find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Corporate Lawyer
Category: Generalists - In House | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· 12 months fixed term opportunity
View details
Property lawyer - Melbourne
Category: Property Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Impressive client list, national firm · Well-led and high-performing team
View details
LCA calls for amendments to Native Title Act

LCA calls for amendments to Native Title Act

The Law Council of Australia has called for the Native Title Act to be amended to ensure native title claimants are on a level playing field with mining companies and state governments that contest native title claims.

LCA president, Catherine Gale, said the laws as they stand do not go far enough to protect the land rights of indigenous people.

“The Native Title Act currently provides that native title is extinguished if the traditional owners’ possession or connection with the land has been interrupted at any stage since European settlement,” said Gale on June 3, the eve of the 20th anniversary of the High Court’s Mabo decision.

“While many indigenous groups are able to prove they are the traditional custodians of their native title lands, they simply cannot prove their connection with their traditional lands has not been broken since European settlement.”

“This means that their native title rights are permanently extinguished under the terms of the Native Title Act.”

Gale called for the creation of a presumption of continuous ownership and possession in the laws and for federal politicians to support such reforms to the native title to ensure past injustices are redressed and a fairer claims’ process is installed.

The 1992 Mabo decision recognised the rights of the Merriam peoples to the Murray Islands in Queensland and led to the enactment of the Native Title Act 1993.

 “The recognition of native title overturned two centuries of injustice and dispelled the legal myth that European colonisation of Australia had swept away the pre-existing land rights of Aboriginal and Torres Strait Islander people,” said Gale, adding that the anniversary of the Mabo decision provided an ideal opportunity for the Australian Government to promote meaningful reform of native title to ensure indigenous people’s rights are not extinguished as a result of historical dislocation and dispossession.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

LCA calls for amendments to Native Title Act
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Warning
Aug 23 2017
NT Law Society sounds alarm on mandatory sentencing
The Law Society Northern Territory has issued a warning over mandatory sentencing, saying it hasn’...
Unite
Aug 22 2017
Professionals unite in support of marriage equality
The presidents of representative bodies for solicitors, barristers and doctors in NSW have come toge...
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by Crowd & Co. The way we do business, where we work, how we engage with workers, ev...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...