81-410: The Australian wood duck , maned duck or maned goose ( Chenonetta jubata ) is a dabbling duck found throughout much of Australia . It is the only living species in the genus Chenonetta . Traditionally placed in the subfamily Anatinae (dabbling ducks), it might belong to the subfamily Tadorninae (shelducks); the ringed teal may be its closest living relative. The Australian wood duck
162-539: A Wiradjuri man from Cowra, New South Wales , commenced an action in the High Court of Australia arguing that Aboriginal people retained rights to land as an Aboriginal nation or nations existed pre-settlement and continues to exist, and that their land had been taken by conquest rather than by settlement. The court held in Coe v Commonwealth (1979) that no Aboriginal nation holds any kind of sovereignty , distinguishing
243-566: A bundle of rights , which may be extinguished one by one, for example, by a mining lease. In this case, the lease did not confer 'exclusive possession', because the claimants could pass over the land and do various things. But some parts of native title rights were extinguished, including the rights to control access and make use of the land. The claim was remitted to the Full Court of the Federal Court to determine in accordance with
324-497: A veto over development, and nor does it grant land, as the Aboriginal Land Rights Act (ALRA) does. National Native Title Tribunal definition: [Native title is] the communal, group or individual rights and interests of Aboriginal people and Torres Strait Islander people in relation to land and waters, possessed under traditional law and custom, by which those people have a connection with an area which
405-630: A ceremony in the desert attended by Maralinga Tjarutja leader Archie Barton , John Bannon and Aboriginal Affairs Minister Greg Crafter . This granted rights over 75,000 square kilometres (29,000 sq mi) of land in the Great Victoria Desert , including the land contaminated by the British nuclear weapons testing at Maralinga . Mabo v Queensland (No 2) (1992) was the foundational case for native title in Australia. In 1992
486-535: A determination, Prescribed Bodies Corporate are entered onto the NNTR. At this point, the corporation becomes a Registered Native Title Body Corporate (RNTBC). On 1 July 2011, the 160 registered determinations of native title covered some 1,228,373 km (474,277 sq mi) (approximately 16 per cent) of the land mass of Australia; and registered Indigenous land use agreements (ILUAs) covered about 1,234,129 km (476,500 sq mi) (about 16 per cent) of
567-599: A full sitting of the Federal Court and then to the High Court of Australia . The National Native Title Tribunal (NNTT), established under the Native Title Act 1993 , is a body that applies the "registration test" to all new native title claimant applications, and undertakes future act mediation and arbitral functions. The Attorney-General's Department advises the Australian Government on legal and legal-policy regarding on native title, and assists
648-656: A number of clan groups of Aboriginal people to an area of seas and sea-beds surrounding Croker Island in the Northern Territory. It was the first judgment by the High Court of native title over waters. The judge, Olney J, determined that members of the Croker Island community have a native title right to have free access to the sea and sea-bed of the claimed area for a number of purposes. The case established that traditional owners do have native title of
729-572: A package of coordinated measures and technical amendments to improve the performance of the native title system. These are aimed at making the native title process more efficient and to speed up the determination of whether native title exists on the 580 claims that had been registered but not yet determined. The Native Title Act 1993 was further amended by the Rudd government by the Native Title Amendment Act 2009 . It allows
810-470: A part of Australian common law with the decision of Mabo v Queensland (No 2) in 1992. The doctrine was subsequently implemented and modified via statute with the Native Title Act 1993 . The concept recognises that in certain cases there was and is a continued beneficial legal interest in land held by Indigenous peoples which survived the acquisition of radical title and sovereignty to
891-632: A pest animal or during declared recreational hunting seasons. In Western Australia the Australian Wood Duck is a declared pest of agriculture in the South West Land Division of WA under the provisions of Section 35 the Agriculture and Related Resources Protection Act 1976 and can be legally harvested on private land between the 1st January and the 30th June, in accordance with a restricted open season notice, without
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#1732797496204972-544: A pile of down. This duck nests in a tree cavity laying 9–11 cream-white eggs, similar to the Mandarin ducks . The female incubates them while the male stands guard. Once the ducklings are ready to leave the nest, the female flies to the ground and the duckling will leap to the ground and follow their parents. The males also secure their ducklings closely along with the females. The Australian wood duck eats grasses, grains, clover and other herbs, and occasionally, insects. It
