Native Title Research Assignment -

The purpose of this report is to address the concerns raised by the client with respect to fears about the possibility of indigenous people ‘taking his land’ because of native title.   This report will establish the client’s legal rights with regards to concerns raised, the appropriate legislation that has coverage over the matter and the case law that apply.   The report will draw out any potential liability that the client may have under the relevant legislation.

Applicable legislation
The relevant legislation considered applicable to this scenario is as follows:
• Native Title Act 1993 (Cth)
• Lands Acquisition Act 1989 (Cth)
• Lands Acquisition Act 2008 (NT)
The following sections from the Native Title Act 1993 (Cth)   may have applicability:
• Native Title Act 1993 (Cth) s4(3) Recognition and protection of native title on past acts and future acts.
• Native Title Act 1993 (Cth) s24MD(2) Extinguishment of native title is a possibility by compulsory acquisition .
• Native Title Act 1993 (Cth) s223(1c) the rights of native title are recognized by the common law of Australia .  
• Native Title Act 1993 (Cth) s225 Determination of native title and its existence in relation to land and waters.  

The following sections from the Lands Acquisition Act 1989 (Cth) and the Lands Acquisition Act 2008 (NT) may also have applicability:
• Lands Acquisition Act 1989 (Cth) s40 A minister may authorize an acquisition by agreement for an interest in land to be used for public purpose.
• Lands Acquisition Act 1989 (Cth) s41(2) A Minister may, subject to s42 (public park), declare, in writing, that the interest is acquired by the acquiring authority by compulsory process.
• Lands Acquisition Act 2008 (NT) s43 The Minister may acquire land under this Act for any purpose whatsoever.

Native Title Act 1993 (Cth)  
In 1993 the Commonwealth Government enacted the Native Title Act 1993 (Cth).   This legislation was originally enacted to determine...