Paper Summary:

Discusses the evolution of Australian policy and practice regarding land rights. Denial of land to Aborigines and other indigenous peoples. Land use and economic benefits. Land agreements. Court cases and rulings. Political controversy. Traditional view of Aboriginal rights. History of the country. UN intervention. Statatory framework to determine land claims.

From the Paper:

"AUSTRALIAN NATIVE TITLE LAW AND RIGHTS OF INDIGENOUS PEOPLE

This research paper discusses the evolution of Australian policy and practice concerning the rights of Aborigines and other indigenous peoples with respect to land, the functioning of, and the pros and cons of taking recourse to, National Native Title Tribunals (NNTTs) and the right of indigenous peoples to negotiate (RTN) regarding land use and its economic benefits. In the early 1990s the High Court by its decisions in certain landmark cases recognized after nearly two centuries of denial that native Australians had rights with respect to lands they had traditionally occupied. By enacting the Native Title Act 1993, ch. 110 (the '93 NTA), the Commonwealth Parliament established mechanisms for determining the validity and scope of native land title claims. However, grave uncertainty and ..."

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