The Recording and Management of Indigenous Lands and Title: Is Reform Required?

(2015) 24 Australian Property Law Journal 235-255

Posted: 20 Apr 2016

See all articles by Margaret A. Stephenson

Margaret A. Stephenson

The University of Queensland - T.C. Beirne School of Law

Maureen Tehan

University of Melbourne - Law School

Date Written: April 19, 2015

Abstract

Systems for assessing and recording indigenous lands are critical to the continued recognition and enforcement of indigenous titles and for the effective management of indigenous titles. With the increasing number of native title determinations in Australia it is timely to review the systems of land administration that capture and manage indigenous lands and consider if reforms to these systems are required. Indigenous land holdings in Australia are reviewed with a focus on the recording and registration of such systems. This article questions whether the current system for recording native title in Australia is adequate and whether a search for a more appropriate title recording system should be undertaken.

JEL Classification: K00

Suggested Citation

Stephenson, Margaret A. and Tehan, Maureen, The Recording and Management of Indigenous Lands and Title: Is Reform Required? (April 19, 2015). (2015) 24 Australian Property Law Journal 235-255 , Available at SSRN: https://ssrn.com/abstract=2766837

Margaret A. Stephenson (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

Maureen Tehan

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
+61 3 8344 6205 (Phone)
+61 3 9347 2392 (Fax)

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