Publications

Publications

Search publications by:

Native Title

  1. 3 Feb 17 Native Title - Individual ‘power of veto' jeopardises ILUAs There has been a change in Native Title law - McGlade v Native Title Registrar [2017] FCAFC 10 (McGlade). All applicants who comprise a ‘registered native title claimant’ must execute an ILUA for that ILUA to be effectively registered. Until and unless this decision is overturned by appeal or legislative change, the impact is far reaching in respect of both registered ILUAs and the validity of future acts done under them, and the registration of future ILUAs.
  2. 11 Dec 15 Darkinjung Local Aboriginal Land Council v Minister for Planning and Infrastructure The Land and Environment Court of NSW upheld the appeals lodged by the Darkingjung Local Aboriginal Land Counicl and the Australian Walkabout Wildlife Park Limited and refused the amended application for extension of the Calga Sand Quarry.
  3. 22 Sep 15 Authorisation meeting for Native Title claim, Hunter Valley Region An authorisation meeting of the Wonnarua Traditional Custodians will be held on Wednesday 23 September 2015. The meeting is being held for the Wonnarua people to authorise the filing of two Native Title Determination Applications over the Wonnarua Traditional Custodians claimed areas 3 and 4.
  4. 4 Aug 15 NSW mining lease applications - New protocol for proof of extinguishment of native title In July 2015, the Department of Industry, Resources and Energy released an updated ‘Protocol for Evidencing Proof of Extinguishment of Native Title’. The Protocol is designed to assist mining title applicants in identifying suitable and adequate documents which evidence that native title has been wholly extinguished over the land subject to the proposed mining title.
  5. 18 May 15 High Court: Native title not extinguished by Commonwealth control of land in WWII On 13 May 2015, a split decision in the High Court was handed down in the case of Queensland v Congoo [2015] HCA 17, ruling that WWII military orders did not extinguish the native title rights of the Bar Barrum People in areas of land in the Atherton Tableland in Queensland.
  6. 10 Apr 15 Overlapping native title claims - what are your options? Registered native title claims overlap a significant portion of Queensland. For those who have an interest within an area covered by such a claim, there are a number of options available to you regarding your involvement.
  7. 2 Apr 15 Notification of Plains Clans Wonnarua People's native title determination application The native title claim filed on behalf of the Plains Clans of the Wonnarua People (PCWP) was registered on the National Native Title Tribunal register on 16 January 2015. Persons with an interest affected by the PCWP claim now have until 24 June 2015 to apply to the Federal Court to become a party to the proceedings.
  8. 2 Feb 15 Urbanisation contributes to extinguishment of Native Title over the greater Brisbane region Last Tuesday, the Federal Court handed down a determination close to home for many - that native title has been extinguished over a large tract of the greater Brisbane region. This decision rejected native title claims made by two groups, namely the Yugara/Yagarapul People and the Turrbal People.
  9. 19 Jan 15 The Wonnarua People's native title claim registered over the Hunter Valley region The National Native Title Tribunal (NNTT) handed down a decision on Friday to register the Wonnarua People as native title claimants over 10,000 square kilometres of the Hunter Valley region in New South Wales.
  10. 25 Nov 14 ACCC's crackdown on Aboriginal and mining 'cartels' The ACCC is conducting investigations following allegations that mining companies have engaged in cartel conduct by paying ‘registered Aboriginal parties’ the same pre-fixed rate to conduct cultural heritage surveys and to manage or salvage artefacts affected by mining development.
  11. 13 Jun 14 Awabakal Aboriginal Land Council granted ownership of historic Newcastle building A long running Aboriginal Land Claim has been determined by the New South Wales Land and Environment Court, with the order that ownership of the former Newcastle Post Office building be transferred from the State Government to the Awabakal Local Aboriginal Land Council.
  12. 2 Apr 14 High Court rules that mining leases do not necessarily extinguish native title On 12 March 2014 the High Court handed down a unanimous decision that mining leases granted pre-1975 do not extinguish native title if the lease does not grant exclusive possession. The Court confirmed mining rights and native title rights can co-exist and clarified when native title rights will be extinguished by statutory rights at common law.
  13. 13 Aug 13 Native Title Working Group recommendations, the ALRC inquiry, and Akiba On 3 August 2013, the Rudd Government indicated support for Native Title Working Group recommendations on land-related payments received by native title holders and Indigenous communities from agreements under the Native Title Act 1993 (Cth).

In this section