Native Title Compensation: A Comparative Analysis of Australian Law

This report provides a detailed analysis of native title and land rights within the Australian legal framework, focusing on the relationship between Indigenous Australians and the land. It explores the differences between Western and Indigenous perspectives on land ownership, examining how these differing viewpoints impact compensation decisions made by courts. The report delves into the complexities of native title compensation, referencing the Native Title Act 1993 (Cth) and the High Court's decision in Northern Territory v Griffiths. It analyzes the significance of spiritual connections to the land, cultural loss, and the ethical considerations courts face when determining compensation. The Timber Creek decision serves as a case study, highlighting the factors considered in assessing fair compensation and the impact of these decisions on Indigenous communities. The report concludes by emphasizing the importance of ethical frameworks and legal principles in establishing just and sustainable land rights practices in Australia.

Native Title

TABLE OF CONTENT
INTRODUCTION.......................................................................................................................................2
MAIN BODY..............................................................................................................................................3
CONCLUSION...........................................................................................................................................6
REFERENCES............................................................................................................................................6
INTRODUCTION
Native titles of laws are the various parameters which define laws into segregated
platforms for enabling people to vitally connect with the laws. Report explains aboriginal society
of Australia their aspects and diverse functioning on which their connectivity with lands are
based on, further there is wide differences between western society and indigenous society of
people at Australia. The report has analyzed various grounds on which courts decide

compensation on native lands, where rationally people are connected with their lands and their
relative synergy explains further laws on which courts should attribute their decisions.
MAIN BODY
Western and indigenous relationship to land can be understood through various
paradigms which explain the detailed criteria on which they can be differed from each other
within people living at Australia. Aboriginal Australians refers to indigenous society of people
living within Australian mainland islands who have diverse working operations and ethics of
social diversity towards their native land. Indigenous society claim their native lands as Holy
Spirit of land within which their connectivity is understood (Brendan Edgeworth,2019). Mother
Nature being one of the foremost principles on which their working ethics are governed , land
diversely connects their social diversity and their regional acceptance towards land. Indigenous
people are not only attached with their rural lands, the activities within communal groups where
activities connect them socially within their peers but moreover all economic resources are also
connected within their land. They are tribal natives of Australia where various communal aspects
, social viability and connectivity of potential people who are communally active towards their
roles in society treat land as a virtue gifted by nature. Indigenous people are dynamically evolved
within their native lands where the prosperity, working ethics and determination to communicate
their working has strongly connected indigenous people. Australians natives are connected on
various parameters within their lands where they live an d communal diversities can be seen
within their concerns which shows respect and their connectivity within their natural practices.
There is high rational relative synergy of positivity hidden behind their concerns which actively
enables them to participate in festivals, prayer activities and various functional platforms among
their social arenas (Aaron Moss and William Isdale,2019).
Whereas western people among Australia look towards land with economical viewpoint
with various buildings, factories and business set ups there is high focus given to development
perspectives in communities. People are money minded and focus towards more practical
viewpoints towards land through which it can be understood that the factors through which they
are connected with their native lands is highly dynamic. Western people are highly modernized
which is highly different from the thinking of native aboriginal society of people in Australia,
where there is no technology and their connectivity with land is highly spiritual. Western people

look forward to use land for economical activities, business perspectives to highly construct new
and vital strong high quality lives of communities. People have modernized the lands among all
perspectives by establishing economical activities and researching best fundamental ways to
create long return outputs from the land, which also impacts fundamental principles of living
their lives. Modern cities within Australia are pragmatically different from aboriginal society of
people where their aspects are involved with high spiritualism and outlooks are narrowed where
they look towards land as cultural aspect and gift of Mother Nature. Spiritualism is the main
point on which both strands of society differ from each other which also affects their rational
reasons of living livelihoods within various horizons (Ambelin Kwaymullina, 2017).
The changing climate scenarios worldwide have massively impacted lands covered by
natives both in western society and indigenous platforms where often land losses are becoming
an important concern impacting their live livelihood. Culturally many sentiments are hurt on
both sides if people who look towards their land with diverse fundamental aspects. Many time
courts have difficulties in assessing decisions which are based on native title compensation,
where it becomes difficult for courts to look after various decisions from all perspectives. As
there are large differences varying the relation between all sectors of people with which they are
connected with their lands, courts find it difficult to assess cultural loss for the purpose of native
title compensation. Aboriginal people are spiritually connected with their native lands where the
livelihood, small business and the various social aspects which connect the communities are their
believes which are the important factors courts should look after before deciding the
compensations (Vicki Grieves, 2000). The native lands are the functional element which
connects people both on social parameters, business aspects and their livelihood parameters.
Spiritually indigenous people are connected with their lands where they grow vegetation and
consider it as livelihood; communities are connected with various activities as tribal societies
have rational belonging with their lands. Ethically it becomes important for courts to consider on
the vivid cultural aspects which are highly important for tribal society and aboriginal people.
Any climate effects on their land should be compensated by courts where their ethical sentiments
should be highly considered as one of the most important arena. Whereas lands in the modern
society are less connected on spiritual context and more worked towards business perspectives,
buildings and factories are the important parameters on which land uses are decided by people.
Courts have to look forward to various perspectives when deciding the compensations on various

