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  • Essay / The Effectiveness of Native Title - 643

    The Effectiveness of Native Title The debate on issues relating to native title has tended to view the issues from an idealistic perspective, ignoring the practical realities that native title poses for governments, industry and indigenous peoples. The implementation of native title is an appropriate and important aspect of the common law and laws of Australia, which effectively strive to achieve a fair outcome for all Australian citizens. The Native Title Act 1993, like the Mabo Tribunal decision in 1992, transforms the way in which indigenous ownership of land can be formally recognized and incorporated into Australian legal and property regimes. The implementation process, however, raises a number of critical issues of concern to native title claimants and other interested parties. These issues will have to be resolved in court. However, despite the many disputes between opposing stakeholders, Australian native title does indeed achieve the best and fairest possible outcomes for all Australian citizens. The Mabo decision in 1992 led to the adoption of Native Australian title, which recognizes the traditional connection that indigenous people have with the land and gives them the right to have a say in land use. and the use of certain sites. There was a long period of preparation for the establishment of native title, which began when Europeans invaded Australia, claiming their land through the European Vacant Land Claims Act. Although Aboriginal people occupied Australia, Europeans claimed the land terra nullius because the people there were considered inhumane and therefore did not actually occupy or inhabit... in the middle of the paper... the legal lease does not necessarily extinguish the property rights of the natives. , the situation of minors and the complexity of the legislation, which poses problems of understanding for indigenous people. Despite these minor issues, native title is an effective aspect of our common and statutory law, which strives to achieve fair outcomes for all citizens. Today we understand that Aboriginal form of land ownership dates back over 40,000 years, which is recognized across Australia. Native title. This important aspect of Australian common and statutory law should be taught more in schools, universities and the community because of its political, social, cultural and legal significance. Native title was adopted not only for the benefit of indigenous citizens but also of Australian society as a whole..