Property Law Report: Analyzing the Native Title Act 1993 in Australia

This report provides a comprehensive analysis of the Native Title Act 1993 in Australia, examining its objectives, effectiveness, and impact on Aboriginal and Torres Strait Islander communities. It begins with an introduction to the Act, highlighting its aim to address past inequities and protect indigenous rights and interests, including their culture and identity. The report analyzes the Act in the context of the Mabo decision and the United Nations Declaration on the Rights of Indigenous Peoples, emphasizing the importance of international customary law and the need for ongoing consultation with indigenous communities. It assesses the Act's effectiveness in various areas, such as increasing involvement of people to aid aboriginals, preserving social norms, traditions, and customs, providing property rights, and ensuring fair legal processes. The report also discusses the Native Title Amendment Bill of 2012 and its emphasis on protecting the environment and the importance of maintaining equitable relations with the government. It concludes by summarizing the Act's long-term significance in safeguarding the interests of indigenous Australians and ensuring their well-being, peace, and harmony. The report also highlights the importance of the Native Title Act in fostering a society where the rights of indigenous people are fully recognized and protected, and where they are not discriminated against in any sphere of their lives. This analysis provides a detailed understanding of the Act's provisions, its effectiveness, and its implications for the future of indigenous rights in Australia.

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Property Law

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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

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recommended to ensure the smooth functioning of the economy and all other facilities towards
the indigenous people in general. For the betterment in the functioning strategies, the native title
amendment bill has been originated in 2012 which successfully worked to reach it targets.
It has been considered by the Commission that while the other challenges are laid emphasis
upon, the challenge from the aspect of the evidence of level of living is needed for the Aboriginal
and Torres Strait Islanders. Hence, it proves that there has been an extension of the rights over
the lands and other properties including the resources. But before applying for all the norms and
standards of living by these natives a clear proof of their identity is required to be provided. The
goal of the native title act is to see that all the natives especially the deprived class who have had
a torrential past through their ways of life are fully recognized. The goal seeks to include in itself
that all these persons are not deprived of anything in the society. Their goal is to see that these
people are not restricted or discriminated in any sphere of their lives. The Native Title Act aims
to provide a happy and healthy living and also proposes that these people do not face any harsh
circumstances in the society and in the competitive market, the reason being only that they are
the deprived class of people.
The Native Report of 2011 throws light upon the procedure of giving a detailed relationships
between each other and also with the relation to their respective properties. If this procedure is
not followed then there can be an imposition upon the natives of Torres Strait islanders and the
aboriginals that they have to lead a tougher life. The report has put suggestions upon the present
rules and regulations. The abstaining from violence is also desired for a smooth and peaceful
functioning of the mechanisms. The section 223 of the above act portrays the relationship of the
natives with the land and waters. This is the actual topic of the claim in relation with the customs
and traditions. Section 190 B states that in order to make this relation appear in public there
should at least one member present who has had a prior experience of the conventional physical
connection with that of those lands and waters. The presence of members settles a standard
which prohibits the claimants from frivolous and vexatious claims depending upon the effects of
colonization and other factors. There has also been another theory which has been come across
after an extensive study that there has been a spiritual connection. This theory has been
supported by the native title amendment (reform) bill of 2011. This spiritual relationship or the

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connection as said earlier has a positive impact towards establishing the identity and the rights of
the natives of Australia.
The native title act has went through diverse reviews which clearly puts emphasis upon the
flexibility and its enforcement on clear and specific terms. This has paved a way for the future
generations of the natives and the aboriginals of Torres Strait islanders to live a life of dignity
and pleasure. The effectiveness of the act has made sure that the future generations does not have
to look back in past and recollect the harsh memories once witnessed by their ancestors. The
native title act of 1993 has made their lives much easier because it has gifted them a life without
discrimination from the other citizens of Australia.
Conclusion
After a close perusal of the above information given, it can be stated that the Native Title Act has
come a long way in safeguarding the interests of the aboriginals and the people of the Torres
Strait Island. Since they have been victims of the past oppression and injustices, they deserve to
have a happy and healthy life with their families. The act has proved to be effective in
maintaining their rights and interests in the desired ways. Undoubtedly this has widened the
horizon for the backward people of Australia to live in peace and harmony.

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References
Acts, C.C., 2011. Native Title Act 1993.
Australian Law Reform Commission, 2015. Connection to country: review of the Native Title
Act 1993.
Castellano, M.B., 2014. Ethics of Aboriginal Research1. Global bioethics and human rights:
Contemporary issues, 273(2), pp. 34-56.
Kent, A., 2013. China, the United Nations, and human rights: The limits of compliance. 4th ed.
Pennsylvania: University of Pennsylvania Press.
Moreton-Robinson, A., 2015. The white possessive: Property, power, and indigenous
sovereignty. 7th ed. London: Minnesota Press.
Thornberry, P., 2013. Indigenous peoples and human rights. 6th ed. London: Oxford University
Press.