Great Deal! Get Instant $10 FREE in Account on First Order + 10% Cashback on Every Order Order Now

Introduction Throughout Australia, land property or native title claims are primarily resolved through the negotiated consent decisions rather than controversial litigation. Governments’ decision to...

1 answer below »
Introduction
Throughout Australia, land property or native title claims are primarily resolved through the negotiated consent decisions rather than controversial litigation. Governments’ decision to agree to decisions might be guided by several considerations, including recognition and justice of rights or intergovernmental commitment to “shrinking the gap between indigenous disadvantages”, promoting indigenous economic development and promoting respect for government and indigenous and To
es Strait Islander people. This essay discusses the recognition of Native Tittle on land, and since the settlement in Europe, the clan has to constantly practice its laws and customs.
Native Tittle of Land in Australia
The claim to the so-called “Golden Pyramid” has provided a potential legal ba
ier to the Gympie Bypass program on the Bruce Highway. Also known as the Rocky Ridge, the area is known for its evidence of human habitation[footnoteRef:1]. Some ancient Egyptians or unrecorded Chinese or Italian settlers called the GYMPIE pyramid artifacts, which are actually very important indigenous artifacts, Kabi Kabi activist Wit-booka said yesterday. He is also known as the southern resident Gary Tomlinson, who said he has regained the identity of his aborigines and said that Loki Ritchie’s land shows important signs of Aboriginal land management being portrayed by those who wish to portray his people.The original person denied it. He said that the region and its artifacts are essential to the well-being and culture of his people[footnoteRef:2]. The rocks on the hillside show dents, which he said after centuries of a
asion, used to grind grass and other seed particles to make the original damper. [1: 'Gympie Pyramid' Sparks Aboriginal Land Rights Claim (2016) Gympie Times www.gympietimes.com.au/news/native-title-claim-over-gympie-pyramid-rocky-ridge/2963679
.] [2: Kenneth C. Hodgkinson, "Land Of Sweeping Plains: Managing And Restoring The Native Grasslands Of South-Eastern Australia" XXXXXXXXXX) Restoration Ecology.]
The UNC on the Punishment and Prevention of Genocide Crime, adopted in the year 1948, has recently emerged as part of the human rights guarantees of the Allied forces over Naziism and related philosophy. It led to Australia’s 1949 genocide law, which prohibited genocide in Australia and included in its definition “inflicting mental damage on members of the group, causing life conditions to achieve physical damage, or forcing Transfer the children of the group to another group.” Wit-booka said he is ca
ying out a campaign to protect the Kabi Kabi culture, including preventing the state from overthrowing an area that he considers to be a sacred site.
As described in Mabo (No. 2) No. 8, the concept and legal basis of indigenous property rights is the common law rule, that is, new rights and interests related to land that already exist in the te
itorial sovereignty already existed[footnoteRef:3]. The new legal system will continue. Without respect from the new legal system, since 1993 it has not been explicitly removed, the rights and interests of Aboriginal and To
es Strait Island have been recognized by local law, not by ordinary law. But the logic is the same: (Some) rights and interests that exist in accordance with pre-colonial laws, can remain under the Crown sovereignty and can be applied under contemporary Australian legal system. [3: Geoff Egan, Carmichael Coal Mine Native Title Case ‘Shambolic’: Judge (2015) Fraser Coast Chronicle www.frasercoastchronicle.com.au/news/native-title-case-shambolic-judge/2851770
.]
Local laws and procedures are all legal aspects of personal property rights. The purpose of the legislation is to identify and protect people's rights and interests according to their own laws and returns according to indigenous and To
es Strait Islanders[footnoteRef:4]. Therefore, law and custom are not only the first elements of the evidence. In an important sense, it is a regulatory body of evidence: it provides a legal framework, in which other evidence must be proved innocent. It is acknowledged that "European colonies have the most influence on the indigenous community, so the structure and customs of this society and their members will change dramatically from the settlement in Europe. [4: John Morton, "‘Mother's Blood, Father's Land’: Native Title And Comparative Land Tenure Modelling For Claims In ‘Settled’ Australia" XXXXXXXXXX) Oceania.]
Conclusion
European solutions have made the first impression; evidence of legal and customary development will help establish links between customs and customs between contemporary and pre-colonial laws. These evidences can help the court to confirm the traditional nature of contemporary law and customs because it explains that today's laws and customs are different (or "significant differences" in the form of their pre-colonies). On the contrary, if the compliance and approval of the allegations have been inte
upted in large numbers, this bias will be reconstructed due to evidence of the role of European colonies in fulfilling such a transaction. The difference between the rights and interests of the right to a property and the legal right to land is that the source of legal land rights is the ownership of the property, and the source of the rights and interests of the property is the practice of traditional laws and rights of homeowners. Due to settlement in Europe, the tribe has to constantly follow its laws and practices.
References
Hodgkinson, Kenneth C., "Land Of Sweeping Plains: Managing And Restoring The Native Grasslands Of South-Eastern Australia" XXXXXXXXXX) Restoration Ecology
Morton, John, "‘Mother's Blood, Father's Land’: Native Title And Comparative Land Tenure Modelling For Claims In ‘Settled’ Australia" XXXXXXXXXX) Oceania
Egan, Geoff, Carmichael Coal Mine Native Title Case ‘Shambolic’: Judge (2015) Fraser Coast Chronicle www.frasercoastchronicle.com.au/news/native-title-case-shambolic-judge/2851770
'Gympie Pyramid' Sparks Aboriginal Land Rights Claim (2016) Gympie Times www.gympietimes.com.au/news/native-title-claim-over-gympie-pyramid-rocky-ridge/2963679
Answered Same Day Aug 14, 2020 LAW00111 Southern Cross University

Solution

Shanaaya answered on Aug 16 2020
157 Votes
Continuity Of Custom
    
    2018
            
[Continuity Of Custom]
Report title.
Business name.
Unit number and name: Continuity of Custom
Assessment numbe
Student Name
Student ID
"What Have Been The Obstacles To The Continuity Of Custom Since 1788?
Introduction
It’s impeccable that throughout Australia there has been a land property or native which are able to title claims and can deal with the primarily negotiated consent decisions in comparison to the controversial litigation. It is important to acknowledge the Governments’ decision in terms of the agreed decisions with respect to the guiding considerations. One needs to understand the obstacles to the continuity to custom since the beginning of the 1788 and the time of settlement in Europe. This has resulted in the clan towards the constant practice its laws and customs.
Yorta Yorta
Since the beginning of 1788, the Yorta Yorta community was recognized as a native title and had a land of survival. Native title process was applied and implemented for the process of the validation (Acton, 2015).
During such course of settlement, the land was recognized by the native title holders, but they have fragile rights and claims with respect to the superior rights of the landholders. there was always two classes of rights conflict.
It is important to determine the traditional rights and interests which are observed in the indigenous peoples of Australia followed within the customary law. It is important to note, under the Native Title Act, 1993 applied totThe Yorta Yorta community proceeded with the first claim of the native title after the applications of the NTA existence which came into force. It is important to see that there has been an extending force over the various parcels of public land with respect to the farming land and towns. The claim was to determine the NTA rights and the applicability of native title with relation to the heavily ‘settled’ areas within the outskirts of the south and east of Australia. There has been a key of determination if Aboriginal people have suffered dislocation, along with the balancing of the cultural practices which have transformed into significant changes, along with the application of the right to...
SOLUTION.PDF

Answer To This Question Is Available To Download

Related Questions & Answers

More Questions »

Submit New Assignment

Copy and Paste Your Assignment Here