Charles Darwin University

CDU eSpace
Institutional Repository

 
CDU Staff and Student only
 

Claiming thin air: is there a case for native title in radio spectrum?

Motlap, Shane. D. (2006). Claiming thin air: is there a case for native title in radio spectrum?. Master Thesis, Charles Darwin University.

Document type: Thesis
Citation counts: Google Scholar Search Google Scholar
Attached Files (Some files may be inaccessible until you login with your CDU eSpace credentials)
Name Description MIMEType Size Downloads
Download this reading Thesis_CDU_6530_Motlap_S.pdf PDF version generated by Student application/pdf 5.78MB 341
Reading the attached file works best in Firefox, Chrome and IE 9 or later.

Author Motlap, Shane. D.
Title Claiming thin air: is there a case for native title in radio spectrum?
Institution Charles Darwin University
Publication Date 2006
Thesis Type Master
Subjects 1005 - Communications Technologies
2001 - Communication and Media Studies
Abstract The question of whether a plausible case for native title in radio spectrum exists in Australia is not yet fully understood. The relevant literature is lacking in both breadth and depth. To date, no case has been developed and tested in the courts. Subsequently this thesis examined whether a plausible case could be constructed that demonstrates native title in radio spectrum in Australia. This thesis proposed that native title exists in radio spectrum, but is yet to be proven in Australian law; particularly when considerations are given to impediments as represented by the current government and by the current structure of native title legislation and its processes. Since there was a scarcity of available literature on the concept of native title in radio spectrum, and the fact that there was no relevant precedent that existed in Australian law, a comparative study of Maori rights in radio spectrum in New Zealand was undertaken to a) provide both an initial reference point for Indigenous Australians to consider if they were to pursue native title in radio spectrum, and b) to gauge the applicability of the Maori experience to the legislative conditions currently facing Indigenous Australians who might wish to express native title rights in radio spectrum. Eventually, the findings of this thesis support the existence of native title in radio spectrum; however, this cannot be expressed at the present time. Consequently, Indigenous Australians are strongly encouraged to pursue this issue with an enduring view to achieve economic and wider parity enjoyed by other Australians.


© copyright

Every reasonable effort has been made to ensure that permission has been obtained for items included in CDU eSpace. If you believe that your rights have been infringed by this repository, please contact digitisation@cdu.edu.au.

 
Versions
Version Filter Type
Access Statistics: 119 Abstract Views, 341 File Downloads  -  Detailed Statistics
Created: Thu, 18 Sep 2008, 09:44:41 CST