This is a paper that focuses on the legal framework for the recognition of Native Title. The paper also discusses the relevance of present legal position of the topic title.
The legal framework for the recognition of Native Title
Overview The written assignment is to reinforce your learning. Measure your achievement of the unit learning outcomes 1, 3, 4 and 5. The assignment requires you to answer the question below. The word limit is 2,500 words (excluding footnotes)
“…property, in its many forms, generally implies the right to use or enjoy, the right to exclude others and the right to alienate. I do not say that all these rights must co-exist before there can be a proprietary interest, or deny that each of them may be subject to qualifications.”
Blackburn J in Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141 at 268-73
Firstly, critically assess the extent to which (if any) the legal framework for the recognition of Native Title is subordinate to the recognition of non-Indigenous systems of title to land in Australia. Secondly, discuss whether and (if relevant) how the present legal position of Native Title in relation to other systems of title to land ought to be amended by reference to both the common law’s approach to the conceptualization of proprietary interests and the substantive and procedural aspects of the Native Title legislation.
Essential references: Katy Barnett ’Western Australia v Ward; One Step Forward and Two Steps Back: Native Title and the Bundle of Rights Analysis’ (2000) 24 (2) Melbourne University Law Review 462 Irene Watson, ’Aboriginal Laws of the Land: Surviving fracking, golf courses and also drains among other extractive industries’ in Nicole Rogers and Michelle M Maloney (eds), Law As If Earth Really Mattered: The Wild Law Judgment Project (Routledge, 2017) 209.
Lastly, assignments referencing in accordance with the Melbourne University Law Review Association. Also, Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018). This guide is available electronically at: https://law.unimelb.edu.au/mulr/aglc/about