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Topic Research Guides

Native Title Law

Research Resources and Guides For Law Topics

Textbooks

Native title texts are shelved at 346.4320994. Other property law texts may be relevant and are shelved at 346.4.

Subject terms in the catalogue include: Native Title Australia; Aboriginal Australians Land Tenure; Torres Strait Islanders Land Tenure; and Land Tenure Law and Legislation Australia.

Some texts include:

Commentary

Halsbury's Laws of Australia

  • Title 5: Aboriginal and Torres Strait Islanders
  • Title 10: Administrative Law
  • Title 80: Civil and Political Rights
  • Title 90: Constitutional Law
  • Title 170: Energy and Resources
  • Title 355: Real Property
  • Title 440: Water

The Laws of Australia

  • Title 1: Aboriginal and Torres Strait Islanders
  • Title 13: Dispute Resolution
  • Title 14: Environment and Natural Resources
  • Title 19: Government
  • Title 28: Real Property

Native Title (Lexis Advance)

Journals

Key Databases

Key Journals

Legislation

Key legislation relating to native title law include:

Search for Commonwealth legislation at Federal Register of Legislation and Western Australian Legislation for Western Australian legislation.
You can also use Legify to find authoritative versions of legislation from Australian jurisdictions.

Other resources relating to legislation:

Case Law

You can find native title cases from:

Relevant Australian Case Citators

  • CaseBase from Lexis Advance: a citation and abstract service to Australian case law, links to some fulltext.

  • Westlaw Australia: Content Type: Cases:  a subject index and citator for Australian case law, links to some fulltext.

  • CCH IntelliConnect: includes a range of Australian decisions from a number of practice areas.

  • AustLII: free full text access to Australian medium neutral citation versions and unreported judgments.

  • LawCite: a free, automatically generated Australian and international legal case and journal article citator.

  • Jade: free database and current awareness service of Australian case law

Websites

Aboriginal Affairs and Engagement (Western Australia): department that leads action to improve life opportunities for Aboriginal Western Australians.

Aboriginal and Torres Strait Islander Social Justice (Australian Human Rights Commission): includes information about the Aboriginal and Torres Strait Islander Social Justice Commissioner, whose role involves reviewing the impact of laws and policies on Indigenous people and reporting on Indigenous social justice and native title issues.

Aboriginal Australians Family History - State Library of NSW

Agreements, Treaties, and Negotiated Settlements Project: online gateway to information relating to agreements between Indigenous people and others in Australia and overseas.

ANTaR: national advocacy organisation dedicated to the rights of Aboriginal and Torres Strait Islander people.

The Aurora Project: works to strengthen Indigenous organisations by supporting their staff and facilitating opportunities for all Australians to work in these organisations.

Australian Indigenous Law Library (AustLII): includes databases of Australian Indigenous law available on AustLII and enables searches of Australian Indigenous material on other websites.

Australian Institute of Aboriginal and Torres Strait Islander Studies: organisation focused on promoting knowledge and understanding of Aboriginal and Torres Strait Island cultures, traditions, languages and stories.

Central Land Council: council of 90 elected Aboriginal people focused on promoting Aboriginal rights in the Northern Territory.

Center for World Indigenous Studies: organization dedicated to understanding the ideas and knowledge of Indigenous peoples and the social, economic and political realities of Indigenous nations.

Centre for Aboriginal Economic Policy Research: social science research body that focuses on Indigenous economic and social policy from a national perspective.

Department of Mines and Petroleum - Native Title, Licenses and Permits: provides an overview of how the Department considers native title implications in aspects of its title administration business.

First Nations Legal and Research Services: offers Aboriginal claimant groups in Victoria expertise in research to establish the basis for Native Title claims, and expertise in law and mediation to process the claims and to make associated agreements.

Goldfields Land and Sea Council: native title representative body for Aboriginal people in the Goldfields-Esperance region on matters to do with land and waters, governance, development, heritage and other matters of justice.

Indigenous Land Corporation: entity that assists Indigenous people with the acquisition and management of land so they can achieve economic, environmental, social and cultural benefits.

Indigenous Law Centre (UNSW Law): the only Indigenous law research centre in Australia. The ILC conducts and publishes research on Indigenous legal issues and contributes to the recognition, protection and development of legal rights of Indigenous people.

KooriMail: a national fortnightly newspaper that focuses on the Indigenous people of Australia.

Land, Approvals and Native Title Unit (Department of Premier and Cabinet): provides strategic leadership to the Western Australian Government on all matters related to the Native Title Act 1993 (Cth).

National Native Title Tribunal: independent agency established by the Native Title Act 1993 (Cth) to make decisions, conduct enquiries, reviews and mediations, and assist various parties with native title applications, and Indigenous land use agreements. The Tribunal contains three principle registers:

  • Register of Native Title Claims
  • National Native Title Register
  • Register of Indigenous Land Use Agreements

Native Title Guide (Human Rights Council of Australia): a simple guide on native title and the Ten Point Plan.

Native Title Guide (Federal Court of Australia): an introduction to the Federal Court's role in determining native title claims.

Native Title Infobase (Federal Court of Australia): contains Australian material relating to native title and land claims including journal articles, books, book chapters, conference papers, reports and press clippings. This collection began in the 1990s, although some materials date back to 1839. It also includes selected material from other countries.

Native Title Maps (Landgate): provides a range of land tenure information, reports, maps, plots and customised information supporting native title claims over Western Australia.

Northern Land Council: assists Aboriginal peoples in the top end of the Northern Territory to acquire and manage their traditional lands and seas.

Office of the Registrar of Indigenous Corporations: administers the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), which guides how Indigenous corporations are run.

South West Aboriginal Land and Sea Council: native title representative body of the Noongar people, the traditional owners of the south west of Australia.

Torres Strait Regional Authority: aims to strengthen the economic, social and cultural development of the Torres Strait to improve the lifestyle and wellbeing of Torres Strait Islanders and Aboriginal people living in the region.

United Nations Declaration on the Rights of Indigenous Peoples: sets out the individual and collective rights of indigenous peoples, such as their right to culture, identity and health.

 

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