Australian Native Title Law
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By: Stephen Lloyd, Melissa Perry
Australian Native Title Law Second Edition annotates the Native Title Act 1993 (Cth) and analyses the common law principles applicable to native title. It explains the essential concepts and principles which underpin it, including relevant principles of constitutional, property and discrimination law, referencing a range of relevant authority and materials. The First Edition published in 2004 and was comprised of introductory explanatory chapters followed by a detailed annotation to the Native Title Act 1993 (Cth) and extensive reforms made in 1998 in light of the Wik decision. Since that time, some 27 amending Acts have come into force. The much-awaited Second Edition builds upon these foundations by bringing the Act up-to-date and providing detailed commentary on the more important of these amendments, in particular the Native Title Amendment Act 2007, the Native Title Amendment (Technical Amendments) Act 2007 and the Native Title Amendment Act 2009. The book now draws upon over 1,000 cases, including leading recent High Court decisions such as Queensland v Congoo (2015), Western Australia v Brown (2014), Karpany v Dietman (2013), and Akiba v Commonwealth (2013). Significant contributions from leading practitioners in the field are included, with a new section addressing proof of native title. Both new and experienced practitioners, decisions-makers, academics and students alike will find Australian Native Title Law Second Edition of invaluable assistance.
AI Overview
The book "Australian Native Title Law" by Melissa Perry and Stephen Lloyd provides a comprehensive analysis of the Native Title Act 1993 (Cth) and the common law principles applicable to native title in Australia. Here is a detailed overview of the book:
Key Themes
Native Title Act 1993 (Cth): The book annotates and analyzes the Native Title Act 1993, which is a cornerstone of Australian law regarding Indigenous rights and interests. It explains the essential concepts and principles that underpin native title, including relevant principles of constitutional, property, and discrimination law.
Common Law Principles: The authors delve into the intersection of common law and native title, highlighting how the common law recognizes and enforces native title rights and interests that existed at sovereignty and survived the change in legal regime.
Relevant Authority and Materials: The book references a range of relevant authority and materials, including leading High Court decisions such as Queensland v Congoo (2015), Western Australia v Brown (2014), Karpany v Dietman (2013), and Akiba v Commonwealth (2013).
Amendments and Reforms: The second edition of the book updates the Act with detailed commentary on significant amendments, particularly the Native Title Amendment Act 2007, the Native Title Amendment (Technical Amendments) Act 2007, and the Native Title Amendment Act 2009.
Proof of Native Title: A new section addresses the proof of native title, which is a critical aspect of establishing and maintaining native title rights.
Plot Summary
The book is organized as a commentary on the Native Title Act, providing a detailed annotation of the Act and its amendments. It covers introductory explanatory chapters followed by a detailed analysis of the Act and its application in various cases. The authors include significant contributions from leading practitioners in the field, making it a valuable resource for both new and experienced practitioners, decision-makers, academics, and students.
Critical Reception
The book has received positive reviews for its comprehensive coverage of native title law. Melissa Perry and Stephen Lloyd are recognized experts in the field, and their work is considered authoritative. The second edition has been particularly well-received for its updates and detailed commentary on recent amendments and High Court decisions.
In summary, "Australian Native Title Law" by Melissa Perry and Stephen Lloyd is a seminal work that provides a thorough understanding of native title law in Australia. It is a must-have resource for anyone involved in the field, offering insights into the complex legal framework governing Indigenous rights and interests.