Contents
Introduction
Chapter 1: Recognition of native title
Introduction
Human Rights Standards relevant to the Recognition of Native Title
- Cultural Rights
- Equality and Non-Discrimination
- Relationship between equality and rights of minorities to protection of their culture
- Freedom of Religion and Belief
- Self Determination
- Human Rights Committee
- Committee on Economic, Social and Cultural Rights
The Legal Recognition of Native Title
- The Process of Recognition
- Sovereignty and the recognition of native title
- Native title as a bundle of rights and interests
- The Relationship between the Recognition and Extinguishment of Native Title
- Observing and Acknowledging Traditional Laws and Customs under NTA s223(1)(a)
- Establishing Connection to Country under s223(1)(b)
- Interpretation of connection to country in De Rose v South Australia
- Interpretation of connection to country in Kennedy v Queensland
- Limitations set by the Courts on the Protection of Cultural Knowledge
- Recognition by the Common Law under s223(1)(c)
Conclusion
Chapter 2: Extinguishment of Native Title
Extinguishment
- Mechanisms of Extinguishment: An Overview
- Criteria for Extinguishment not Co-existence
- Identifying Rights
- Comparing Rights
- Finding inconsistency
- Finding extinguishment
- NTA Prescribes Complete and Partial Extinguishment of Native Title
- The confirmation provisions
- The validation provisions
- Interaction of the validation and confirmation provisions
- NTA Fails to Proscribe Extinguishment Resulting from the Application of General Principles
- The NTA fails to proscribe the extinguishing effect of historic tenures
Limited compensation for the deprivation of native title rights
Conclusion
Chapter 3: Discrimination and native title
Principles of Discrimination under Australian Law
Application of the Racial Discrimination Act to the Extinguishment of Native Title
Extinguishment and Discrimination under the Native Title Act
Extinguishment of Native Title at International Law
Comparing the Domestic and International Standard of Equality
Chapter 4: Implications of Miriuwung Gajerrong and Wilson v Anderson
Miriuwung Gajerrong
- Extinguishment – Native Title in Nature Reserves
- Effect of the Racial Discrimination Act 1975
- Nature Reserves in Western Australia
- Martu
- Gibson Desert native title applicants
- A Human Rights Appraisal
- The exercise and enjoyment of culture
- Self determination
- Effective participation
- Sustainable Development
- Sustainability in Western Australia
- Extinguishment and sustainability
- The Western Australian Conservation Estate – a Human Rights Framework Approach
- Recognition and protection of traditional interests in conservation areas
- Conditional terms
- Protection of rights and interests
Wilson v Anderson
- The Western Lands Act
- The effect of land administration in western New South Wales
- Extinguishment of Native Title in the Western Division
- The Human Rights Implications of Extinguishment in the Western Division
- Native title
- Enjoyment of culture
- Self determination and effective participation
- Response to a Human Rights Approach
Chapter 5: Native title: the way forward
Levels of Reform
- Mechanisms of Change
- Tier one: amending Commonwealth legislation
- Tier two: amending State and Territory legislation
- Tier three: agreements
Beyond Native Title
Annexures
1. Principles of Discrimination and Native Title
2. Table of Tenures/Interests and their Affect on Native Title
3. Summary of the Validation and Confirmation of Extinguishment Provisions in the Native Title Act 1993
Download the Native Title Report 2002
The Native Title Report 2002 is available for download in
PDF format (1.4MB)
To obtain a copy of the report in hard copy format visit the HREOC Publications page