1053-465: A report of a flightless goose caught in Ōpōtiki .) Chenonetta : Greek : χην khēn , χηνος khēnos "goose"; νηττα nētta "duck". jubata : Latin : iubatus "maned, crested", from iuba "mane, crest" This 45–51 cm duck looks like a small goose , and mostly feeds by grazing in flocks. The male is grey with a dark brown head, mottled breast and very thin white and black stripes on sides/flanks. The female has white stripes above and below
1134-818: A result of the recognition, under Australian common law, of pre-existing Indigenous rights and interests according to traditional laws and customs . Native title is not a grant or right created by governments. The Aboriginal Land Rights Act 1976 (see below) covers the granting of land to Aboriginal Land Trusts; setting up Aboriginal land councils ; mineral rights; decision-making processes for dealing with land; dealing with income from land use agreements; and negotiations about leases for development on Aboriginal land. The Native Title Act 1993 (NTA) gives recognition that "Aboriginal and Torres Strait Islander people have rights to land, water and sea, including exclusive possession in some cases, but does not provide ownership". It allows for negotiations over land, but does not provide for
1215-403: A result, native title rights could co-exist, depending on the terms and nature of the particular pastoral lease. Where there was a conflict of rights, the rights under the pastoral lease would prevail over native title rights. The Wik decision led to amendments to the Native Title Act 1993 by the Native Title Amendment Act 1998 . This Act, also known as the "10 Point Plan", was introduced by
1296-465: Is also common on farmland with dams, as well as around rice fields, sewage ponds and in urban parks. It will often be found around deeper lakes that may be unsuitable for other waterbirds' foraging, as it prefers to forage on land. It has been recorded as a vagrant in New Zealand , although in 2015 and 2016 a pair successfully bred there. The most common call is a loud, rising croaky gnow sound by
1377-511: Is granted, specific rights are decided on a case-by-case basis, and may only sometimes includes freehold title. Australia did not experience litigation involving Aboriginal native title until the 1970s, though several earlier cases tangentially involved issues of native title. In 1835, John Batman purported to sign Batman's Treaty with Aboriginal elders in the Port Phillip District . Governor Bourke declared Batman's Treaty
1458-422: Is one which has become a matter of heated controversy. If there are serious legal questions to be decided as to the existence or nature of such rights, no doubt the sooner they are decided the better, but the resolution of such questions by the courts will not be assisted by imprecise, emotional or intemperate claims. In this, as in any other litigation, the claimants will be best served if their claims are put before
1539-413: Is rarely seen on open water, preferring to forage by dabbling in shallow water, or in grasslands and crops. The Australian wood duck can be distinguished from pygmy geese , Nettapus spp., which are smaller, have bold white face markings and are usually seen on water. Whistling ducks , Dendrocygna spp., have longer legs and necks, larger, more duck-like bills and tend to walk more upright. When flying,
1620-554: Is recognised under Australian law (s 223 NTA). Commonwealth Government's indigenous.gov.au website: Native title is the recognition in Australian law, under common law and the Native Title Act 1993 (Cth), of Indigenous Australians' rights and interests in land and waters according to their own traditional laws and customs. Native title has also been described as a "bundle of rights" in land, which may include such rights as camping, performing ceremony , etc. If native title
1701-527: Is the right to hunt, gather, teach and perform cultural activities and ceremonies, and allow the young people to connect with their land. In March 2023, 8578.35 kilometres along the coast of the Grey River in Victoria. The case was the first Native Title case heard in the state of Victoria for 10 years. At the Federal Court at Warnambool designated the land as native title rights. Native title concerns
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#17327974962041782-617: The Attorney-General to administer the Native Title Act 1993 . According to the Attorney-General's Department: There are fundamental differences between land rights and native title . Land rights are rights created by the Australian , state or territory governments. Land rights usually consist of a grant of freehold or perpetual lease title to Indigenous Australians . By contrast, native title arises as
1863-583: The Baikal teal , should also be considered distinct. The following genera are (with one exception) unequivocal dabbling ducks : The three known genera and four known species of moa-nalos all became extinct around AD 1000. They formerly occurred on the Hawaiian Islands and were derived from dabbling ducks, possibly even from a close ancestor of the mallard : Subfossil remains of a small, flightless dabbling duck have been recovered on Rota in
