Native title, crown property and resources: Post-Mabo judicial interpretations of statutory declarations and statutory vesting provisions

Secher, U., and Amankwah, H.A. (2003) Native title, crown property and resources: Post-Mabo judicial interpretations of statutory declarations and statutory vesting provisions. James Cook University Law Review, 9. pp. 110-226.

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Abstract

It is clear from the decision in Wik Peoples and Thayorre People v Queensland that the grant of a pastoral lease does not create a full legal reversionary interest in the Crown and is, therefore, insufficient to expand the Crown’s underlying radical title. The cases discussed in this paper, however, focus on a very different exercise of sovereign power: whether legislative vesting of property in the Crown can, without more, confer beneficial title upon the Crown. Although there are various legislative regimes which generally purport to vest property in the Crown, this paper will focus on two specific examples of legislative vesting which relate directly to land. The first, considered in Part I, deals with the various legislative regimes which contain express declarations of Crown ‘property’ in minerals. The second, examined in Part II, deals with express legislative vesting of resumed land in the Crown.

Item ID: 916
Item Type: Article (Refereed Research - C1)
Keywords: Crown property, Native title, Radical title, Statutory declarations, Vesting of property
Additional Information:

Has been cited in the leading Australian property law text: Edgeworth, Rossiter, Stone, Sackville and Neave Property Law: Cases and Materials (7th ed, Lexisnexis, Butterworths, 2004). Included in the JCULR's special edition on Native Title Reproduced with permission from James Cook Univeristy Law Review.

ISSN: 1321-1072
Date Deposited: 26 Oct 2006
FoR Codes: 18 LAW AND LEGAL STUDIES > 1899 Other Law and Legal Studies > 189999 Law and Legal Studies not elsewhere classified @ 100%
SEO Codes: 97 EXPANDING KNOWLEDGE @ 100%
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