Is Native Title A Proprietary Right

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dc.contributor.author Gray, J
dc.date.accessioned 2009-08-20T14:36:08Z
dc.date.issued 2002-01
dc.identifier.citation Murdoch University Electronic Journal, 2002, 9 (3), pp. 1 - 13
dc.identifier.issn 1321-8247
dc.identifier.other C1 en_US
dc.identifier.uri http://hdl.handle.net/10453/1472
dc.description.abstract # The aim of this paper is to examine whether or not native title is a proprietary right. Unlike other forms of title,[1] native title has only been recognized by the common law since 1992 when the landmark case Mabo v Queensland (No 2) was handed down.[2] Owing both to the brevity of its existence and the complexity of the concepts underpinning it, there is still debate and a degree of uncertainty surrounding how native title is most appropriately characterized. This debate continues amongst both the judiciary and legal scholars. # Mabo v Queensland (No 2) failed to offer one conclusion on the question of the nature of native title. Indeed it was variously described native title as 'proprietary',[3] 'personal',[4] 'usufructuary',[5] 'sui generis'[6] as affording a 'permissive occupancy',[7] and perhaps as 'possessory'.[8] More recently is has been described as being a 'bundle of rights'.[9] # This paper will examine briefly the alternative characterizations to the proprietary one but ultimately its main focus is an examination of whether or not native title is most appropriately described as proprietary in nature.
dc.publisher Murdoch University
dc.title Is Native Title A Proprietary Right
dc.type Journal Article
dc.parent Murdoch University Electronic Journal
dc.journal.volume 3
dc.journal.volume 9
dc.journal.number 3 en_US
dc.publocation Perth, Western Australia en_US
dc.identifier.startpage 1 en_US
dc.identifier.endpage 13 en_US
dc.cauo.name Law en_US
dc.personcode 990743
dc.description.keywords NA
pubs.embargo.period Not known
pubs.organisational-group /University of Technology Sydney
pubs.organisational-group /University of Technology Sydney/Faculty of Law
utslib.copyright.status Open Access
utslib.copyright.date 2015-04-15 12:23:47.074767+10


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