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Native Title Act: Safeguarding Interests of Aboriginals and Torres Strait Islanders

   

Added on  2023-06-05

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Property Law
Native Title Act: Safeguarding Interests of Aboriginals and Torres Strait Islanders_1

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Introduction
On a submission to the Australian Law Reform commission upon the Native Title Act it has been
under an objective of amending the results of prior inequities towards the advancement and
protection of the Aboriginal persons and Torres Strait Islanders (Acts, 2011). It also undertakes
to make certain that they are provided with complete identity as to their rights and interests along
with the preservation of their culture. The aim of the Native Title Act 1993 is to gift the right of
liberty and life to the natives. It ensures that all accomplishments are valued and rights are
enforced for the minority section in Australia (Moreton-Robinson, 2015).
Analysis
Citing the aid of the Mabo conclusion the Native Title act clearly adopts from the United Nations
Declaration on the Rights of Indigenous people. Such a declaration is a device for correcting the
past failures that cropped up while safeguarding the native persons. The declaration aimed to
give the basic necessities for a living and to have a happy and healthy life. It targeted to provide
the equality of rights between the classes of mass. The International customary law has vivid
similarities (Australian reform commission, 2015).
It is necessary that these diverse communities which are working together all their reviews and
interrogations gives an up to date outlook to finalize the system of the native title act. With the
provision of equal employment opportunities and also equality of rights and interests in the
social, economic, political, cultural backgrounds of their lives, the Native Title Act of 1993 has
come a long way in establishing its goals and also to secure peace and justice for the natives
under this act. The one thing upon which the act is dependant is that the quantity of the resources
supplied for their targets (Castellano, 2014). This entirely depends upon the government of
Australia. Hence it becomes an urgent need that equitable relations are maintained with the head
of the state so that no problem arises. It has been put forth by the commission that ALRC does
not pay heed to the recommendations but they carry on their tasks in consultation the current
native working communities upon the latest needs and references as desired in the contemporary
era.
The Native Title Amendment Bill of 2012 puts importance upon the history of the poor and
suffered natives and also aim to protect the environment. Proper conduct of the rules and
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regulations are ensured to be followed. . The connection with the United Nations organization of
human rights puts emphasis upon the theories portrayed by the amendment bill of 2011. The UN
symbolizes unity with humanity and considers that all the citizens possess equitable rights and
interests. Thus it is the duty of the government to embrace all its citizens together and shower
them with all the desired rights and interests. This is the prime objective of the UN to bring forth
peace and harmony between the states and also between the citizens residing in the state.
Effectiveness
The Native Title Act has been proved to be effective in increasing the involvement of the people
to aid the aboriginals from across the nation. The act has been proved to conserve the social
norms, traditions, customs and culture of these backward classes of people. It has provided with
the rights to gain and safeguard the properties under their names (Kent, 2013). Maintenance of
the religiousness as related to the land and other immovable properties is granted with insurance
to the upcoming peer group. A development of the personal ownership upon lands and properties
through traditions. There has been an effective restitution of fair trial with fair compensation to
the aggrieved. Importance has been laid upon to safeguard and conserve the natural environment,
because it is then only that the personal properties could be protected. This is a very noble
outlook to protect the future generations.
A specific way and list of regulations are strictly followed by the officials to ensure that the
effectiveness of the act is ensured and the aboriginals of the Torres Strait Islands have an
adequately good standard of living. The laws of the indigenous people have been identified and
given the due importance to (Thornberry, 2013). A support of just and fair legal processes
provides identity to the systems of land tenure and assures that the rights of the indigenous
people are put at the right place. There has been measures taken by the authorities of this act to
bridge the space between the international human rights and the native title act level.
On observing a review upon the system of native title the present scenario works extensively
upon the betterment of taxes and other related payments. They also emphasize upon how these
payments can have an increased advantage over the native people of the Torres Strait Islanders.
A check and various regulations are also imposed upon the organizations and associations which
deal with the native people. An overall review of the native title act of 1993 is always
Native Title Act: Safeguarding Interests of Aboriginals and Torres Strait Islanders_3

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