The provision does contain a requirement to afford native title holders equivalent «procedural rights» as
other title holders but this apparently does not include the right of veto, even where it exists for such
other title holders.
Nor did the Court consider the situation where the law takes additional measures to protect native title rights and interests not available to
other title holders.
Such acts could then be approved, without burden or delay, under Part 2 Division 3 Subdivision M in exactly the same way as for
other title holders (see subsections 24 MB and 24MD (6A)-RRB-.
However, it is important that third party respondents are supported to participate in native title agreements where there is an opportunity to build co-existing relationships between native title holders and
other title holders.
Not exact matches
Kroenke has said that earning money is more important than winning trophies as a majority share
holder in arsenal, and thus wenger or
other managers in arsenal will not get the
title - aiming spending pants from the board.
Real Madrid overcame the
title holders, Bayern Munich, overwhelmingly in the semi-finals, while Diego Simeone's men beat Chelsea in the
other semi-final to set up the first City derby final in the history of the competition.
Burnley on the
other hand, has been moved to the Championship
title holder position.
The Emir also invited all the District Heads,
other title -
holders (Masu Unguwa) and Heads of different tribes in his domain.
Being the first
holder of that
title in Nigeria's history, her position could be seen as equivalent to Prime Minister, which gave her the mandate to oversee and superintend over every
other ministry, department and agency of government including their budgetary allocations and revenue expenditures.
Their history has since been retconned and included throughout the history of not only T'Challa but
other previous Black Panther
title holders as well.
Not only was the
title holder the leader of the Panther tribe but they also ruled over the
other tribes in the country.
Audible will pay authors, actors and
other rights
holders the equivalent value of each recipient's first
title
Each recipient gets his or her first
title through the program for free, and Audible will pay authors, actors and
other rights
holders the equivalent value of each recipient's first
title.
An Ontario mortgage is, like any
other mortgage an entailment on the
title deeds of the property which will remain with the mortgage
holder until it is fully paid up according to the prevailing interest rates and fluctuations as agreed in terms of the mortgage.
An auto
title loan is based on the equity of your Chrysler 300 and your ability to repay the loan, where LoanMart will take over the
title to the vehicle as the lien
holder for the duration of your payment period; we do this so that you may have free reign of your car, unlike
other lenders that want to impound your car!
Unlike
other lenders, LoanMart will not take the keys away from you, but instead becomes the lien
holder to the
title for the duration of your loan payment period.
If You Chicken Out: You may need to suck it up here, because there are two
other thrill - ride
title holders at this park: Fujiyama, the world's eighth tallest, fifth longest, and tenth fastest roller coaster; and Dodonpa, the third fastest coaster in the world, which tops out at 107 mph.
- Switch sold more in its launch weekend than any
other Nintendo hardware in history - The Legend of Zelda: Breath of the Wild is the biggest - selling Nintendo launch
title ever in Europe - Zelda beat out the previous record
holder Wii Sports
The following image shows the game set up next to
other titles with a place
holder case without cover art.
You just grind out one match after the
other until you win the belt and unlock the
title holder (s) at the end.
It has not said that the consent of Aboriginal
title holders is always required before their land can be used by
others.
The Court then turned to the exception from coverage clause at issue, specifically the phrase «are paid to any person or entity
other than -LSB-...] to the registered
title holder».
Notwithstanding anything else contained within this Policy, in the event that the proceeds of the Insured Mortgage are paid to any person or entity
other than: i) to the registered
title holder or
holders, as the case may be
Sample # 2: Notwithstanding anything else contained within this Policy, in the event that the proceeds of the Insured Mortgage are paid to any person or entity
other than: i) to the registered
title holder or
holders, as the case may be; ii)
holder (s) of prior registered encumbrances (s); iii) an execution or judgment creditor (s); iv) to a non-registered covenantor that is a spouse, child or parent of the registered
title holder or
holders; v) to credit card companies for credit cards in the name of the registered
title holder or
holders or in the name of non-registered covenantor (s) that are the spouse, child or parent of the registered
title holder or
holders; then the Company can deny coverage and shall have no liability to the Insured for any matters that involve the allegation of mortgage /
title fraud, including challenges to the validity and enforceability of the Insured Mortgage.
b) it provides the bona fide purchaser for value the complete legal
title to the instrument without any encumbrance from
title defects or
other equities or
other prior
holders of the instrument (assuming the purchaser did not receive notice of any such defect in
title or equity before making the transfer).
is not competing provincial and federal powers, but rather tension between the right of the Aboriginal
title holders to use their land as they choose and the province which seeks to regulate it, like all
other land in the province.»
In Nodel v. Stewart
Title Guaranty Company, 2018 ONCA 341, the title insurer, Stewart Title, sought to avoid coverage for a mortgage fraud on the basis of an exclusion that purported to exclude coverage for funds that were «paid to any person other than the registered title holder.&r
Title Guaranty Company, 2018 ONCA 341, the
title insurer, Stewart Title, sought to avoid coverage for a mortgage fraud on the basis of an exclusion that purported to exclude coverage for funds that were «paid to any person other than the registered title holder.&r
title insurer, Stewart
Title, sought to avoid coverage for a mortgage fraud on the basis of an exclusion that purported to exclude coverage for funds that were «paid to any person other than the registered title holder.&r
Title, sought to avoid coverage for a mortgage fraud on the basis of an exclusion that purported to exclude coverage for funds that were «paid to any person
other than the registered
title holder.&r
title holder.»
