Discuss The Basis Of A Claim For The Recognition Of Native Title Act
Fundamentals of Built Environment Law
Assignment 1
Jeet Bhattad
871985
Q.1
The law recognizes that the conduct of a person intentional or otherwise towards another can sometimes lead to legal consequences creating rights and obligations.
One breach of this area of civil law is known as the Law of Torts. There are a number of different torts of which you are to name and discuss three of them one of which is to include “Negligence”.
With regards “negligence” you are to discuss how it would impact on a building site and to whom in relation to the Construction Industry would be involved that may lead to a Tortious action and what level of the duty of care is required by such people. Your answer should include reference to Architects,
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Q.2
The High Court of Australia in the celebrated case of Mabo v State of Queensland (No 2) (1992) decided that native title is recognised at common law and that indigenous inhabitants have rights to traditional lands.
i. Discuss what Native Title is. ii. Discuss the basis of a claim for the recognition of Native Title pursuant to Section 223 of the Native Title Act.
i. In Australia, the aboriginal title is referred to as native title by the common law.
“The recognition by Australian law that indigenous people have rights and interests to their land that come from their traditional laws and customs.” It is stated in Nntt.gov.au 19th December 2007, ‘Exactly what is native title? – What is native title? – National native title tribunal’.
ii. The basis of claim for the recognition of native title pursuant to section 223 of the native title act;
• Common law rights and interests;
It basically means the group or individual rights and interests of aboriginal people or Torres Strait Islanders in relation to land and waters, where; these rights are under hold of their traditional laws and customs observed by the aboriginal people or Torres Strait Islanders. They have connection to the land and waters with those laws. Common law of Australia recognizes these rights and
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