceased to have
application to the Aboriginal
title lands of the Tsilhqot» in Nation.
[106] Subject to these constitutional constraints, provincial laws of general
application apply to
land held under Aboriginal
title.
The case presents a number of intriguing issues, among them the meaning of Article X, section 4 of the California Constitution and its
application, if any, to
lands for which
title is derived from a provisional Mexican
land grant confirmed by a federal patent issued in the 19th century.
The evolution in
title conditions (and improvement in the development sector) has led to an increase in
Lands Tribunal
applications and, of course, environmental legislation and how it fits into all of this.
On the second issue, the Court held that as a general rule, provincial laws of general
application apply to Aboriginal
title lands subject to the Crown's obligation to justify an infringement of Aboriginal
title, its fiduciary obligations and s. 91 (24) of the
On the second issue, the Court held that as a general rule, provincial laws of general
application apply to Aboriginal
title lands subject to the Crown's obligation to justify an infringement of Aboriginal
title, its fiduciary obligations and s. 91 (24) of the Constitution Act, 1867.
The jurisdiction deals with
land registration applications referred by HM Land Registry where there are disputes over ti
land registration
applications referred by HM
Land Registry where there are disputes over ti
Land Registry where there are disputes over
title.
We offer expertise in conveyancing, easements, restrictive covenants, positive covenants, registration of
title to
land, proprietary estoppel, settlements and trusts of land (including implied, resulting and constructive trusts and applications under the Trusts of Land and Appointment of Trustees Act 1996), access to neighbouring land, adverse possession, party walls, boundaries, boundary disputes, school sites, options and pre-emptions, overage and development agreements, property - related insolvency, ownership and disposition of land by charities and unincorporated associations, highways, Crown rights, chancel repairs, commons and town and village greens and property - related torts (including trespass and nuisance), stamp duty land tax and VAT on property transacti
land, proprietary estoppel, settlements and trusts of
land (including implied, resulting and constructive trusts and applications under the Trusts of Land and Appointment of Trustees Act 1996), access to neighbouring land, adverse possession, party walls, boundaries, boundary disputes, school sites, options and pre-emptions, overage and development agreements, property - related insolvency, ownership and disposition of land by charities and unincorporated associations, highways, Crown rights, chancel repairs, commons and town and village greens and property - related torts (including trespass and nuisance), stamp duty land tax and VAT on property transacti
land (including implied, resulting and constructive trusts and
applications under the Trusts of
Land and Appointment of Trustees Act 1996), access to neighbouring land, adverse possession, party walls, boundaries, boundary disputes, school sites, options and pre-emptions, overage and development agreements, property - related insolvency, ownership and disposition of land by charities and unincorporated associations, highways, Crown rights, chancel repairs, commons and town and village greens and property - related torts (including trespass and nuisance), stamp duty land tax and VAT on property transacti
Land and Appointment of Trustees Act 1996), access to neighbouring
land, adverse possession, party walls, boundaries, boundary disputes, school sites, options and pre-emptions, overage and development agreements, property - related insolvency, ownership and disposition of land by charities and unincorporated associations, highways, Crown rights, chancel repairs, commons and town and village greens and property - related torts (including trespass and nuisance), stamp duty land tax and VAT on property transacti
land, adverse possession, party walls, boundaries, boundary disputes, school sites, options and pre-emptions, overage and development agreements, property - related insolvency, ownership and disposition of
land by charities and unincorporated associations, highways, Crown rights, chancel repairs, commons and town and village greens and property - related torts (including trespass and nuisance), stamp duty land tax and VAT on property transacti
land by charities and unincorporated associations, highways, Crown rights, chancel repairs, commons and town and village greens and property - related torts (including trespass and nuisance), stamp duty
land tax and VAT on property transacti
land tax and VAT on property transactions.
Acting in proceedings before the First Tier Tribunal (Property Chamber) on a disputed
application for
title by adverse possession to
land forming part of a manor house in Wiltshire.
While Ustwo's only other games released on Android are a game
titled Whale Tail Frenzy, and the Gear VR specific offering «
Land's End,», the development team is showing that games are not their only forte by releasing an
application for Android Wear enthusiasts.
The difficulties are compounded if there is uncertainty about who is claiming native
title in the
land that is the subject of the
application or if there are multiple claimants asserting essentially identical interests.
The Court can not, in hearing a native
title determination
application or a compensation
application, conduct a roving inquiry into whether anybody, and if so who, held any and if so what native
title rights and interests in the
land and waters under consideration.
The Commonwealth's participation in native
title litigation, either as a party with a property interest in the
land affected by the claim or with a policy interest in the Court's interpretation or
application of the legislation to the claim before it, is decided within the Attorney - General's Department.
Strictly speaking, the Blue Mud Bay case only applies to Northern Territory Aboriginal
land granted under the ALRA, and has no
application to native
title or other states»
land rights regimes.
The
application and development of the procedural rights regimes in the reporting period have further reduced these rights and fall far short of human rights standards that require native
title to be protected to the same extent as non-Indigenous rights to
land.
as part of the package of documents that formalise native
title applications to areas of
land and waters; or
Contrary to this process specified in the Act16, some governments use the expedited procedure in relation to any mineral tenement other than mining leases.17 Cases from the National Native
Title Tribunal show such a policy is flawed because numerous non-mining lease tenements have been adjudged inappropriate for the expedited procedure.18 What should be occurring is that the Act is followed by considering tenement
applications and determining whether the expedited procedure is justified in each case (and such justification is where the tenement only allows activities19 that are not likely to interfere with the relevant community and sites and are not likely to be a major disturbance to the particular
land).
The Commonwealth participates in native
title litigation either as a party with a property interest in the
land affected by the claim, or as the administrator of the NTA with a policy interest in the Court's interpretation or
application of the legislation to the claim before it.
It is scarcely surprising, then, that the process of completing a native
title claimant
application can make us feel even more oppressed and dispossessed of our
land and our identity.
(26) In addition, native
title claimants must occupy the
land at the time of
application.
12 Three
applications for s10 in relation to native
title might arise: (i) a State law forbids enjoyment of a human right or fundamental freedom, such as a right to property or freedom from the arbitrary deprivation of property, and the burden falls on all racial groups; (ii) a State law provides for extinguishment or impairment of
land titles but provides for compensation only in respect of non-native
title; (iii) a State law extinguishes or impairs only native
title and leaves other
land titles intact.
The
application for native
title determination relates to Crown
land and waters within the
application area including state forests, national parks, recreational reserves, river frontages and coastal foreshores comprising 140,000 hectares.
On the other hand, my clients are acutely aware that a native
title determination
application allows for the recognition of rights and interest to
land and waters for the benefit of both current and future generations.