76703 Indigenous Peoples and Land Law

This subject examines the relationship of Aboriginal and Torres Strait Islander customary rights and the development of Indigenous land rights culminating in the enactment of the Native Title Act 1993 (Cwlth).

The syllabus includes the following: the evidence of Aboriginal and Torres Strait Islander customs and traditional law; statutory recognition of aspects of customary law including traditional interests in land or items of cultural heritage, traditional hunting, fishing and gathering rights; issues as to the admissibility of evidence pertinent to the veracity of Aboriginal and Torres Strait Islander customs and traditional law; legal proceedings relating to Aboriginal land claims; assertion of common law title to land; action arising under particular statutory provisions relating to Aboriginal customs; determination of disputes governed by traditional Aboriginal law or custom; and the effect of the decision of the High Court in Mabo v. Queensland (No. 2) 1992 and the Native Title Act 1993 (Cwlth) – the Commonwealth approach to the recognition and determination of native title to land in Australia.