1944-611: The Federal Court of Australia recognised the native title rights of the Gurindji people to 5,000 square kilometres (1,900 sq mi) of the Wave Hill Station, allowing them to receive royalties as compensation from resource companies who explore the area. Justice Richard White said that the determination recognised Indigenous involvement (Jamangku, Japuwuny, Parlakuna-Parkinykarni and Yilyilyimawu peoples) with
2025-460: The Fraser government as the Aboriginal Land Rights Act 1976 , which established a procedure to transfer almost 50 per cent of land in the Northern Territory (around 600,000 km2) to collective Aboriginal ownership. The Fraser government continued to implement many of the previous government's initiatives, under the description "self-management" rather than self-determination. In 1979, Paul Coe ,
2106-707: The Hawaiian archipelago . Another bizarre insular anatine was Bambolinetta from the Late Miocene of Tuscana , then part of the Tuscano-Sardinian insular landmass. Flightless or at least a poor flyer, it instead shows adaptations for wing-propelled diving, occupying a similar ecological niche to that of penguins and plotopterids . Frequently placed into the Anatinae are these genera, whose relationships must be considered uncertain at present: On
2187-534: The Howard government . The amendments substantially restricted Native Title by narrowing the right to negotiate and extinguishing Native Title on most pastoral and mining leases granted before 1994. Yorta Yorta v Victoria , addressed a native title claim by the Yorta Yorta Aboriginal people of north central Victoria , which was dismissed by Justice Olney of the Federal Court in 1998. Appeals to
2268-597: The Kimberley region, south of Broome . Land rights were recognised over 31,000 square kilometres (12,000 sq mi) of land (half the size of Tasmania) via an ILUA on 5 July 2011. In May 2004, following the passage of special legislation, South Australian Premier Mike Rann handed back title to 21,000 square kilometres of land to the Maralinga Tjarutja and Pila Nguru people. The land, 1,000 kilometres (620 mi) north-west of Adelaide and abutting
2349-505: The Mariana Islands . These cannot be assigned to a known genus, but probably are closest to Anas . A most bizarre duck-like bird, Talpanas lippa has been found on the Hawaiian island of Kauai . Because of its unique apomorphies (it seems to have had small eyes high and far back on its head), the placement of this anatid is likewise unresolved; only dabbling ducks and true geese are with certainty known to have colonized
2430-552: The National Native Title Tribunal . After the Mabo decision it was uncertain as to whether the granting of pastoral leases would extinguish native title. The Wik Decision in 1996 clarified the uncertainty. The court found that the statutory pastoral leases (which cover some 40% of the Australian land mass) under consideration by the court did not bestow rights of exclusive possession on the leaseholder. As
2511-539: The Native Title Act by the Australian Law Reform Commission reported that "Courts have indicated that native title is not to be understood in terms equivalent to common law property interests, but they often still tend to draw on these concepts... The prevailing view of the nature and content of native title is hybrid, drawing on traditional laws and customs for content, but also at times idiosyncratically adopting common law terms to describe
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2592-701: The Northern Territory . Prime Minister Gough Whitlam introduced a new policy of Aboriginal self-determination , and initiatives such as the Aboriginal Land Fund and the National Aboriginal Consultative Committee was set up. The latter consisted of elected Aboriginal representatives, who would advise the Minister of Aboriginal Affairs. The Whitlam government introduced legislation later passed by
2673-740: The Supreme Court of the Northern Territory , Justice Richard Blackburn explicitly rejected the concept of native title, ruling against the claimants on a number of issues of law and fact. In the wake of Milirrpum and the election of the Whitlam government in 1972, the Aboriginal Land Rights Commission (also known as the Woodward Royal Commission) was established in 1973 to inquire into appropriate ways to recognise Aboriginal land rights in
2754-622: The Western Australia border, was then called the Unnamed Conservation Park. It is now known as Mamungari Conservation Park . It includes the Serpentine Lakes , and was the largest land return since 1984. At the 2004 ceremony Rann said the return of the land fulfilled a promise he made to Archie Barton in 1991 when he was Aboriginal Affairs Minister, after he passed legislation to return lands including
2835-506: The diving ducks , mtDNA cytochrome b and NADH dehydrogenase subunit 2 sequence data indicates that they are fairly distant from the dabbling ducks. The morphological similarities are due to convergent evolution . In addition, the genus Anas , as traditionally defined, is not monophyletic ; several South American species belong to a distinct clade which would include the Tachyeres steamer-ducks. Other species, such as
