Is the Holding and Management of Native Title Rights for Traditional Land Owners a Charitable Public Benefit?
5.1 A Brief Background to the Meaning of Native Title In the Mabo decision of 1992 the High Court accepted the concept of native title when it said: …the common law of Australia recognizes a form of native title which reflects the entitlements of the indigenous inhabitants, in accordance with their laws and customs, to their traditional lands.[29] This concept does not spring from the common law nor is it a form of land tenure developed by the common law. Native title originates from the traditional laws acknowledged and the customs observed by the indigenous people who possess the native title. It could be said to be an intersection of the common law and customary law.[30] Native title rights vary due to the diverse nature of systems of indigenous traditional laws and customs and the difficulties in gaining access to information regarding these systems. However generally speaking they include rights to assert valid proprietary claims over an area of land and to speak for and represe
Related Questions
- What consultation has been done with traditional owners and aboriginal groups regarding their native title rights and interests?
- Does the Declaration give Indigenous peoples greater rights to land beyond those specified in the Native Title Act?
- Is the Holding and Management of Native Title Rights for Traditional Land Owners a Charitable Public Benefit?
