LAW440A Lecture Notes - Lecture 2: Numerus Clausus, Native Title Act 1993, English Property Law
Document Summary
Right to exclude is necessary but not suf cient: nominalism - the presence of right to exclude is not necessary. A legal system can label property anything it wants to. *today, the nominalist conception, or bundle of rights, is generally the understanding of property (often in context of the right to exclude as among the most essential of the bundle). Facts: yanner was charged with taking fauna without legal authority under fauna conservation. Act which prohibits people from keeping/taking fauna unless he has a license or other authority. Yanner asserts he was exercising his native title right to hunt even where general law prohibits the activity, as protected by native title act. Eaton submitted that the fauna act extinguished the native title right to hunt that crocodile when it was declared protected. Issue: what is the interpretation of section 7 of the fauna act that made fauna property" of the.
