GSC2805

Land rights

Lynne Holten

8 points - 3 hours per week - Second semester - Gippsland - Prerequisites: Passes in 75% of first-year subjects

Objectives At the completion of this subject students will be able to identify the impact of colonial theories of land ownership and land use on Indigenous land rights; understand the history of dispossession and the Indigenous fight for land rights; identify relevant national documents involved in highlighting the fight for land rights; examine the various state legislation in relation to land rights; and look at the national focus towards Indigenous land tenure.

Synopsis The subject commences with an historical background to the land rights movement, specifically the movement in England during the 1830s. The fraudulent nature of the British claim to Australia is also examined in the light of international law at the time. The status of land rights legislation in each of the States and Territories is discussed and, where possible, a current dispute is used as a case study. The current political climate is then examined to stress the capability of mining companies to turn public opinion against land rights. The subject concludes with a comparative study of the status of land rights in another country with an indigenous people.

Assessment Essay one (1500 words): 30% - Essay two (2000 words): 30% - Overview essay (2500 words): 40%

Prescribed texts

Reynolds H The law of the land Penguin, 1988

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