2916-595: The pink-eared duck , and other genera are likewise of unresolved affiliation. The peculiar marbled duck , formerly tentatively assigned to the dabbling ducks, is thought to be a diving duck or even a distinct subfamily. This group of ducks has been so named because its members feed mainly on vegetable matter by upending on the water surface, or grazing, and only rarely diving. These are mostly gregarious ducks of freshwater or estuaries. These birds are strong fliers and northern species are highly migratory . Compared to other types of duck, their legs are located more towards
2997-472: The shelducks , the perching ducks , and the dabbling and diving ducks ; the latter two were presumed to make up the Anatinae. However, the perching ducks turned out to be a paraphyletic assemblage of various tropical waterfowl that happened to evolve the ability to perch well in their forested habitat . Several of these, such as the Brazilian teal , were subsequently assigned to the Anatinae. As for
3078-615: The Australian Wood Duck is very common in urban areas, especially near permanent water sources such as dams, ponds, pools and irrigated grass areas such as sporting facilities, urban parks and residential nature strips. The Australian Wood Duck is classified as a game bird in states and territories where recreational hunting is permitted and with the exception of the Australian Capital Territory, Australian Wood Duck can be harvested throughout its geographic range by licensed hunters in all states and territories either as
3159-504: The Australian wood duck is the only duck with white secondary feathers and dark wingtips. Marchant, S. and Higgins, P.J. (eds). 1993. Handbook of Australian, New Zealand and Antarctic Birds . Vol 1B (Ratites to Ducks), Oxford University Press , Sydney . Simpson, K and Day, N. (1999). Field guide to the birds of Australia, 6th Edition. Penguin Books, Australia. Handbook of the Birds of
3240-596: The Crown; and rights over the land may range from access and usage rights to rights of exclusive possession. Native title rights and interests are based on laws and customs that pre-date the British acquisition of sovereignty; they are distinct from the rights granted by government such as statutory land rights of the kind found in the Land Rights Act . Native title rights and interests may exist over land and waters to
3321-464: The Dja Dja Wurrung language ) and other species of waterfowl can be harvested by traditional owners using traditional and modern methods in all states and territories. This species is not threatened and due to its environmental adaptability, its numbers are considered to be ascending. Australian wood duck nests in cavities in trees or in nest-boxes above or near water. Nests are made with
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3402-578: The Federal Court to determine who may mediate a claim, whether that be the court itself, the Native Title Tribunal, or otherwise. Northern Territory v Mr Griffiths and Lorraine Jones was a 2018 High Court of Australia case, ruled in 2019, regarding land around Timber Creek, Northern Territory , involving a compensation claim by Ngaliwurru and Nungali lands surrounding Timber Creek. It related to various earlier cases since 1997. Described as "the most significant [case]… since Mabo ",
3483-507: The Federal Court, which may also order mediation by other agencies or persons. The purpose of mediation is to assist parties to clarify the issues in dispute, to explore options for settlement and to reach agreement. Mediation is a structured process, with the intention of a mutually agreed outcome rather than having a decision imposed by a judge. Alternative settlements (also termed "broader settlements" ) may be negotiated out of court, often being resolved more quickly and efficiently than via
3564-580: The Full Bench of the Federal Court in 2001, and the High Court in 2002 were also dismissed. The determination by Justice Olney in 1998 ruled that the 'tide of history' had 'washed away' any real acknowledgement of traditional laws and any real observance of traditional customs by the applicants. The 2002 High Court decision adopted strict requirements of continuity of traditional laws and customs for native title claims to succeed. Ward v Western Australia (1998) addressed an application made on behalf of
3645-661: The High Court decided the Blue Mud Bay sea rights case , establishing a precedent for sea rights over an intertidal zone for the first time. The Yolngu people of Baniyala were involved in this case, which involved Blue Mud Bay in East Arnhem Land . In 2007 the Howard government passed the Native Title Amendment Act 2007 , and the Native Title Amendment (Technical Amendments) Act 2007,
3726-411: The High Court ruled for the first time on compensation for the extinguishment of native title in Australia. It is considered a "landmark" native title case, because the clauses contained within the Native Title Act 1993 pertaining to the determination of compensation payable due to the extinguishment of native title had never been heard before in the High Court. Yamatji Marlpa Aboriginal Corporation
