Native Title in Australia

This 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.