The spatial dimensions of native title

Deposited with permission of the author. © 2000 Clare BrazenorThe importance currently placed on sustainable development recognises the fundamental role of land administration and the management of land based resources. This acknowledgement of the pivotal role of land administration and tenure security reinforces the need to recognise all interest and responsibilities in land, particularly those of a customary and traditional nature. The United Nations Draft Declaration on the Rights of Indigenous Peoples (Pritchard 1998) respects the unique relationship between indigenous people(s) and the land, recognising the need to protect these traditions and cultures. A number of countries (specifically the United States of America, Canada and New Zealand) have implemented legal and institutional mechanisms for the recognition of this unique relationship and connection to land. In doing so it provided the precedent for the recognition of interests in land as held by indigenous peoples of Australia. In Australia the legal recognition of indigenous interests in land occurred in 1992, with the passing of the High Court’s decision concerning Mabo and others v the State of Queensland (no.2) (1992) 175 CLR 1 and the subsequent development and implementation of the Native Title Act 1993 (Cth). This federal act provides for the recognition and protection of native title within the framework of the Australian legal system . Its (native title interests) origins and foundations are those of traditional laws, connecting indigenous Australians with land and waters (S223 NTA 1993). (For complete abstract open document