LAW316 Lecture 3 - Lecture 3 Native edit Click toTitle...

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Click to edit Master subtitle style 5/31/10 Lecture 3 Native Title 11
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5/31/10 Indigenous land use agreements (ILUA’s) 33
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5/31/10 Native title applications 44
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5/31/10 History of Native Title settlement and the reception of English law universal disregard for the rights of the indigenous people The impact of feudalism and the tenure system 55
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5/31/10 Attorney-General v Brown (1847) 2 SCR (NSW) App 30 The lands of the colony: ..are, and ever have been, from the time of its first settlement in 1788, in the Crown 66
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5/31/10 Aboriginal property system Land is communally, not individually held Land is inalienable and not considered as a commodity Land is not solely an economic resource – It has cultural or spiritual value and is considered to be the source of identity Property law is not just about rights – 77
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5/31/10 88
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5/31/10 Milirrpum v Nabalco Blackburn J “subtle and elaborate system highly adapted to the country in which the people led their lives, which provided a stable order of society and was remarkably free from the vagaries of personal whim or influence. If ever a system could be called a government of laws, and not of men, it is shown in 99
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5/31/10 Whitlam and Lingiari 1010 http://www.youtube.com/watch?v=6_ndC07C2qw
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5/31/10 Gough Whitlam We will legislate to give Aboriginal Land Rights - because all of us as Australians are diminished while the Aborigines are denied their rightful place in this nation. 1111
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5/31/10 The Woodward Commission In 1973 Gough Whitlam appointed Justice Woodward to hold a Commission of enquiry It reported in 1975 recommending the granting of a special, in inalienable form of freehold title 1212
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5/31/10 Aboriginal Land Rights Act 1983 We believe that we are speaking for the majority of Aborigines along the South Coast and throughout NSW when we say that the Committee’s terms of reference are WRONG! They are wrong because they do not give importance to Land Rights; they put Land Rights in third place 1313
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5/31/10 Aboriginal Land Council annual report, 2005/6 It is essential, in my view, we
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LAW316 Lecture 3 - Lecture 3 Native edit Click toTitle...

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