Sentences with phrase «title rights to water»

The National Water Initiative also commits all States and Territories of the MDB to increasing indigenous representation in water planning; recognising Indigenous peoples water needs, and providing for Indigenous access to water resources; incorporating indigenous social, spiritual and customary objectives and strategies; and acknowledging the possible existence of native title rights to water.

Not exact matches

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Sunday afternoon brings us yet another mouth - watering clash at the top of the Premier League table - this time it's Chelsea and Liverpool going to battle for the right to call themselves title contenders.

Sunday afternoon brings us yet another mouth - watering clash at the top of the Premier League table — this time it's Chelsea and Liverpool going to battle for the right to call themselves title contenders.

Trials Evolution is a sharp looking title in it's own right, though it never quite manages to blow you out of the proverbial water.

The property is titled and located on a private road, with access to internet, electricity and water well rights.

Trials Evolution is a sharp looking title in it's own right, though it never quite manages to blow you out of the proverbial water.

Dorsey highlighted an additional risk associated with wetland loss: «Existing wetland owners, if the wetlands convert to open water, they lose all title to that property including the mineral rights.

The Haida Nation asserts that: Haida Gwaii is Haida lands, including the waters and resources, subject to the rights, sovereignty, ownership, jurisdiction and collective Title of the Haida Nation who will manage Haida Gwaii in accordance with its laws, policies, customs and traditions.

Examples include a dispute between joint venturers over the operation of a gold mine, a dispute charging an oil and gas lessee with failure to prevent drainage from an oil and gas lease, litigation over water rights, a dispute over title to sand and gravel and a claim for trespass by the surface owner against the operator of a sand and gravel mine.

Syilx people have Aboriginal Title and Rights to their Lands, Natural Resources including Water.

That such grants should not be held to extinguish native title is supported by the High Court's decision in Yanner v Eaton in relation to non-exclusive governmental rights of control over fauna, (53) the acceptance by the majority in the Full Court of non-exclusive governmental rights over water, and in the approach of Justices Lee and North.

The definition of native title in s 223 (1) Native Title Act refers to «communal, group or individual rights... in relation to land or water&ratitle in s 223 (1) Native Title Act refers to «communal, group or individual rights... in relation to land or water&raTitle Act refers to «communal, group or individual rights... in relation to land or water».

Native title is subject to various caveats in terms of how rights and interests can be exercised on the lands and waters and whether native title rights and interests will be protected from new development and activities by negotiations with governments and other stakeholders.

In the native title context, projects proposed on native title lands and waters will be considered in light of the future act regime and many projects are unlikely to attract the right to negotiate.

In this year's Native Title Report, in addition to examining the progress the government has made in achieving greater rights and equality for Indigenous peoples, through native title, the two thematic foci for this year's report are climate change and wTitle Report, in addition to examining the progress the government has made in achieving greater rights and equality for Indigenous peoples, through native title, the two thematic foci for this year's report are climate change and wtitle, the two thematic foci for this year's report are climate change and water.

Amend the PBC regime to provide that the statutory requirements for PBCs to consult with and obtain the consent of native title holder on «native title decisions» 4 are limited to decisions to surrender native title rights and interests in relation to land and waters.

This society continues to exist today.111 However, he questioned whether the WDCB was a «society» with laws and customs that would give rise to native title rights and interests in relation to land and waters.112

[85] While this strategy has not yet been finalised, the Indigenous Economic Development Strategy must be developed to enable economic development for as many Indigenous groups as possible, and be linked to streamlining and improving Indigenous rights under legislative arrangements such as native title and land rights, cultural heritage and under various environment protection and conservation legislation, carbon sequestration and climate change, industry development regulation [86], and water legislation.

