SITLA, in accordance with the 1971 WH&B Act, originally filed suit in federal district court against BLM on February 3, 2015, for failure to remove wild horses from school
section lands held in trust by the State of Utah.
Not exact matches
However, this case suggests that Indigenous spiritual beliefs connected to
land will be difficult to protect from development, as the court
held that protection of the object of spiritual beliefs (such as spiritual or sacred places) is not within the scope of
section 2 (a).
The Court in Sechelt Indian Band followed an earlier case from the Supreme Court, Derrickson v Derrickson, 1986 CanLII 56 (SCC), [1986] 1 SCR 285, where it
held that provincial matrimonial property legislation was not applicable to the possession of
lands reserved for Indians under
section 91 (24).
There, the Supreme Court stated that «provincial power to regulate
land held under Aboriginal title... may in some situations also be limited by the federal power» under
section 91 (24).
Section 5 (1)(c), together with the duty to set conditions contained in
sections 52 and 53, can lead to the setting of conditions which duplicate the heart of Provincial regulation over resource use, such as regulation of air quality in local areas and impacts to Provincial Crown or privately -
held land and terrestrial resources.
This test is defined in
section 240 of the Native Title Act 1993 (Cth) and is satisfied if the native title concerned related to an onshore place and compensation would be payable under any law for the act if the native title holders instead
held ordinary title to the
land.
Sections 47 — 47B of the Native Title Act already provide for prior extinguishment in respect of pastoral leases
held by native title claimants; reserves; and vacant Crown
land to be disregarded in certain circumstances.
The
Land Trust which holds the Aboriginal land for an estate in fee simple must not grant any other lease under Section 19 of the ALRA of the construction area other than
Land Trust which
holds the Aboriginal
land for an estate in fee simple must not grant any other lease under Section 19 of the ALRA of the construction area other than
land for an estate in fee simple must not grant any other lease under
Section 19 of the ALRA of the construction area other than to:
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.