Native title Essays

Native title ’Native title’ refers to the recognition that Aboriginal and Torres Strait Islander people (ATSI) have rights to their traditional lands. For many years, native title has been an on-going topic across Australia, with many people disliking the concept. However, due to Australia’s changing social values and new concepts of justice, it has now been recently addressed. It is through the legal mechanisms such as the ALRC, the NSWLRC, the parliament and the courts and the non legal mechanism

Native title law reform has been somewhat effective in achieving just outcomes for Indigenous Australians however it is important to acknowledge this reform as only a part of creating a more just society for the indigenous peoples. Native title is a form of land rights that recognises the indigenous peoples unique connection to the land, it also debunks the concept of ‘terra nullius’ allowing certain indigenous groups the right to parts of their land. Terra Nullius is the legal concept that the British

(www.reconciliation.org.au). The high court also recognized the principal of the native title. This means that the high court recognized that there was title to land before the arrival of the European Settlers

event took away the myth of terra nullius from Australian law and would recognise rights that Aboriginal and Torres Strait Islander peoples have to the land and waters according to tradition. Thus, creating way for the legal recognition of native land titles (Loos & Mabo, 2013). This essay will explain the impact of the Mabo decision, what events led to this event and what impact this has on Australian people today. The Mabo decision was a lengthy legal battle beginning back in 1982. One of

The Mabo decision was one of the most controversial decisions ever seen in Australian court. The decision was hard to fully comprehend as there was no definition to which native title existed in Australia before the British arrived. Aboriginal and Torres Strait Islanders celebrated the achievement in regaining their homeland and in remembrance of Eddie Mabo. Paul Keating the prime minister took the opportunity to apologise to

The decision affects the whole of Australia... Although the formal declaration of the Court is limited to the land specified in the plaintiff 's claims, the comments of the judges regarding the recognition of native title are applicable to Australia as a whole. As Justice Toohey states: 'While this case concerns the Meriam people, the legal issues fall to be determined according to fundamental principles of the common law and colonial administrative law applicable throughout Australia ...no basic

The Mabo Decision was a turning point for the recognition of the rights of Aboriginal and Torres Strait Islanders. From recognising ownership of traditional lands to raising awareness of racial discrimination, it affected the Indigenous Australian society in various ways. Firstly, the Mabo Decision was significant because it acknowledged the ownership of traditional lands by abolishing “terra nullius”, meaning that the land is empty and owned by no one. Previously, the British denied the Indigenous

of 16 he was expelled from the island for a breach customary laws, following this he then went to live in Queensland to pursue work opportunities. 15 years later Mabo attempted to return to Murray Island to only be denied access to the island. The Natives of Murray Island have also had their rights infringed as they have lived on the island for generations before the British colonised Australia and they believe that that should be taken into

to recognise the traditional land rights of his family and the Meriam People of Murray Island. As a result, the doctrine of terra nullius, that claimed Australia was a land without owners, was overturned, changing Australian law forever, and the Native Title Act was introduced, which legally recognised the traditional land rights of Indigenous Australians. Edward Mabo was born Edward Koiki Sambo, at Mer (Murray Island), in the Torres Straits on c. 29 June, 1936, and at that time

land rights movement: Native title –Mabo case and Wik decision. (5 marks) Aboriginal people experienced and still experiencing effects from the dispossession on their spiritualities. However, through the Land Rights movement Aboriginal people achieved part ownership to the land that is rightfully belongs to them. The three land rights movement, Native title, Mabo and Wik have an essential importance and significance to the Aboriginal people. The Native title: The Native title is of great importance

Koiki Mabo, Sam Passi, Reverend Dave Passi, James Rice and Celuia Mapo Salee) began a long campaign for ‘Native Title’, forever changing the country’s views on Indigenous Australians and the impact of settlement. The notion of land rights was often misunderstood by Australian people who believed they would have their suburban lands taken off them. This meant non-Indigenous support for native title was rare. However, Mabo real aim was to receive legal recognition of their traditional lands in the Torres

international law concept of terra nullius to govern the situation in “settled” colonies, which is how the law regarded Australia. The first test of terra nullius in Australia occurred with the decision of R v Tommy 1827, which indicated that the native inhabitants were only subject to English law where the incident concerned

legal authority to act, or abstain from acting, in a particular way) in 1982 to claim ownership of their ancestral land. The Case of Mabo v Queensland (N.2) asked the High Court whether the Meriam people of the Murray Islands were permitted to hold native title over their land. This idea had not been tested earlier as the doctrine of terra nullius was seen to concern all Australian land. The plaintiff’s argued that Meriam people should be given the right to the Murray Islands "as owners; as possessors;

The outcome of this court case lead to the insertion of a legal doctrine of native title into Australian Law, recognising the traditional rights of the Meriam people to their islands in the Torres Strait, the Court also held that native title existed for all Indigenous peoples in Australia who held rights in their lands under their own laws and customs prior to colonisation. The new doctrine of native title replaced a 17th century doctrine of terra nullius, the claim that the British made

Islander man who, alongside a group of Meriam people, challenged the Queensland state government with the Commonwealth and High Court to claim back their family land on Mer Island. The High Court ruled that Indigenous Australians had a right to claim native title to traditional lands that were not legally owned by the

In 1982 Eddie Mabo went to court to challenge the law of terra nullius and take back his people right to the land. This particular case was taken to the high court. Mabo’s argument was that indigenous people owned land prior to the law of terra nullius being put into action. The high court finally came to a decision to overturn the law of terra nullius on the 3rd of June 1992. However this decision came with a consequence, that of which was that many people did not believe that the high court had

equality for pastoral workers and land rights. 3 Cases involving Aboriginal’s land rights often leads to the Mabo case and the Native Title Act. The Native Title Act’s purpose is to recognise the ‘existing land rights of all owners of freehold property, and land rights also for many people who held pastoral or other leases.’ There have been many arguments about the Native Title Act ever since, resulting Prime Minister John Howard to put forward a ‘ten-point plan’ to resolve the disturbed minority

The Gurindji Walk Off to Aboriginal land rights was impacted historically, significantly, socially and politically. In 1966 the Gurindji people walked off Lord Vestey’s Wave Hill cattle station to protest against poor wages and living conditions. Instead of accepting these circumstances, they made the decision to walk off the station to a nearby creek where they set up a camp. This strike also sought the return of the Gurindji’s ancestral lands, and was the first such case recognised by Australian

The Mabo Decision was the turning point for the recognition of Aboriginal and Torres Strait Islander rights. Firstly, the Mabo Decision was significant because the decision was the lead up to the recognition of Aboriginal Rights. The Mabo Decision was the movement that made everyone fully recognise the Aboriginal people as humans, and official citizens of the country. The Decision also raised awareness to the discrimination the Aboriginal people were facing before the referendum. They were counted

Good evening, firstly I would like to acknowledge the traditional owners of this land and pay respect to the elders both past, present and future, I would also like to thank everyone for this amazing opportunity including the wonderful judges, this truly is a massive honour for myself and for others like me. Personally, in order to really obtain the goals which we all individually strive for, we must first find inspiration from our fellow Australians. I believe Ned Kelly, and his story is a strong