It did this through submissions to all the inquiries conducted by the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund, through a number of important reviews of aspects of the native title process, including a review commissioned by ATSIC into Native Title Representative Bodies32 and a review of PBC funding.33 It also commissioned an important paper in relation to water rights, of which native title was an important part.34 It is not clear whether the policy development role that ATSIC exercised in relation to native title issues has been transferred into the new arrangements and if so, how it is to be developed by the governTitle and the Aboriginal and Torres Strait Islander Land Fund, through a number of important reviews of aspects of the native title process, including a review commissioned by ATSIC into Native Title Representative Bodies32 and a review of PBC funding.33 It also commissioned an important paper in relation to water rights, of which native title was an important part.34 It is not clear whether the policy development role that ATSIC exercised in relation to native title issues has been transferred into the new arrangements and if so, how it is to be developed by the governtitle process, including a review commissioned by ATSIC into Native Title Representative Bodies32 and a review of PBC funding.33 It also commissioned an important paper in relation to water rights, of which native title was an important part.34 It is not clear whether the policy development role that ATSIC exercised in relation to native title issues has been transferred into the new arrangements and if so, how it is to be developed by the governTitle Representative Bodies32 and a review of PBC funding.33 It also commissioned an important paper in relation to water rights, of which native title was an important part.34 It is not clear whether the policy development role that ATSIC exercised in relation to native title issues has been transferred into the new arrangements and if so, how it is to be developed by the governtitle was an important part.34 It is not clear whether the policy development role that ATSIC exercised in relation to native title issues has been transferred into the new arrangements and if so, how it is to be developed by the governtitle issues has been transferred into the new arrangements and if so, how it is to be developed by the government.

The Commission urges the Authority, in its implementation of the legislation, to ensure that its actions are not only consistent with the procedural rights afforded to Traditional Owners by the Native Title Act 1993 (Cth), but that the free, prior and informed consent of Indigenous peoples is obtained before decisions affecting their lands and waters are made.

... very significant burden on some PBCs and that compulsory consultation should only be applied to decisions to surrender native title rights and interests in land or waters.33

Additionally, while the Bill creates a certain degree of consistency through the referral of powers of the States to the Commonwealth, the Commission is concerned about the impact of the Bill on the capacity for Indigenous peoples to fully exercise and enjoy their rights to their lands and waters obtained through the Native Title Act 1993 (Cth), and the various state land rights and cultural heritage regimes.

Indigenous communities have also been dealing with significant changes to the rules that govern Indigenous corporations being phased in, as well as changes to native title laws, issues relating to water rights, environmental protection and climate change, and so forth.

The Australian Government announced that it will recognise that non-exclusive native title rights can exist in territorial waters up to 12 nautical miles from Australian shoreline.

The South Australian Government, Farmers Federation and Chamber of Commerce are working with native title groups and the representative body, Aboriginal Legal Rights Movement, to establish a state - wide framework agreement in which an enormous range of issues, including, native title determinations, access agreements, service provision, public health, heritage protection, intellectual property rights, water management, environmental management infrastructure, heritage clearance and notification procedures are on the Rights Movement, to establish a state - wide framework agreement in which an enormous range of issues, including, native title determinations, access agreements, service provision, public health, heritage protection, intellectual property rights, water management, environmental management infrastructure, heritage clearance and notification procedures are on the rights, water management, environmental management infrastructure, heritage clearance and notification procedures are on the table.

In July 2008, the Attorney - General stated that the Commonwealth will now recognise that non-exclusive native title rights can exist in territorial waters up to 12 nautical miles from the Australian shoreline.

The effect of this reduction of procedural rights is extensive, effectively covering all the following kinds of lands and waters over which native title continues to exist: parts of Australian agricultural land, surface and subterranean water, airspace, reserved land, dedicated land and leases granted to statutory authorities.

Since the first native title claimant application was lodged by the Quandamooka Peoples in 1995, the process of resolving their native title required the claim group to decide who are the people in the native title claim group, who are the person or people that are the applicant, and negotiate with multiple parties about their native title rights and interests over North Stradbroke Island and some of the surrounding islands and waters of Morton Bay.

The Native Title Act may be an avenue through which Indigenous people might be able to access their human rights when they are related to land and waters.

(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.

If, after the commencement of the RDA in 1975, the Crown has enacted or amended legislation, granted or varied licences, created or extinguished any interest in relation to land or waters or created a contract or trust in relation to land or waters [9] and this act discriminates against native title rights and interests under the RDA, these acts would be invalid.

