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What are the two types of Aboriginal land claims?
There are different types of land claims. Comprehensive claims (also known as modern treaties) deal with Indigenous rights, while specific claims concern the government’s outstanding obligations under historic treaties or the Indian Act.
How do native title claims work?
Native title claims are made through applications to the Federal Court or High Court of Australia. The members of the native title claim group seek a decision from the court that native title exists, so their rights and interests are recognised by the common law of Australia.
What was the Aboriginal Land Rights Act 1983 NSW?
The Aboriginal Land Rights Act, 1983 (ALRA) provides land rights for Aboriginal people in NSW. The principle of self-determination underpins the ALRA. Land is vested in representative land councils that work to deliver tangible economic, social and cultural benefits to Aboriginal communities in NSW.
What is an example of a specific land claim?
For example, a specific claim could involve the failure to provide enough reserve land as promised in a treaty or the improper handling of First Nation money by the federal government in the past.
Can Indigenous people claim land?
Aboriginal communities in NSW can claim land to compensate them for historic dispossession of land and to support their social and economic development. The Aboriginal Land Rights Act 1983 (ALRA) was introduced to compensate Aboriginal people in NSW for dispossession of their land.
How long do native title claims take?
For example, successful claims in New South Wales, where the determination found that native title either exists, or exists in part, were among the longest in Australia. These claims take an average of 16.5 and 10.8 years respectively.
How do Aboriginal people prove their native title?
Native title requires Aboriginal people to prove they have had a continuous and unbroken connection to their country since colonisation, which in Western Australia was 1829.
What does the Aboriginal Land Rights Act 1976 provide?
The main purpose of the Act is “to reinstate ownership of traditional Aboriginal land in the Northern Territory to Aboriginal people” (Austrade). It provides for the grant of inalienable freehold title for Aboriginal land, meaning that the land cannot be bought or otherwise acquired, including by any NT law.
What land rights do indigenous people have?
The linkage between land – a particular territory – and a respective First Nation is the basis of defining peoples as indigenous. Coupled with this is the recognition that indigenous peoples have the right to own, use, develop, and control their own lands.
Who qualifies for land claim?
The law lists five groups of claimants as follows:
- Dispossessed individuals.
- A direct descendant of a dispossessed person who had rights to the property.
- A community executor.
- An administrator or executor of a deceased person’s estate.
- Someone who is juristic like a trust or a company.
What might be stated in a land claim?
In a reserve land claim, an Indigenous community might state that: the boundaries or the size of a reserve should be adjusted. reserve land was used in the past (e.g., to build a road) without permission. financial compensation should be paid for using reserve land (e.g., the flooding of reserve land by a dam)
What land rights do Indigenous people have?
Can indigenous people claim land?
What rights do Aboriginals have in NSW?
Land Rights. The Aboriginal Land Rights Act, 1983 (ALRA) provides land rights for Aboriginal people in NSW. The principle of self-determination underpins the ALRA. Land is vested in representative land councils that work to deliver tangible economic, social and cultural benefits to Aboriginal communities in NSW.
What is an Aboriginals land claim?
Land Claims. Aboriginal communities in NSW can claim land to compensate them for historic dispossession of land and to support their social and economic development. The Aboriginal Land Rights Act 1983 (ALRA) was introduced to compensate Aboriginal people in NSW for dispossession of their land.
What is the Aboriginal Land Rights Act 1983?
The Aboriginal Land Rights Act 1983 (ALRA) was introduced to compensate Aboriginal people in NSW for dispossession of their land. The ALRA enables Local Aboriginal Land Councils (LALCs) to claim Crown Land, that is, land in NSW that is owned and managed by the State Government.
What is the Office of the Aboriginal land rights registrar?
An Office of the Registrar has existed since the beginning of the Aboriginal Land Rights Act in NSW in 1983. The functions of the Registrar are set out in section 165 of the Act.