(a) by or under legislation of a State or Territory,
particular land or waters are vested in any person; and
Not exact matches
Last year we heard so much about Cobb's Creek and the setup at Merion, a most - exclusive venue that reportedly
landed the U.S. Open largely due to the lobbying of one powerful individual, David Fay, and then never heard, uttered,
or thought about that
particular body of
water again.
(7) For the purposes of paragraph (1)(b), the requirements of this subsection are complied with if, in the opinion of the Commonwealth Minister, a law of the Commonwealth, the State
or the Territory provides, for the whole of the
land or waters to which the alternative provisions relate, in relation to the preservation
or protection of areas,
or sites, that may be of
particular significance to Aboriginal peoples
or Torres Strait Islanders in accordance with their traditions.
(a) the protection and avoidance of any area
or site, on the
land or waters to which the native title rights and interests relate, of
particular significance to the persons holding the native title in accordance with their traditional laws and customs.
Whilst negotiations in the context of resolving native title claims often provide an appropriate vehicle
or launching pad for other negotiations relevant to the
particular group
or land and
waters, it can also carry disadvantages for the claimant group.
[58] Native Title Act 1993 (Cth), s225: A determination of native title is a determination whether
or not native title exists in relation to a
particular area (the determination area) of
land or waters and, if it does exist, a determination of:
Rather, compliance requires an indication of the impact of the proposed act on the community
or social activities of the native title holders
or areas
or sites of
particular significance
or any
land or waters concerned (section 237 (a) NTA) and so requires a statement of the community
or social activities that are likely to be interfered with and the likely impact on them of the future act.
a) The act is not likely to interfere directly with the carrying on of the community
or social activities of the persons who are the holders... of native title in relation to the
land or waters concerned; and b) The act is not likely to interfere with areas
or sites of
particular significance, in accordance with their traditions, to the persons who are the holders... of native title in relation to the
land or waters concerned; and c) The act is not likely to involve major disturbance to any
land or waters concerned
or create rights whose exercise is likely to involve major disturbance to any
land or waters concerned.
(7) a statement why the objector believes that the proposed act is not an act attracting the expedited procedure that includes a statement of the likely impact of the act on community
or social activities of the native title holders, areas
or sites of
particular significance and any
land or waters concerned.
That is, the «carrying on of the community
or social activities» of the
particular native title - holders,
or with «areas
or sites of
particular significance» according to the traditions of the
particular native title holders and is not itself likely to
or create rights whose exercise is likely to «involve major disturbance to any
land or waters concerned».
The phrase «native title» is defined in the Act as «the... rights and interests of Aboriginal peoples
or Torres Strait Islanders in relation to
land or waters... [which rights and interests] are possessed under... [Indigenous] laws [and] customs»: s223, with the additional requirements that the
particular native title claimants must have connection with the relevant
land /
waters, and the rights must also be recognised by Australian common law.
Claimant application means an application made by Aboriginal people
or Torres Strait Islanders under the Native Title Act 1993 (Cth)(Native Title Act) for a determination that native title exists over a
particular area of
land or waters (Native Title Act, s 61 (1)-RRB-.
Determination by consent means an approved determination of native title by the Federal Court
or the High Courts of Australia
or a recognised body that native title does
or does not exist in relation to a
particular area of
land and /
or waters, which is made after the parties have reached agreement in relation to those issues.
Determination by litigation means a decision by the Federal Court
or the High Court of Australia
or a recognised body that native title does
or does not exist in relation to a
particular area
or land or waters, which is made following a trial process.