NATIVE TITLE in AUSTRALIA (Second Edition)

This new edition provides a comprehensive and substantially revised treatment of the law of native title in Australia and takes account of the landmark High Court of Australia decisions in Yarmirr (2001), Western Australia v Ward (2002), Wilson v Anderson (2002) and Yorta Yorta (2002). It also includes: the history and relationship of the law of native title to the dispossession of the indigenous people and colonisation of Australia; an account of Mabo, Wik and the Ten Point Plan; the retreat from Mabo in Western Australia v Ward and Yorta Yorta; a consideration of the concept, proof, content, compensation and extinguishment of native title; the making of a native title claim; the fiduciary obligation as to native title; the implications of native title for future dealings, resource development and traditional pursuits; an account of the role of the National Native Title Tribunal, the Federal Court and representative bodies; the constitutional framework including the role of the states and territories; and a comparison with the regional agreement approach in North America. Provided is a synthesis of both the common law and legislation, explaining how the Native Title Act 1993 affirms, supplements or overrides the common law. Aboriginal Studies. Prev. ownership on prelim. pp. lxv, 771 #0918R