3807-619: The Indigenous land use agreement or, in Victoria, a settlement under the Traditional Owner Settlement Act 2010 (TOSA). Alternative settlements agreements can be made alongside the Native Title Act , but usually the traditional owners are required to withdraw any existing native title claims. Such settlements can include any matters agreed to by all parties, which may included recognition of traditional owner rights, grants of freehold for specified purposes, or
3888-523: The Miriuwung and Gajerrong people of the east Kimberly, over land in Western Australia and the Northern Territory. Justice Malcolm Lee of the Federal Court ruled in their favour in recognition of the native title. Western Australia appealed the decision to the Full Court of the Federal Court, then to the High Court. The High Court held in Western Australia v Ward that native title is
3969-447: The US case of Cherokee Nation v Georgia (1831) . However, the substantive issue of continuing land rights was not heard due to the lack of precision, vagueness and other serious deficiencies with the statement of claim presented to the court. Justice Gibbs said, at paragraph 21, 'The question what rights the aboriginal people of this country have, or ought to have, in the lands of Australia
4050-483: The World vol 1 by Josep del Hoyo-Andrew Elliot-Jordi Sargatal - Lynx Edicions - ISBN 84-87334-10-5 Guide De Canards, des oies et des cygnes – de Steve Madge - Delachaux et Niestlé - ISBN 2-603-01376-9 Anatinae See text The Anatinae are a subfamily of the family Anatidae ( swans , geese and ducks ). Its surviving members are the dabbling ducks , which feed mainly at
4131-402: The appropriate New South Wales Game license. In Queensland Australian Wood Ducks along with other species of waterfowl can be harvested by under the appropriate Damage Mitigation Permit (DMP) for culling and dispersal of wildlife identified as posing a risk of damage to property or agricultural production. In addition to recreational and mitigation harvesting, Australian Wood Duck ('Ngawurk' in
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#17327974962044212-416: The centre of their bodies. They walk well on land, and some species feed terrestrially. "Puddle ducks" generally feed on the surface of the water or feed on very shallow bottoms. They are not equipped to dive down several feet like their diving counterparts. The most prominent difference between puddle ducks and divers is the size of the feet. A puddle duck's feet are generally smaller because they do not need
4293-485: The continuing connection of Indigenous People to land, independent from a grant from the Crown. Native title would continue to exist as long as traditional laws and customs continue to be observed, unless the rights were otherwise extinguished by an incompatible grant by the Crown. Justice Gerard Brennan in this landmark decision stated: However, when the tide of history has washed away any real acknowledgment of traditional law and any real observance of traditional customs,
4374-739: The court dispassionately, lucidly and in proper form'. The South Australian Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 was introduced by Premier Don Dunstan in November 1978, several months prior to his resignation from Parliament. An amended bill, following extensive consultation, was passed by the Tonkin Liberal government in March 1981. This legislation gave significant rights well in advance of any other to date in Australia. In 1981, SA Premier Tonkin returned 102,650 square kilometres (39,630 sq mi) of land (10.2% of
4455-445: The court process under the Native Title Act . They can give traditional owner group recognition in areas where native title rights have been extinguished, or where it is difficult for a group to prove that it persists. Such agreements are resolved through negotiation, and recognition of traditional ownership and various other land rights in land may be achieved without an actual native title determination. Examples of such arrangements are
4536-434: The dabbling ducks form a tribe Anatini within these. The classification as presented here more appropriately reflects the remaining uncertainty about the interrelationships of the major lineages of Anatidae (waterfowl). The dabbling duck group, of worldwide distribution, was delimited in a 1986 study to include eight genera and some 50–60 living species. However, Salvadori's teal is almost certainly closely related to
4617-610: The decision of the High Court. The claimants reached an agreement about the claim area and a determination was made in 2003. "Exclusive possession native title was recognised over Lacrosse Island , Kanggurru Island, Aboriginal reserves within the Kununurra townsite, Glen Hill pastoral lease and Hagan Island. Non-exclusive rights were recognised over a number of areas including islands in Lake Argyle." Yarmirr v Northern Territory (2001), addressed an application made on behalf of
4698-493: The extent that they are consistent with other rights established over the land by law or executive action. According to the National Native Title Tribunal (2013): "The native title rights and interests held by particular Aboriginal people will depend on both their traditional laws and customs and what interests are held by others in the area concerned. Generally speaking, native title must give way to
