Paper Topic:

Indigenous peoples and the law / Native Title / Sovereignty and offshore indigenous rights

INDEGENOUS PEOPLE NATIVE TILE (A study on Bardi - Jawi people claim of extension

I N D E X

S . No . SUBJECT MATTER PAGE NO

1 . BARDI - JAWI - NATIVE TITLE 3

2 . LEGAL 5

3 . BLUE REEF 6

4 . NON EXCLUSIVE RIGHTS 6

5 . EXCLUSIVE RIGHTS 7

6 . CONCLUSION 7

7 . ADVISE TO THE COUNSEL 10

BARDI - JAWI - NATIVE TITLE

Native title is a concept in the Australian law . It is a type of continuous ownership of land by local indigenous Australian . However native title can be combined

with non-indigenous proprietary rights Common law and aboriginal law develop this concept In case of any discrepancy between Australian law and customary aboriginal law , the non-indigenous rights will generally prevail . Native title is a land title and it was recognized in Australia during 1992 by the High Court in the Mabo decision . The native title linked with groups of people whom traditional connections between the lands , waters among the aboriginal people . The native title rights recognized under Australian law . The native titleholders protected to get compensation if governments acquire their land or waters for future developments . The native title is different from land rights . Native title is available to Aboriginal groups with traditional ties to land . Hence people who have always lived in the same area can claim native title . The native title is recognized by Commonwealth legislation

On 1st September 1995 , the Bardi and jawi people of Dumpier Peninsula and islands of Buccaneer Archipelago d an application for a native title determination . After registration and public notification more than 155 persons were joined as parties to the application . At last the claim was made on behalf of the Bardi and Jawi people . The applicants i .e . Bardi-Jawi people sought a native title determination in regard to land , waters , water courses , reefs , seas and seabed in the Northern Dampier and Kind Sound Regions of Western Kimberley-Lombadina and One Arm Point , Western Australia . The claim of native title rights and interest which includes rights to the possession , occupation , use and enjoyment of the areas . Besides it protection of cultural knowledge also claimed . The main opponent Western Australian Fishing Industry Council and Telstra were opposed the application

Federal Court Judge Robert French had given a judgment in favor of a native tile application by the Bardi and Jawi people . Their claim is at about 1 ,037-sq .km area of land at the northern end of Dampier Peninsula This land surrounded by areas of sea to a three nautical mile boundary comprising Aboriginal reserves and unallocated crown land with many of the 900-strong community living on or near the area . The judge also ruled that the Bardi and Jawi people had exclusive rights to the whole of the mainland they had claimed , as well as right to hunt turtle and dugong in waters in the area and to take pearl shell for cultural purposes , which includes the following rights based on the Sec .225 Native Title Act indicates the rights and interests . The rights include use...

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