A clear and comprehensive treatment of native title law and its operation in Australia today
This comprehensive and authoritative work provides the reader with an understanding of both the current operation of native title in Australia and its historical and political background and development. It covers the nature of the concept, its proof, content and extinguishment, explains its limited degree of protection in the context of future acts, and discusses the application of native title principles to resource development and traditional pursuits. It necessarily considers both the common law and the Native Title Act.
In the third edition of this highly regarded work, the author provides insightful discussion and analysis of many developments, including:
- the more moderate approach to extinguishment underlying recent High Court decisions such as Akiba v Commonwealth (2013), Karpany v Dietman (2013) and Western Australia v Brown (2014);
- confirmation of the native title right to engage in commercial exploitation of a resource, grounded in traditional laws and customs;
- observations on the increased usage of indigenous land use agreements and consent determinations;
- the inclusion of more substantial native title content in consent determinations;
- the legislative trend for amendments to the Native Title Act to be directed to efficiency and efficacy, rather than equality, to deliver an effective and timely process
A reflection on the 20 years since the decision in Mabo is also included.
Native Title in Australia provides an ideal basis for both undergraduate and postgraduate study of native title and related indigenous issues, and is a reliable and informative source for practitioners, researchers and government bodies requiring current information in this area.
Related LexisNexis Titles
Edgeworth, Rossiter, Stone & O’Connor, Sackville & Neave Australian Property Law, 9th ed, 2012
Hepburn, Australian Property Law, 3rd ed, 2014
Webb & Stephenson, Focus: Land Law, 3rd ed, 2009
This review was first published in the Law Institute Journal Vol 89.08 August 2015
First published in QLD Lawyer Volume 35 Part 2 July 2015. Reproduced with the kind permission of Thomson Reuters
