Land Tenure Law: Customary Land & Native Title

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Questions and Answers

According to the general recap of the lecture, who owns all land apart from customary land?

  • The citizens
  • Groups of automatic citizens
  • The state (correct)
  • Automatic citizens

Customary land is land owned by the state.

False (B)

According to common law ownership of land, what did it used to encompass?

Everything from heaven to earth

In the case of Bernstein v Sky Views and General Ltd, what was the main issue?

<p>Aerial photography without consent (B)</p> Signup and view all the answers

In PNG, the Oil and Gas Act and the Constitution vest minerals and petroleum in landowners.

<p>False (B)</p> Signup and view all the answers

According to the document, native title in Australia was recognized as part of the _________ of Australia.

<p>common law</p> Signup and view all the answers

What was the High Court of Australia's decision regarding the doctrine of terra nullius in the Mabo case?

<p>Set it aside. (C)</p> Signup and view all the answers

The Mabo case primarily concerned itself with ownership of minerals and petroleum in PNG.

<p>False (B)</p> Signup and view all the answers

What legal concept assumes the Crown's title is burdened by existing Aboriginal title, challenging the idea of terra nullius?

<p>Mabo case</p> Signup and view all the answers

Match the legal term with its meaning:

<p>Alienated Land = Customary land acquired by the government Unalienated Land = Customary Land Freehold = Land held from the State. A small proportion of alienated land Leasehold = Land held from the government for a specific term</p> Signup and view all the answers

Which of the following best describes the main function of the Land Titles Commission?

<p>Administering the Land (Tenure Conversion) Act (B)</p> Signup and view all the answers

In Papua New Guinea, non-citizens are allowed to own freehold land.

<p>False (B)</p> Signup and view all the answers

In PNG, leases over state land are generally processed for a maximum term of ___ years.

<p>99</p> Signup and view all the answers

Which of the following types of leases are provided for under The Land Act?

<p>All of the above (D)</p> Signup and view all the answers

Urban Development Leases are typically processed for a maximum term of 99 years, similar to other leases under the Land Act.

<p>False (B)</p> Signup and view all the answers

According to the lecture, what type of land is defined as land which the government has acquired from its customary owners?

<p>Leasehold land</p> Signup and view all the answers

According to Siu v Wasime Land Groups, a dispute over interests in land, means, a legal, equitable, or _______ interests.

<p>proprietary</p> Signup and view all the answers

What did Eddie Mabo request from the High Court in 1982?

<p>A declaration that Meriam people were entitled to property rights. (B)</p> Signup and view all the answers

Match the following definition with the land classification

<p>Customary land = Land owned by an automatic citizen/group of automatic citizens. All Land besides customary land = Belongs to the state</p> Signup and view all the answers

The National Court has jurisdiction to inquire into or deal with issues relating to disputes over customary ownership or interests in customary lands.

<p>False (B)</p> Signup and view all the answers

Flashcards

Customary Land

Land owned by an automatic citizen or group of automatic citizens

PNG mineral ownership

Royal minerals and petroleum are vested in the state

Limits on Landowner Rights

Common law ownership allows rights only for ordinary use and enjoyment of the land.

colonization

The introduction of common law in British territories.

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Indigenous property rights

Pre-colonial property interests of Indigenous Australians were not recognized by the Australian legal system until 1970s.

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Terra Nullius

Doctrine that indigenous land was historically vacant and ownerless.

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Crown Title after Mabo Case

The title assumed by the Crown was burdened by an existing title, overturning the concept of terra nullius.

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Alienated Land

Customary land acquired by the government for its use or for private development.

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Alienated land in PNG

Land that can be held as freehold or leasehold from the State

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Land Board

The Land Act provides the power to hear all applications for state leases. Administers the Land (Tenure Conversion) Act.

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Land Titles Commission

Determines if the land is alienated and ascertaining who the customary owners of the land are.

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Freehold Land in PNG

This type of land can be converted to leasehold so that it may be used and owned by a non-citizen.

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Leasehold Land

Land which the government has acquired from its customary owners and leased to a person or company for a term of up to 99 years for a specific purpose.

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