Native Title in Australia

"Native Title in Australia" by Richard H. Bartlett is a comprehensive and authoritative work on the subject of native title in Australia. Here is a detailed overview of the book, including its key themes, plot summary, and critical reception:

Key Themes

1. Native Title Principles: The book thoroughly examines the principles of native title, including its development and application in contemporary Australia.
2. Legislation and Case Law: It provides an updated analysis of the relevant legislation and case law, such as the Mabo decision and subsequent High Court rulings like Yanner v Eaton and Commonwealth of Australia v Yarmirr.
3. International Context: The book frames the discussion of native title within an international context, drawing comparisons with other jurisdictions such as the United States and Canada.
4. Land Tenure and Indigenous Rights: It delves into the law and legislation regarding native title, land tenure, and the rights of Australian Aborigines and Torres Strait Islanders.

Plot Summary

The book is structured to provide a detailed understanding of the current operation of native title in Australia. It covers various aspects, including:

• Historical Background: The historical context of native title and its evolution.
• Legal Framework: An in-depth analysis of the legal framework governing native title, including key statutes and court decisions.
• Case Studies: Detailed examination of significant cases that have shaped the native title jurisprudence in Australia.
• Future Acts and Extinguishment: Discussions on future acts and the extinguishment of native title rights.
• Compensation and Agreements: Coverage of compensation and agreements related to native title.

Critical Reception

The book has received positive reviews for its comprehensive and authoritative approach to the subject. Here are some critical reception highlights:

• Review by Alex Reilly: In a review published in the Murdoch University Electronic Journal of Law, Alex Reilly praises the book for its thoroughness and descriptive nature, noting that it provides a valuable resource for both undergraduate and postgraduate studies.
• Updated Edition: The second edition (2004) was particularly noted for its updates on recent developments in legislation and case law, making it a valuable resource for scholars and practitioners alike.

Editions and Publication

The book has been published in two editions:

1. First Edition (1999): The initial edition was published by Butterworths in 1999, which was reviewed by Alex Reilly in 2000.
2. Second Edition (2004): The second edition, published by LexisNexis Butterworths in 2004, includes significant updates and an expanded bibliography, making it a more comprehensive resource.

In summary, "Native Title in Australia" by Richard H. Bartlett is a seminal work that provides a thorough understanding of native title principles, legislation, and case law in Australia. Its comprehensive nature and authoritative approach have made it a valuable resource for scholars and practitioners in the field.