26/11/2014
Definition of words in the Native Title
•Nativus - A person who is born a villain or serf (Means .. 1. medieval farmworker, 2. enslaved laborer)
• Legal Title - A title that evidences apparent ownership but does not necessarily signify full and complete title or a beneficial interest
Legal - That which according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust. The equitable owner is he who has not the legal estate, but is entitled to the beneficial interest. The person who holds the legal estate for the benefit of another, is called the trustee; he who has the beneficiary interest and does not hold legal title, is called the beneficiary. (Bouviers)
Native Title
• Those people that are holding legal title to the area are trustee’s
• Trustee’s are not the beneficiaries, they are serfs. (noun)
serf (serfs) Means .. 1. medieval farmworker, 2. enslaved laborer
• Native Title gives legal title of the land to traditional owners (trustee) and makes the State the beneficiary Why do tribal inhabitants have to ask for titles to their lands from an inferior law originating out of Washington DC?
Traditio-nal Owners
•Traditio- The simple delivery of a piece of property by one person to another with the intention of transferring ownership
• Owner- One who has the right to possess, use, convey something
How does Native Title affect us?
• Not allowed to erect permanent structures.
• Only allowed to camp.
• Must acknowledge that the Crown owns all the minerals, petroleum, gas.
• Cannot use the Native Title areas for commercial purposes.
• Must recognize and come under the laws of the Commonwealth, State and local Governments
As a general rule, once they are extinguished, native title rights can never be recognized again under Australian law
Page 49 Published by the National Native Title Tribunal. © Commonwealth of Australia
April 2004
