Customary land tenure and registration in Australia and - download pdf or read online

By editors, James F. Weiner, Katie Glaskin.

ISBN-10: 1921313269

ISBN-13: 9781921313264

ISBN-10: 1921313277

ISBN-13: 9781921313271

The most topic of this quantity is a dialogue of the ways that criminal mechanisms, corresponding to the Land teams Incorporation Act (1974) in PNG, and the local identify Act (1993) in Australia, don't, as they purport, serve basically to spot and sign in already-existing commonplace indigenous landowning teams in those international locations. as the laws is a vital part of ways within which indigenous everyone is outlined and controlled with regards to the country, it serves to elicit specific responses in landowner supplier and self-identification at the a part of indigenous humans. those items of laws actively contour the innovative evolution of landowner social, territorial and political agency in any respect degrees in those country states. The members to this quantity supply in-depth anthropological case reviews of social structural and cultural differences engendered by way of the war of words among states, builders and indigenous groups over rights to as a rule owned land.

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Extra info for Customary land tenure and registration in Australia and Papua New Guinea : anthropological perspectives (Asia-Pacific Environment Monograph 3)

Sample text

Outside CLRAs, a service was available for recording interests in customary land, but such interests would be given no statutory protection. 9. Transfers (to other customary groups), leases and mortgages entered into by incorporated land groups (ILGs) could also be registered, and in CLRAs the titles so gained would also be indefeasible. 10. Registered customary land would remain subject to custom, but a claim based on custom could not defeat a registered title in a CLRA. The East Sepik land legislation was an attempt to balance the economic need for greater certainty of interests in land with the desire, for social and cultural reasons, to retain customary tenures.

Upon incorporation, the assets and liabilities of a customary group are transferred to the ILG. Upon dissolution, the ILG’s customary land is vested back in its customary owners. Protection is given to outsiders dealing with an ILG. They are entitled to rely on its constitution, and if the ILG has entered into a dealing — other than a transaction disposing of its land27 — in accordance with the formal requirements set out in its constitution, that is generally conclusive as to its power to enter into the dealing.

The Derham Report of 1960 advising on the administration of justice in PNG also saw no place for a village-based system of courts applying custom (Oram 1979: 61–4). A. (Peter) Lalor, a champion of indigenous rights and often a thorn in the Administration’s side, was a legal conservative when it came to embracing customary institutions. Among the sources for his own paper, Lynch mentions publications by the New Guinea Research Unit of The Australian National University dealing with indigenous business enterprises (Lynch 1969: 4).

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Customary land tenure and registration in Australia and Papua New Guinea : anthropological perspectives (Asia-Pacific Environment Monograph 3) by editors, James F. Weiner, Katie Glaskin.


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