Requisite(s): 70317 Real Property
There are also course requisites for this subject. See access conditions.
This subject examines the relationship of Aboriginal and Torres Strait Islander customary rights and the development of Indigenous land rights. The course will examine developments in land rights legislation, the recognition of native title, and legislative and common law developments in land rights and native title.
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; legal proceedings relating to Aboriginal land claims, the effect of the decision of the High Court in Mabo v. Queensland (No. 2) 1992, the Native Title Act 1993 (Cwlth), amendments to the Native Title Act 1993 (Cwlth) and recent developments.