Published: 01 December, 2019
Part 1 Background
Chapter 1 Legal History
Chapter 2 Protection and Recognition of Native Title: Mabo
Chapter 3 Political and Legislative Responses to Mabo
Chapter 4 Pastoral Leases and Equality: Wik
Chapter 5 The Ten Point Plan: Workability and the Denial of Equality
Chapter 6 Retreating from Mabo and Wik — Frozen Rights and Judicial Denial of Equality:
Ward
Chapter 7 An Onerous Burden of Proof: Yorta Yorta
Chapter 8 Nigh Impossible to Prove Native Title in Urban Areas: Bennell
Chapter 9 Returning to the First Principles of Mabo and Wik in Akiba and
Brown
Chapter 10 Efficiency, Not Equality, the Focus of Legislative Change
Chapter 11 Constitutional Framework of Native Title
Part 2 Nature of Native Title
Chapter 12 Concept of Native Title
Chapter 13 Proof
Chapter 14 Making a Claim Under the Native Title Act 1993 (Cth)
Chapter 15 Content of Native Title
Chapter 16 Transferability and Alienability
Chapter 17 Proprietary Nature of Native Title
Part 3 Extinguishment and Validation
Chapter 18 Jurisdiction to Extinguish and Constitutional Protection
Chapter 19 Extinguishment and Impairment at Common Law: 1788–1975
Chapter 20 Confirming or Deemed Extinguishment: 1788–1996
Chapter 21 Extinguishment and Suspension: 1975–1996
Chapter 22 Disregarding Historic Extinguishment
Part 4 Future Dealings
Chapter 23 Future Act Process
Part 5 Right to Negotiate, Agreements and Settlements, and Compensation
Chapter 24 Development of a Framework of Negotiation, Agreements and Settlements
Chapter 25 Right to Negotiate
Chapter 26 Indigenous Land Use Agreements
Chapter 27 Consent Determinations
Chapter 28 Compensation
Part 6 Fiduciary Obligations
Chapter 29 Fiduciary Obligation as to Native Title
Part 7 Resource Developments and Traditional Pursuits
Chapter 30 Minerals and Petroleum
Chapter 31 Water
Chapter 32 Hunting, Fishing and Gathering Rights
Part 8 Institutions and Jurisdiction
Chapter 33 National Native Title Tribunal and the Federal Court
Chapter 34 Representative Bodies
Chapter 35 State and Territory Jurisdiction
Part 9 Reflections on Native Title
Chapter 36 Twenty Years to a Limited Acceptance