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Indigenous Peoples, Land & Resource Law (LAWS70236)
Graduate coursework level 7Points: 12.5Not available in 2021
Please refer to the return to campus page for more information on these delivery modes and students who can enrol in each mode based on their location.
Overview
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This subject focuses on Indigenous peoples’ land and resource rights both in and beyond Australia. Current issues in this dynamic area of law will form the basis of the subject but will include comparative material, particularly but not limited to other common law jurisdictions, consideration of international instruments such as the Declaration on the Rights of Indigenous Peoples, conceptual material on property rights and reforms to indigenous land title in Australia and Canada. Native title law and practice will provide the context of much of the Australian material and will occupy a significant part of the subject. Particular attention will be given to three aspects of the native title process: the operation of the Native Title Act 1993 (Cth), the effect of recent jurisprudence on the enjoyment of native title rights and recent developments in the negotiation and implementation of agreements, whether as native title or non-native title outcomes.
This subject has a strong emphasis on comparative legal regimes for granting and managing indigenous land title and resources. Topics and case studies will be chosen from various jurisdictions.
Principal topics will include:
- Traditional indigenous cultural relationships, landholding systems and settler land titling systems
- Indigenous land claims, land access and agreement making in Australia and other jurisdictions
- A detailed examination of the structure, content and operation of legislative regimes, including the Native Title Act 1993 (Cth)
- State and territory land rights and cultural heritage legislation
- Mediation, negotiation and litigation processes and the institutional relationships in native title cases in Australia and other jurisdictions
- Recent court decisions in Australia and other jurisdictions
- Forms of conflict resolution over resource use, e.g. the Resource Management Act 1991 (NZ) and the Native Title Act 1993 (Cth)
- The Declaration on the Rights of Indigenous Peoples
- Case studies from Australia and elsewhere (e.g. indigenous land title and climate change, indigenous title to water and the review of the Foreshore and Seabed Act 2004 (NZ), customary land titles and individual title).
Intended learning outcomes
A student who has successfully completed this subject should understand:
- The common law background to indigenous land title in Australia and comparable jurisdictions such as Canada and New Zealand
- The different forms of land title including statutory titles and other titling arrangements such as reserves in Australia and comparable jurisdictions
- The legal and institutional instruments and arrangements that affect indigenous land titles in Australia and other jurisdictions
- The relationships between indigenous land titles and natural resources development, environmental management, cultural heritage protection and sustainability in Australia and other jurisdictions
- Statutory provisions regulating indigenous land title claims, loss of title, compensation, and future dealings on indigenous land in Australia and comparable jurisdictions including procedural elements, institutional relationships, litigation issues and key provisions of the Native Title Act 1993 (Cth)
- The significance of recent court decisions concerning the existence or extinguishment of native title in Australia and indigenous titles in comparable jurisdictions
- The significance of the Declaration on the Rights of Indigenous Peoples on domestic legal arrangements in Australia and comparable jurisdictions.
Last updated: 12 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 12 November 2022
Assessment
Description | Timing | Percentage |
---|---|---|
Research paper on a topic approved by the subject coordinator
| 100% |
Last updated: 12 November 2022
Quotas apply to this subject
Dates & times
Not available in 2021
Time commitment details
The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 12 November 2022
Further information
- Texts
Prescribed texts
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 12 November 2022