Topic > The Effectiveness of Native Title - 643

The Effectiveness of Native Title Debate over native title issues tends to view issues from idealistic perspectives while ignoring the practical realities that native title poses to governments, industry and indigenous populations. The implementation of Native Title is an appropriate and significant aspect of Australian common law and statute, which effectively aims to develop an equitable outcome for all Australian citizens. The Native Title Act 1993, like the 1992 Mabo court decision, transforms the ways in which indigenous ownership of land can be formally recognized and incorporated into Australian legal and tenure regimes. The implementation process, however, raises a number of crucial issues of concern to native title claimants and other stakeholders. These issues will need to be resolved in court, however, despite numerous disputes between stakeholders, Australian Native Title actually achieves the best and fairest outcomes possible for all Australian citizens. The Mabo case decision in 1992 led to the adoption of the Australian Native Title, which recognizes the traditional connection that Aboriginal people have to the land and gives them the right to intervene in the development and use of certain sites. There was a major step towards the establishment of native title, which began when Europeans invaded Australia, claiming the land as their own through European law claiming vacant lands. Although Aboriginal people occupied Australia, Europeans claimed the land terra nulius because the people there were considered non-human and therefore did not actually occupy or live on... middle of paper... toral lease does not extinguish necessarily the property rights of the natives, the situation of the miners and the complexity of the legislation, which causes problems of understanding for the 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. We now understand that Aboriginal land ownership dates back more than 40,000 years, which is recognized in the Australian states. Native title. This important aspect of Australian common and state law should be further taught in schools, colleges and the community due to its ongoing political, social, cultural and legal significance. Native title was adopted not only for the benefit of Indigenous citizens but also for Australian society as a whole.