It is important to also keep in mind that the Act has always represented a pragmatic compromise by the legislators of this country, in which the recognition and enjoyment of native title rights are already subjugated to other rights and interests in relation to land and waters.

Both groups have non-exclusive native title rights in their respective parts of the claim area, totalling 24,247 sq km, including the right to: access; camp and build shelters; fish, forage and hunt in areas landwards of the low water mark; take ochre; take water for drinking and domestic use; cook and protect sacred sites.

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.

about ways of minimising the act's impact on registered native title rights and interests in relation to land or waters in the area

The Peoples of the Ngaanyatjarra Lands hold exclusive native title rights over most of the claimed area - approximately 187,000 sq km in Western Australia, stretching from the Gibson Desert Nature Reserve to the South Australian border.47 The Peoples of the Ngaanyatjarra Lands also hold non-exclusive rights over an unvested reserve in the claim area including rights to: enter and remain on reserved land; take flora and fauna; take water for personal, domestic or non-commercial communal purposes; take other natural resources such as ochre, stones, soils, wood and resin; and care for and protect sites of significance.

In the Croker Island decision, the High Court held that native title rights and interests over marine waters relating to fishing and general access to the area are not exclusive.

The preamble provides that governments have an obligation «(where appropriate) to facilitate negotiation on Indigenous economic land use».33 A grant of the native title right to fish for commercial purposes would allow traditional owner groups to use their land and waters for economic purposes and fulfil the objectives of the Native Titletitle right to fish for commercial purposes would allow traditional owner groups to use their land and waters for economic purposes and fulfil the objectives of the Native TitleTitle Act.

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.

Section 26 (3) of the Native Title Act limits the right to negotiate to acts that relate «to a place that is on the landward side of the mean high - water mark of the sea».

Social Justice Commissioners have shown constant leadership and advocacy in reporting on Aboriginal and Torres Strait Islander peoples» rights to our lands and waters in the Native Title Reports written between 1994 and 2012.

the status of Indigenous water rights, particularly native title water rights, remains unresolved and limits Indigenous peoples access and allocation to water resources

Whilst providing some procedural rights to Indigenous peoples regarding leases, licences and permits regulating the management of water, the Native Title Act has been interpreted as not imposing an obligation to comply with the common law rules of procedural fairness.

Water rights are considered a legal right to water use such as native title, harvestable right or for stock and domestic purposes, or other licence hoWater rights are considered a legal right to water use such as native title, harvestable right or for stock and domestic purposes, or other licence howater use such as native title, harvestable right or for stock and domestic purposes, or other licence holder.

However, access to economic development for the Indigenous peoples of the Murray - Darling via their lands and waters has to date been significantly limited by the priority of water allocations being given to industrial and agricultural activities, and the policy barriers to having their rights to their lands, waters and natural resources recognised, including the recognition of native title.

While s 211 of the Native Title Act preserves the right of native title holders to fish or engage in traditional activities, s 212 confirms the Crown's right to use and control the flow of wTitle Act preserves the right of native title holders to fish or engage in traditional activities, s 212 confirms the Crown's right to use and control the flow of wtitle holders to fish or engage in traditional activities, s 212 confirms the Crown's right to use and control the flow of water.

I am concerned that even if Indigenous peoples are granted native title water rights and interests, there are many ways for them to be validly overridden and not compensated.

The Commission seeks leave to submit that the provisions of the NTA which affect the concept (itself not statutory) of abandonment, the concept of traditional laws and customs, the requisite connection with the claimed land or waters, the burden of proof in relation to cessation, and the role of oral testimony in native title claims, amongst others sub-sec 223 (1), must be construed consistently with human rights standards relating to equality before the law [1], the rights of indigenous minorities to practise and revitalise their culture [2], and freedom of religion [3].

to the extent that the land or waters in the determination area are not covered by a non-exclusive agricultural lease or a non-exclusive pastoral lease - whether; the native title rights and interests confer possession, occupation, use and enjoyment of that land or waters on the native title holders to the exclusion of all others.