Discuss and analyse how native title in Australia can be described as a ‘bundle of rights.’

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Discuss and analyse how native title in Australia can be described as a ‘bundle of rights.’
Answered Same DayJun 11, 2021James Cook University

Answer To: Discuss and analyse how native title in Australia can be described as a ‘bundle of rights.’

Rupsha answered on Jun 13 2021
146 Votes
Essay
Introduction
The native title of the people living in Australia is a way to add recognition to the aboriginal and Torres Strait islander people about the rights about lifestyle including land and water. This act was made for these people in the year 1993. The native title was introduced into law because during the time of European colonization Australia wa
s declared a land that belongs to no one. Therefore, by introducing this law and making the people aware about their birthrights to Australian government has made certain amendments in order to improve the conditions of the natives living there. In this article it shall be discussed the alignment of these laws with the bundle of rights.
What is Native Title?
In order to protect the interests of the common people living in Australia and the people belonging to a number of tribes the native title was introduced in the law of the Australian democracy. Any individual of Australian original lives in the stipulated area and there is a shelter in that region is entitled for the native title according to the law of Australia. This title gives the holder the right regarding land and water and other environmental features of a certain location. The holder of this title can elect a shelter or any structure on the land that is stipulated for the holder. Access to various regions within that piece of land shall be undeniable for anyone who is entitled for these rights. This law also gives right to the people to visit and protect any region of importance within their land. The right to hunt and fish is also permitted in certain areas with abundance of wildlife. [footnoteRef:2]Carrying out industrial procedures is also a common task that the law allows for this people and the law allows utilisation of the environmental resources to a certain extent for industrial purposes. Native title can exist in two forms which are exclusive and non exclusive possessions. According to the law the holder of the native title can possess a piece of land and can transfer the possession to any party he or she feels like. With this process it can be make sure that people belonging to a body aboriginal category in Australia achieve their right and freedom regarding land and property without the arising of any disputes. This title can be provided to people who have proved their continuous and unbroken connection to the country ever since the colonization took place in Australia in the year 1829. By providing sufficient proof the native people get the title and along with it they get the right to their own land and water. These papers and proofs validated in the federal court and the applicant must have sufficient data to show the claim for his or her right over a piece of land or any resource of the environment. In some cases, the applicant might have to appear for registration test and on passing the test, the applicant is granted full right of the property that he or she claims. With the advent of this law, it could be made sure by the Australian government that even after colonisation, the native people have their rights and the government and its endeavours can uphold the economy of the native people. [footnoteRef:3]According to statistics after the arrival of the law, the economic transactions and conditions of the people living in the native parts of Australia have gone up as much as 23%. This is clear evidence that with these kinds of law, the native people enjoy freedom to have ownership of their own land, water, and resources that are associated with the environment and their lifestyle. It is a known fact that the regions of Australia that are in question are rich...
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