In denying the claim, Stewart
Title relied on a coverage exception in the policy that applies if mortgage proceeds are paid to any person other than the registered title holder («Clause 2&raq
Title relied on a coverage exception in the policy that applies if mortgage proceeds are paid to any person
other than the registered
title holder («Clause 2&raq
title holder («Clause 2»):
Notwithstanding anything else contained within this Policy, in the event the proceeds of the Insured Mortgage are paid to any person or entity
other than: i) to the registered
title holder... then the Company can deny coverage and shall have no liability to the insured for any matters that involve the allegation of mortgage /
title fraud.
arising from or attributable, in whole or in part, to: a) a debt, insolvency, commercial failure, the repossession of any property by any
title holder or lien
holder or any
other financial cause; b) non-compliance by you with regard to any obligation specified in a contract or license;
a debt, insolvency, commercial failure, the repossession of any property by a
title holder or any
other financial cause.
The Native
Title Report 1998 included a discussion on the right to negotiate, rebutting the argument that it would be unfair if native title holders had a right to negotiate in relation to certain compulsory acquisitions while other holders of property rights do
Title Report 1998 included a discussion on the right to negotiate, rebutting the argument that it would be unfair if native
title holders had a right to negotiate in relation to certain compulsory acquisitions while other holders of property rights do
title holders had a right to negotiate in relation to certain compulsory acquisitions while
other holders of property rights do not:
Such an approach presents an opportunity to not only resolve native
title claims but to provide for a more comprehensive type of agreement that addresses the co-existing relationship between native
title holders and
other tenure
holders; as well as building a foundation to respond to the social and economic goals of traditional owners.
(b) to do, or agree to do, any
other act that would affect the native
title rights or interests of the common law
holders.
The Commission further recommends that the Government explore options, in consultation with state and territory governments, Indigenous groups and
other interested persons, to enable native
title holders to exercise their native
title rights for a commercial purpose.
In some cases, where a tenure is created after 1975, the RDA may operate to extend to native
title holders the compensation provided under the particular statute to
other titleholders.
I suggest that a further amendment should make clear that the rights afforded native
title holders under section 24MD (6B) are in addition to, rather than in substitution of, any
other rights that they may enjoy.
Yet it is clear that in such cases the statutes by which new interests in land were created had the same discriminatory impact on native titleholders as those tenures created after 1975; either to extinguish or impair only native
title rights or, where
other interests were affected, to fail to confer a right to compensation on native
title holders only.
That the Government explore options, in consultation with state and territory governments, Indigenous groups and
other interested persons, to enable native
title holders to exercise native
title rights for a commercial purpose.
The NIC Principles open up the possibility of compulsion, not on the basis of national or public interest, which could apply to any
title, but on the basis that this is an Indigenous
title and that
others, non-
title holders, have set policy objectives for the
title holders.
The native
title rights and interests do not confer possession, occupation, use and enjoyment of the land and waters on the native
title holders to the exclusion of all
others.
The effect of the RDA would be to extend the benefit conferred on
other titleholders to native
title holders.
Section 24KA already allows for the construction of many facilities on or across land which could not be done if the land were held by persons
other than native
title holders, at least without formal interests, such as the freehold or an easement being acquired.
Indeed, this lack of resources, rather than any problem inherent in the functions of PBCs themselves, is the primary concern expressed by native
title holders and
others in relation to the operation of PBCs.26
The Court found that the discriminatory operation of the Mining Act lay in the failure in the legislation creating the rights to confer a right to compensation to native
title holders for the appropriation of their property in the same way compensation was provided to
other owners and occupiers of the land for the loss and damage they suffered as a result of mining.
Because
other titleholders affected by the creation of a mine were provided compensation, the RDA operates to extend that compensation to native
title holders.
On the
other hand, if ordinary
title holders were not entitled to an independent hearing of their objections, section 24MD (6B) provides native
title holders with procedural rights, including a right to an independent hearing, in addition to any available to ordinary
title holders.
As previously indicated the grant of an interest in land is discriminatory if it fails to confer on native
title holders a benefit enjoyed by
other titleholders or if it confers on native
title holders a detriment that is not conferred to any
other titleholders.
This means that, for most of the areas where native
title is successfully claimed, the country will be shared by the native
title holders and
other people with rights and interests in the same area.
Even though the High Court had rejected, in the Native
Title Act Case, the argument that because native title has different characteristics from other forms of title and derives from a different source, native title holders can be deprived of their property rights, this argument was recouched as part of an international law notion of substantive equa
Title Act Case, the argument that because native
title has different characteristics from other forms of title and derives from a different source, native title holders can be deprived of their property rights, this argument was recouched as part of an international law notion of substantive equa
title has different characteristics from
other forms of
title and derives from a different source, native title holders can be deprived of their property rights, this argument was recouched as part of an international law notion of substantive equa
title and derives from a different source, native
title holders can be deprived of their property rights, this argument was recouched as part of an international law notion of substantive equa
title holders can be deprived of their property rights, this argument was recouched as part of an international law notion of substantive equality.