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Native Title in Australia, 4th edition (eBook)

Native Title in Australia, 4th edition is a clear and comprehensive treatment of Australian native title law and its operation by Richard Bartlett (Author)

Published: 01 December, 2019

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eBook
MYR 0.00
ISBN: 9780409350937
Native Title in Australia, 4th edition is a clear and comprehensive treatment of Australian native title law and its operation by Richard Bartlett (Author)

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