4779-423: The extra propulsion to dive for their forage. Another distinguishing characteristic of puddle ducks when compared with diving ducks is the way in which they take flight when spooked or are on the move. Puddle ducks spring straight up from the water, but diving ducks need to gain momentum to take off, so they must run across the water a short distance to gain flight. Traditionally, most ducks were assigned to either
4860-399: The eye and mottled underparts. Both sexes have grey wings with black primaries and a white speculum . Juveniles are similar to adult females, but lighter and with a more streaky breast. The Australian wood duck is widespread in Australia, including Tasmania . The Australian wood duck is found in grasslands, open woodlands, wetlands, flooded pastures and along the coast in inlets and bays. It
4941-418: The females, and the male call is the same except smoother, shorter and higher than the females. Staccato chattering is also present in flocks. Australian wood duck is widespread in its geographic range and can be observed in a range of environments. This species has benefited from agriculture and urban developments due to the abundance of fresh water sources. In comparison to other species of Australian ducks,
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#17327974962045022-533: The foundation of native title has disappeared. Thus although over some parts of Australia native title has been lost, in large areas of the nation's interior, native title could be recognised. As Justice Brennan stated in Mabo (No. 2) , "native title has its origin and is given its content by the traditional laws acknowledged by and the customs observed by the Aboriginal inhabitants of a territory". One year after
5103-423: The interaction of two systems of law: Native title is the term adopted in Australian law to describe the rights to land and waters possessed by Indigenous Australians under their customary laws that are recognised by the Australian legal system. Native title is able to be possessed by a community or individual depending on the content of the traditional laws and customs; it is inalienable other than by surrender to
5184-474: The land "at least since European settlement and probably for millennia". The court sitting took place nearly 800 kilometres (500 mi) south of Darwin, and descendants of Vincent Lingiari and others involved in the Wave Hill walk-off celebrated the determination. The owners will participate in the mining negotiations and exploration work, from which royalties may flow in the future, but just as important
5265-447: The land by the Crown . Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title rights over the same land. The Federal Court of Australia arranges mediation in relation to claims made by Aboriginal and Torres Strait Islander peoples, and hears applications for, and makes, native title determinations. Appeals against these determinations can be made to
5346-615: The land mass, as well as about 5,435 km (2,098 sq mi) of sea. Native title in Australia frequently involves mediation between native title parties and other groups with an interest in native title, such as the Australian Government, state and territory governments, miners and pastoralists. Amendments to the NTA made in 2012 meant that the NNTT would henceforth only conduct native title claim mediation by referral from
5427-513: The nature or character of the rights". It is a complex area of law. The Act continues to be reviewed and amended. The National Native Title Register (NNTR), maintained by the NNTT, is a register of approved native title determinations. A determination can be that native title does or does not exist. As part of the determination of native title, native title groups are required to nominate a Native Title Prescribed Body Corporate to hold (as trustee) or manage (as agent) their native title. Following
5508-596: The need to obtain a damage licence from the Western Australian Department of Environment and Conservation. In New South Wales the Australian Wood Duck along with 9 other species of Australian duck can be harvested under the NSW Native Game Bird Management Program on private property by land owners and recreational hunters who have passed the nationally recognised 'Waterfowl Identification Test' (WIT) and hold
5589-488: The other hand, the following genera, usually considered to belong into the Tadorninae, may actually be dabbling ducks: Traditional owners Native title is the set of rights, recognised by Australian law , held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title rights were first recognised as
5670-539: The recognition of the legal concept of native title in Mabo , the Keating government formalised the recognition by legislation with the enactment by the Australian Parliament of the Native Title Act 1993 . The Act attempted to clarify the legal position of landholders and the processes to be followed for native title to be claimed, protected and recognised through the courts. The Act also established