lands for reaching to optimum decision which will be ethically correct towards legal laws and
sentiments of people (Wilson, 2019). There shall be ethical parameters set within all frameworks
which will enable people to reach satisfactory targets, legally compile all legal formalities for the
compensation. Spiritual connection of aboriginal people towards their land should be considered
highly important for reaching long term decisions so that not only cultural loss can be prohibited,
but also there is strong parameter set for people within their scenarios. Courts have duty to look
towards all aspects and rational principles before deciding compensation on any combined land
where there is sharing of western society people and indigenous people. Such decision will
prohibit any cultural loss on any ground within country and determine effective formulation of
ethical laws will be an important factor to establish long term legal laws (Azocar, 2018).
Timber Creek is a remote community in northern territory, approximately 600 km south
of Darwin, the town was proclaimed in 1975. Timber creek decision was accumulation of
proceedings first decided by Justice Mansfield in 2016, decision was first ever judicial
determination of native title compensation claim. High court addressed that this component of
award was to be assessed b y considering the community aspects and is regarded as appropriate,
fair and in just . The court decided amount of $1.3 million awarded by courts as appropriate as
the rationale amount given is decided on various frameworks for providing aboriginal society a
fit compensatory amount for gaining an optimistic forward look toward the land law. The court
decided the decision with various aspects and important notes which further aid to comfort of
local tribal societies where it has become an important concern for courts to address these issues.
Timber creek community tribes were highly spiritually connected with their lands , with the
native society being affected on various scenarios , it becomes important for courts to address
their issues and look forward to all decisions based on various circumstances for enabling people
to live high comfortable living standard. The court has been seeing the situation with vivid
parameters of ethical social standards, law which combines various parameters and their
functional livelihood parameters (Cameron and Lang, 2018). Timber creek communities and
people are highly connected with various fundamental aspects where their livelihood is
profoundly impacted with the relation and cultivation of land. The authorities of court discussed
various aspects and relative concern of tribal society for bringing an ethical discussion, legally
comprising all fundamentals which shall be governed. Timber creek decision by court is highly
functional and attribute pertain to vivid ethical determinants for reaching the set benchmarks of

ethics among people. Lately the ethical frameworks and compensatory amount is perfect and
appropriate to serve the goal of regional concern among tribal societies. The decision taken by
court facilitate people to deliver goals of society within the set benchmarks, potentially reach
various society aspects where Australian laws work towards reaching people satisfactory
approaches.
CONCLUSION
The report can be concluded that regional societies and aboriginal people of Australia are
highly connected towards their land with the fact of spiritualization where their aspects are high
which also define their functional livelihood. Report concludes differences between western
society, with the tribal people where there is high difference of modernized livelihood which
strongly explains the economic perspective and business scenario. Report has concluded court
has to look after various horizons among the regional aspects for gaining strong working
decision for land and ethically establish laws which govern sentiments of people (Law, 2018).
REFERENCES
Books and Journals
Aaron Moss and William Isdale, Where to Next? Native Title Compensation following Timber
Creek, on AUSPUBLAW (03 April 2019)

Ambelin Kwaymullina, ‘Aboriginal Nations, the Australian nation-state and Indigenous
international legal traditions’ in Irene Watson (ed), Indigenous Peoples as Subjects of
International Law, Routledge, 2017.
Azocar, C., 2018. Native People. The Diversity Style Guide, pp.61-83.
Brendan Edgeworth, ‘Valuable, invaluable or unvaluable? The High Court on native title
compensation’ (2019) 93 Australian Law Journal 438
Cameron, L. and Lang, C., 2018. The importance of Mabo Day and the'Native Title
Act'1993. Proctor, The. 38(5). p.18.
Law, M., 2018. Moot Court: The Importance of the Timber Creek Decision.
Vicki Grieves, ‘Aboriginal Spirituality: Aboriginal Philosophy the Basis of Aboriginal Social
and Emotional Wellbeing’ (2009) Co-operative Research Centre for Aboriginal
Health, Discussion Paper Series No 9,
Wilson, E., 2019. First high court decision on native title compensation in timber
creek. Australian Resources and Energy Law Journal. 38(1). p.36.