词条 | Native Title Act 1993 |
释义 |
|short_title = Native Title Act 1993 |legislature = Parliament of Australia |image = Coat of Arms of Australia.svg |imagesize = 150 |imagealt = |caption = |long_title = An Act about native title in relation to land or waters, and for related purposes.[1] |citation = Act No. 110 of 1993[2] |enacted_by = |date_enacted = |date_passed = |enacted_by2 = |date_enacted2 = |date_passed2 = |date_assented = |royal_assent = 24 December 1993[2] |date_commenced = |bill = |bill_citation = |bill_date = |introduced_by = |1st_reading = |2nd_reading = |3rd_reading = |committee_report = |bill2 = |bill_citation2 = |bill_date2 = |introduced_by2 = |1st_reading2 = |2nd_reading2 = |3rd_reading2 = |committee_report2 = |white_paper = |amendments = |repeals = |related_legislation = |summary = |keywords = |status = amended }} The Native Title Act 1993 is a law passed by the Australian Parliament the purpose of which is "to provide a national system for the recognition and protection of native title and for its co-existence with the national land management system". The Act was passed by the Keating Government following the High Court's decision in Mabo v Queensland (No 2) (1992).[3] The Act commenced operation on 1 January 1994. Native Title Act 1993This legislation aimed to codify the Mabo decision and implemented strategies to facilitate the process of recognising native title. The Act also established the National Native Title Tribunal, to register, hear and determine native title claims. According to the Australian Government: The Native Title Act 1993 establishes a framework for the protection and recognition of native title. The Australian legal system recognises native title where: The High Court in Western Australia v Commonwealth (1995) upheld the Native Title Act and struck down a conflicting Western Australia statute.[5] The Act was amended by the Howard Government in 1998,[7] and again in 2007,[6] and by the Rudd Government in 2009.[7][8] Wik decision (1996)In 1996, the High Court's decision in Wik Peoples v Queensland was handed down.[11] The case dealt with the question of whether pastoral leases granted between 1910 and 1974 in Far North Queensland had the effect of extinguishing native title. A 4:3 majority of the judges decided that the grant of a pastoral lease did not confer exclusive possession, and that native title could therefore continue to exist – this has been called "coexistence". Where an inconsistency between the native title and non-native title rights occurs, the non-native title rights prevail. The Native Title Act had not adequately dealt with the possibilities of native title existing over pastoral leases or of native title rights co-existing with other rights. Since the Native Title Act had come into effect, governments had been taking action on pastoral leases that did not comply with the Native Title Act. Wik raised the possibility that those acts could be invalid and showed that the "freehold test" (the principle used to determine where proposed activities could be done without regard to native title) in relation to future acts was inappropriate. The Federal Government developed the Ten Point Plan, which became the basis for the amendments, to deal with these inadequacies of the Native Title Act. 1998 AmendmentsThe Native Title Amendment Act 1998 (Cth),[9] also commonly referred to as the "10 Point Plan" is an Australian native title law created by the John Howard led Liberal Government in response to the Wik Decision by the High Court.[10] The Native Title Amendment Act 1998 placed some restrictions on native title claims. The amendments
The "10 Point Plan"The ten points were as follows:
The legislation was opposed by the Australian Labor Party and the Australian Democrats. The final legislation was amended to gain the support of Independent Senator Brian Harradine, whose vote was required for the bill to pass.[18] See also
References{{Library resources box|by=no |onlinebooks=no |others=no |about=yes |label=Native Title Act 1993 }} 1. ^{{cite Legislation AU|Cth|act|nta1993147/longtitle.html|Native Title Act 1993 - Long Title}}. 2. ^1 {{cite web|url=http://www.comlaw.gov.au/Series/C2004A04665|title=Native Title Act 1993 - Act No. 110 of 1993|publisher=ComLaw|accessdate=4 February 2015}} 3. ^{{cite AustLII|HCA|23|1992|litigants=Mabo v Queensland (No 2) |parallelcite=(1992) 175 CLR 1 |date=3 June 1992 |courtname=High Court}}. 4. ^Department of Foreign Affairs and Trade (Australia), Indigenous land rights and native title {{webarchive|url=https://web.archive.org/web/20120126061620/http://dfat.gov.au/facts/indigenous_land_rights.html |date=26 January 2012 }}, retrieved 30 January 2012. 5. ^{{cite AustLII|HCA|47|1995|litigants=Western Australia v Commonwealth |link=Western Australia v Commonwealth (1995) |parallelcite=(1995) 183 CLR 373 |courtname=High Court}}. 6. ^Native Title Amendment Act 2007 7. ^Native Title Amendment Act 2009 8. ^Depart of Social Security - Native Title Amendment Act 2009 - Information sheet 9. ^1 {{cite Legislation AU|Cth|num_act|ntaa1998227|Native Title Amendment Act 1998}}. 10. ^1 {{cite AustLII|HCA|40|1996|litigants=Wik Peoples v Queensland |parallelcite=(1996) 187 CLR 1 |date=23 December 1996 |courtname=High Court}}. 11. ^{{cite Legislation AU|Cth|num_act|ntaa1998227/sch2.html|Native Title Amendment Act 1998}} Schedule 2 amending sections 1961 and 86B. 12. ^{{cite Legislation AU|Cth|num_act|ntaa1998227/sch2.html|Native Title Amendment Act 1998}} Schedule 2 adding sections 190A - 190D. 13. ^{{cite Legislation AU|Cth|num_act|ntaa1998227/sch1.html|Native Title Amendment Act 1998}} Schedule 1 adding Divisions 2A - 2B. 14. ^{{cite Legislation AU|Cth|num_act|ntaa1998227/sch1.html|Native Title Amendment Act 1998}} Schedule 1 adding section 24. 15. ^{{cite Legislation AU|Cth|num_act|ntaa1998227/sch1.html|Native Title Amendment Act 1998}} Schedule 1 adding Subdivision P of Division 3 of Part 2. 16. ^{{cite Legislation AU|Cth|num_act|ntaa1998227/sch1.html|Native Title Amendment Act 1998}} Schedule 1 adding Subdivision Q of Division 3 of Part 2. 17. ^{{cite Legislation AU|Cth|num_act|ntaa1998227/sch1.html|Native Title Amendment Act 1998}} Schedule 1 adding Subdivisions B-E of Division 3 of Part 2. 18. ^{{cite web |title=Lateline: At Wik's End |url=http://www.abc.net.au/lateline/stories/s12184.htm |website=ABC News |archiveurl=https://web.archive.org/web/19991008000646/http://www.abc.net.au/lateline/stories/s12184.htm |archivedate=8 October 1999 |date=2 July 1009 |dead-url=y}} External links
4 : Native title in Australia|Native title legislation in Australia|1993 in Australian law|Acts of the Parliament of Australia |
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