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The Effectiveness Of Native Title Essay

903 words - 4 pages

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.

The decision of the Mabo case in 1992 resulted in the adoption of the
Australian Native Title, which recognises the traditional connection
aboriginals have with the land and gives them the right to a say in
the development and use of certain sites. There was a great lead up to
the establishment of the native title, which began when the Europeans
invaded Australia, claiming the land their own through the European
law claiming vacant land. Although aboriginals occupied Australia the
Europeans claimed the land terra nulius because the people who were
there, were considered unhuman and therefore were not actually
occupying or living on the land. The indigenous people attempted to
resolve the disaster the European invasion caused by asking for a
treaty, however their wishes were not recognised. The aboriginals were
not recognised as land owners until the High Court decision of the
Mabo case in 1992, which was closely followed by the adoption of the
Native Title Act 1993. 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...

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