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THE EFFECTIVENESS OF NATIVE TITLE

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Introduction

THE EFFECTIVENESS OF NATIVE TITLE The debate about native title issues has tended to see issues from idealistic perspectives ignoring the practical realities that native title poses to governments, industry and indigenous people. The implementation of the Native Title is an appropriate and significant aspect of Australia's common and statute law, which effectively strives to develop a fair outcome for all Australian citizens. The Native Title Act 1993, like the court Mabo decision in 1992, transforms the ways in, which indigenous ownership of land may be formally recognised and incorporated within Australian legal and property regimes. The process of implementation, however, raises a number of crucial issues of concern to native title claimants and to other interested parties. These issues will need to be settled in court however, despite the many disputes between opposing stakeholders, the Australian Native Title effectively reaches the best and fairest possible outcomes for all Australian citizens. ...read more.

Middle

The decision of the Mabo case effectively benefits the many aboriginals whose ancestors where unfortunate having had their land and homes invaded by Europeans in 1788. There are many stakeholders involved in the dispute revolving around native title however, both the statue and common law is effective in producing the fairest possible outcomes for all parties involved. The process of claiming land in more complex then simply applying for the claim, for native title to exist there must be an ongoing link between the current inhabitant and the ancestors form pre-colonial times. Native title can be extinguished is the holders lose their connection with the land. The Government believes it has provided a fair and balanced framework for the future by adopting the Native Title Act in 1993. The interpretation of native title is often misunderstood, which results in the establishment many negative opinions regarding native claims. ...read more.

Conclusion

Although the title provides the fairest possible outcomes for most stakeholders, there are certain aspects of the law they could be reconsidered and amended. These features include the Wik case, which sets the principle that the granting of pastoral lease does not necessarily extinguish native title rights, the situation regarding miners and the complexity of the legislation, which causes understanding problems for the indigenous people. Despite these small problems, the native title is an effective aspect of our common and statute law, which strives to achieve fair results for all citizens. Today we understand that the aboriginal's form of ownership of the land extends back more the 40,000 years, which is recognised in the Australian Native Title. This important aspect of Australia's common and statue law should be further taught in schools, universities and to the community because of its ongoing political, social, cultural and legal significance. Native title was adopted not only to benefit indigenous citizens but also the Australian society as a whole. ...read more.

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Here's what a teacher thought of this essay

3 star(s)

A good essay about the foundations of native title but where is the analysis of effectiveness?

Issues to be explored include: native title within the 'hierarchy' of Australian property rights; the difficulty of proving the ongoing connection to the land native title is claimed over (issues of evidence, the break in connection caused by WW2 etc.); issues related to numerous native title groups (overlapping claims and disagreements etc.); insufficiency of compensation; financial issues (eg. up to 80% of funds lost to experts); biased arbitration process; no veto rights and compulsory acquisition.

3 Stars.

Marked by teacher Edward Smith 23/07/2013

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