5751-666: The rejection of native title in Milirrpum v Nabalco was overruled by the High Court in Mabo v Queensland (No 2) , which recognised the Meriam people of Murray Island (Mer) in the Torres Strait as native title holders over part of their traditional lands. The Court rejected the notion that all Indigenous rights to land were abolished upon acquisition of sovereignty over Australia. The Court held that native title rights continued to exist, and that these rights existed by virtue of
5832-662: The rights held by others. The capacity of Australian law to recognise the rights and interests held under traditional law and custom will also be a factor... The source of native title is the system of traditional laws and customs of the native title holders themselves." Native title rights and interests may include the right to live in an area or to access it for traditional purposes; to visit and protect sacred sites; to hunt, fish or gather resources; or to teach law and custom. Exclusive possession can only be recognised over certain parts of Australia, such as vacant Crown land , or areas already held by Indigenous Australians. A 2015 review of
5913-613: The sacred Ooldea area (which also included the site of Daisy Bates ' mission camp) to the Maralinga Tjarutja people. The Maralinga Tjarutja lands now total 102,863 square kilometres. The Aboriginal peoples of the Wimmera region of Western Victoria won recognition of their native title on 13 December 2005 after a ten-year legal process commenced in 1995 when they filed an application for a determination of native title in respect of certain land and waters in Western Victoria. It
5994-475: The sea and sea-bed; however common law rights of fishing and navigation mean that only non-exclusive native title can exist over the sea. The decision paved the way for other native title applications involving waters to proceed. Nangkiriny v State of Western Australia (2002 & 2004), in which John Dudu Nangkiriny and others were plaintiffs, were cases addressing the claims of the Karajarri people in
6075-592: The state's land area) to the Pitjantjara and Yankunytjatjara people. However, it did not give the people the power of veto over mining activities; any disputes would need to be resolved by an independent arbitrator. In 1984 Premier John Bannon 's Labor government passed legislation to return lands to the Maralinga Tjarutja people. The legislation was proclaimed in January 1985 and was followed by
6156-456: The surface rather than by diving . The other members of the Anatinae are the extinct moa-nalo , a young but highly apomorphic lineage derived from the dabbling ducks. There has been much debate about the systematical status and which ducks belong to the Anatinae. Some taxonomic authorities only include the dabbling ducks and their close relatives, the extinct moa-nalos. Alternatively, the Anatinae are considered to include most " ducks ", and
6237-678: Was "void and of no effect as against the rights of the Crown" and declared any person on "vacant land of the Crown" without authorization from the Crown to be trespassing. The proclamation was approved by the Colonial Office. The official objection to the Treaty was that Batman had attempted to negotiate directly with the Aboriginal people, whom the British did not recognise as having any claim to any lands in Australia. In 1971, in Milirrpum v Nabalco Pty Ltd (the "Gove land rights case") in
6318-549: Was first described by the English ornithologist John Latham in 1801 under the binomial name Anas jubata . The flightless New Zealand species Chenonetta finschi ( Finsch's duck ) which was formerly believed to constitute a monotypic genus ( Euryanas ) has been determined to belong to Chenonetta . It became extinct before scientists could properly survey the New Zealand avifauna, but possibly as late as 1870 (based on
6399-750: Was involved in a large native title claim from 1996, based on the Native Title Act 1993 , resulting in an historic determination in February 2020, involving both native title and an ILUA, covering an area of 48,000 square kilometres (19,000 sq mi) in Western Australia. A claim was lodged in 2016 by the Central Land Council on behalf of the Gurindji peoples in the area, as there were mining interests in area covered by Wave Hill Station 's pastoral lease. On 8 September 2020,
6480-529: Was the first judgment recognising native title over a capital city and its surroundings. The claim area itself is part of a much larger area included in the "Single Noongar Claim", covering the south-western corner of Western Australia. An appeal was subsequently lodged and in 2008 the Full Court of the Federal Court upheld parts of the appeal by the Western Australian and Commonwealth governments against Justice Wilcox's judgment. The 2008 decision by
6561-631: Was the first successful native title claim in south-eastern Australia and in Victoria, determined by Justice Ron Merkel involving Wotjobaluk, Jaadwa, Jadawadjali , Wergaia and Jupagalk people. In his reasons for judgment Justice Merkel explained the significance of his orders: In 2005 the Federal Court brought down a judgment recognising the native title of the Noongar people over the Perth metropolitan area. Justice Wilcox found that native title continues to exist within an area in and around Perth. It
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