Managing Public and Native Title Lands (LAWS90026)

This subject focuses on land and its management in Australia. Government has sought to ensure economically efficient land use and exploitation through the grant of rights to use land for particular purposes. This has been fundamental to the settlement and economic development of Australia since 1788. The recognition of native title across Australia has brought a new emphasis to the management of the public estate, including land subject to native title rights and interests. This subject examines the legal regimes governing the management of land by state and territory agencies and by corporations that manage native title rights and interests. Specifically, it examines legislation and instruments creating particular management regimes including those concerning national parks, pastoral leases, and Crown land reserves, with a particular focus on Victoria. The lecturer has many years of academic scholarship in this area, engagement in law reform debates and practical client-focused legal advice.

Principal topics include:

• Australian land use and management since 1788
• Constitutional basis for land management
• Legal and economic basis for land tenures and other land management tools
• Nature of land tenures and other land management tools
• Aboriginal and Torres Strait Islander relationships with land and the recognition of their rights and interests in relation to land and waters as native title
• Legal relationship and interactions between native title and Australian land management tools, including extinguishment and co-existence
• Examination of pastoral and other leases and licences of Crown land as tools for land management
• Crown land reserves of land for a public purpose
• National and marine park management and co-management with Aboriginal and Torres Strait Islander peoples.