• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

THE EFFECTIVENESS OF NATIVE TITLE

Extracts from this document...

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.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

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

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Marked by a teacher

    Explain the role and effectiveness of the law commission

    3 star(s)

    The law commission was successful in reforming small areas of law. The first 20 reforms were enacted within an average of 2 years. Within 10 years of its existence it had a high success rate of 85%. Possibly the other 15% went on backlogs or they could be still waiting to be reformed.

  2. There are four different types of law, criminal, civil, common and statuate. In this ...

    If they come to the decision that exceeds their maximum penalty, then your trial will be taken to a crown court where it will be heard again and a judge will sentence you. I hope this letter has proved useful and I wish you all the best in court.

  1. Consumer Protection Act 1987 This act states that the sellers are liable to any ...

    This is because by having this symbol a manufacturer/importer makes a declaration that the product complies with this law. So for example, Tesco sells a product and it does not have the CE symbol, then Tesco are breaking the law.

  2. "Discuss the meaning and constitutional significance of the rule of law. Illustrate your answer ...

    Today it is difficult to share Dicey's faith in the common law as the primary legal means of protecting the citizen's independence against the state. Dicey's view of the rule of law is based on assumptions about the British system of government which in many respects no longer applies.

  1. Does Hart's theory differ to the 'gunman writ large' situation?

    and normative language such as 'you ought' or 'you are obliged to'. Legal rules are then distinguished from social rules by the existence of the "rule of recognition" through which the laws of a particular legal system are identified. The significance of the internal aspect is illustrated vividly by MacCormick2.

  2. To What Extent Have the Main Aims of the Land Registration Acts Been Met?

    due to fierce opposition7 and instead only certain areas were subject to compulsory registration. As time passed more areas were added to those which were compulsorily registrable but it was not until the 1960s that the system started to become widespread in the provinces.

  1. Offences against the person act 1861; criticisms and reforms.

    A survey carried out by Mooney for the Zero Tolerance against domestic violence returned some alarming results. Of the men questioned only one in three said they would never use violence against their partners, the other two-thirds said they could envisage a situation where they would use violence.

  2. Study the concept of Reasonable man and reasonability in tort law.

    This becomes even more surprising when it is noted that entire cases involving huge penalties have been decided on this sole concept. In spite of this very perplexing nature it has to be again noted that the reasonable man also has his own importance in various books dealing with tort law.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work