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An Aboriginal Land Council makes a native title claim in a New South Wales court for a particular area of land - HSC - SSCE Legal Studies - Question 10 - 2010 - Paper 1

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An Aboriginal Land Council makes a native title claim in a New South Wales court for a particular area of land. Which of the following rights is being exercised? (... show full transcript

Worked Solution & Example Answer:An Aboriginal Land Council makes a native title claim in a New South Wales court for a particular area of land - HSC - SSCE Legal Studies - Question 10 - 2010 - Paper 1

Step 1

Which of the following rights is being exercised?

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Answer

In this context, the Aboriginal Land Council is making a native title claim, which pertains specifically to property rights over land that is traditionally owned or occupied by Aboriginal peoples. This means the rights being exercised are linked to ownership and entitlement to that particular land.

Given the options:

  • Customary refers to rights based on traditions, which could be relevant but does not specifically highlight legal ownership.
  • Human rights encompass broader rights but do not specifically apply to claims over land.
  • Property rights, however, directly address the claim made by the Aboriginal Land Council.
  • Self-determination while significant to Indigenous peoples, pertains to the ability to make decisions about their own lives and governance rather than directly to land claims.

Thus, the correct answer is (C) Property, as the Aboriginal Land Council is seeking recognition of its ownership rights over the land.

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