British colonisation and sovereignty

British claims of sovereignty were made over different parts of Australia between 1788 (or possibly 1770) and 1879. Formal possession, on behalf of the British Crown, of the whole of the eastern part of the continent and Tasmania was taken on 7 February 1788 when Captain Phillip's commission was read.

Non-recognition of communal native title

Before 1992 the courts generally accepted that the classification of the colony as 'settled' was a matter of law which was not to be questioned upon a reconsideration of the historical facts, although these facts have been found to be at variance with the legal doctrine that Australia was 'terra nullius'. Two High Court justices, however, had suggested that, in the absence of any decision which was binding on the Court, it could be argued that the lands were acquired by conquest.

In 1967 the words 'other than the aboriginal race in any State' were removed by referendum. As a result of the alteration it is now 'competent for the Parliament to make special laws with respect to the people of the Aboriginal race'. Federal legislation since 1967 has, in most cases, defined 'Aboriginal' (used as a noun) to mean a person who is a member of, or a person of, the Aboriginal race of Australia.

Some topics in this essay:
Native Title, Northern Territory, Federal Parliament, Terra Incognito, British Crown, Recognition Aboriginal, Court Court, Law Non-recognition, Mabo QLD, South Wales, native title, common law, laws customs, aboriginal people, indigenous people, federal parliament, title land, native title land, 51 xxvi, aboriginal race, indigenous inhabitants, communal native title, section 51 xxvi, crown acquired sovereignty, enjoyment native title,