Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-gb8f7 Total loading time: 0 Render date: 2024-11-22T20:12:27.619Z Has data issue: false hasContentIssue false

15 - Aboriginal Land Rights, Subjection and the Law

from IV - Land and Environment

Published online by Cambridge University Press:  04 August 2022

Peter Cane
Affiliation:
University of Cambridge
Lisa Ford
Affiliation:
University of New South Wales, Sydney
Mark McMillan
Affiliation:
RMIT University, Melbourne
Get access

Summary

Born of a critical moment in Australia’s social and political history, the Aboriginal Land Rights (Northern Territory) Act 1976 is a vestige of earlier attempts to grapple with Aboriginal rights and restitution. The Act has led to the restitution of large stretches of land and coastal areas in the Northern Territory and has a history of implementation in a relatively consistent policy setting. For many Aboriginal groups, the era of seeking rights under the ALRA has transformed into one of self-management of Country and the seeking of economic and cultural futures for younger generations of Aboriginal landowners. For the first group to lodge a claim under the Act in 1976, the Yanyuwa (and including Binbingka, Garrwa and Mara claimants) in the southwest Gulf of Carpentaria, their story now stretches over four decades. This chapter accounts for existing Indigenous Laws in relation to lands and waters in the Gulf of Carpentaria, norther Australia. These Laws co-exist with white Australian law and have found themselves entangled in the context of an Aboriginal Land Claim. Yanyuwa culture and Law have not been obliterated by legislative land rights nor the legal fight it entails. In fact, many aspects of Law and culture have been assured through the act of generational knowledge transfer that is demanded as an evidentiary mandate, and due to the intense scrutiny of knowledge that must be displayed during the process of land claim hearings.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×