... High Court rejected the doctrine that Australia was 'terra nullius', but held that Australia was a settled colony in which the common law recognised native title to land. Before 1992, the generally accepted legal position was that, at the moment when the Crown acquired sovereignty over land in Australia, that ... land became the property of the Crown. Early New South Wales cases decided that there was no difference between the Crown's political sovereignty and the Crown's title to the soil, with power to make grants of land at the Crown's discretion. In Mabo v QLD (No 2), however, the H...

• Word Count: 2257
• Approx Pages: 9
• Grade Level: Undergraduate

... that: _ Australia wasn"t Terra Nulius _ native title existed before 1788 _ native title still exists if land was previously occupied by Aboriginal people _ land legally granted/sold by the government, native title ceases to exist _ Native Title Act, Dec 1993 _ Senate passed a Native Title Act _ Indigenous people could apply for recognition of native title _ had to show that their link with the land ... claimed was traditional and ongoing _ extinguished native title in public works and free hold land _ native title can only be revived after mining and ... pastoral land for the purpose o...

• Word Count: 2422
• Approx Pages: 10
• Grade Level: High School

... They had not surrendered the land by any treaty. In the late 1960's they went to court to claim that they had an aboriginal title to the Nass River area, and that it had not been lawfully extinguished".4 The Nisga"a tribe lost the court case due to a technicality ... rights. This was mainly due the fact that the Supreme Court of Canada judges supported the idea that aboriginal title may exist at common law, separate from the Royal Proclamation Act or other Canadian legislative acts. Though the Calder case provided a clear idea of Native land rights in ... (Aboriginals) and their ancestor...

• Word Count: 2063
• Approx Pages: 8

... for land ownership for the indigenous. It ruled that indigenous ownership of the land had survived where it hadn't been extinguished by a valid act of government and where aboriginal people had maintained traditional law and links to the land. This therefore gave the aborigines rights to the land, ... to practise their spirituality, which is a vital part of their lives. In December 1993 the Native Title Act was passed which put into law what the Mabo decision stated and made Native Title possible. Although the Mabo decision was quite important in regard to land ownership it did leave tw...

• Word Count: 1002
• Approx Pages: 4
• Grade Level: Undergraduate

... won an eleven-year court case concerning the ownership of the Murray Islands of the Torres Strait. Mabo convinced the High Court that his people had at no time relinquished title and ownership of that land and as such their ownership should be fully restored. Mabo was the first Aboriginal man to win a court case concerning land rights issues. In 1993 ... , the Native Title Act was established that recognised that Australia was not "Terra Nullis " at the time of European settlement. Therefore, the Native Title is the term used to indicate the rights of Aboriginal peoples to land and water...

• Word Count: 1408
• Approx Pages: 6
• Grade Level: Undergraduate

... the Aboriginals by the white people. They believed them to be unable to act for themselves, so there therefore needed this kind of care. In 1993 the Native Title Act was created to make a legal process in which Aboriginal communities could attempt to claim title to their traditional lands. The act requires that those who attempt to make claims on the land must demonstrate a connection ... ...

• Word Count: 884
• Approx Pages: 4

... land rights. Land-rights acts were put forward by the Australian government in 1976, then again in 1993 (Native Title Act)which gave Aborigines certain property rights that in the past they were denied, forced to settle in compounds. The National Native Title Tribunal was especially groundbreaking in dealing with Aboriginal claims for land that they rightly believed was taken from them. This ... resulted in a lot of compensation being given to the Aborigines, but also indigenous land use agreements. These saw negotiations on land between native title-holders and the land users themselve...

• Word Count: 1649
• Approx Pages: 7
• Grade Level: Undergraduate

... by assimilation into Western Culture. The oppression was imposed through the White Paper, The Right to Vote, and the Indian Act. In current times the ongoing Ideal No More campaign deals with the concerned matters of the indigenous population with connection to the Indian ... helped enlighten non-aboriginals on the struggles of the aboriginal community, and how they can be an ally. The Indian Act is a Canadian statute that incorporates the issues of governance, reserves, and status among the indigenous population (Aboriginal Affairs and Northern Development Canada). An ... the land bas...

• Word Count: 1070
• Approx Pages: 4
• Grade Level: Undergraduate

... that the Aboriginal's were faced with as many were left with no land and home, the poem is written to create awareness. 'Gone now and scattered', depicts the cruel act that left Aboriginals, displaced and forced out of their homeland, precisely the intended messages. Besides reflecting on the hardship and turmoil felt by Aboriginals, the poem acts as an affirmation ... throughout the poem as Noonuccal continually grieves the passing of their old ways. The phrase "We are Going" is referred to twice in the entire poem; the title and the last line. In the title, it suggests a sense of...

• Word Count: 545
• Approx Pages: 2

... official ranks as the town wants to be devoid of all things Aboriginal (In its ploy to sway coming elections). Realising he is relatively powerless under the Western Australian Aboriginal Act Jimmy continues to treat white Australians with contempt, voicing the injustices served; "JIMMY: You reckon blackfellas are bloody mugs. Whole town knows why we"re going. Cos wetjalas in ... authority he does not recognise. Jimmy repeatedly insults law enforcers, his attitude towards Mr Neville alone, the "Native Protector" is a prime example of this. The very fact that Mr Neville's title contains...

• Word Count: 1587
• Approx Pages: 6
• Grade Level: Undergraduate

... this action as they were faced with a growing public concern and anger over the treatment of Aboriginals. Discriminatory pieces of Legislation were repealed and a new Commonwealth Electoral Act was formed. The Commonwealth Electoral Act 1962 entitled "Aboriginal natives of Australia to enroll and vote as electors. This right had previously only been granted to Aboriginal people who owned property, had been educated ... attractive houses which the Government built specially for them at Wave Hill Welfare settlement, the Gurindji persisted with their protest and stayed put at Wattie Creek ...

• Word Count: 1133
• Approx Pages: 5
• Grade Level: Undergraduate

... . They also believed that natural resources might be claimed and a few believed that they didn't have the right to any land. The Mabo decision triggered the creation of the Native Title Bill. The bill set straight the details of the land ownership. The main feature of the law was to recognise land rights for people who own freehold property and also ... people with pastoral leases. For Aboriginals wanting to claim land under the act, have to prove that they have been living on the land continuously since 1788. The work done by Eddie Mabo and his supporters reunited many Aboriginals with ...

• Word Count: 339
• Approx Pages: 1
• Grade Level: High School

... that may be starting to touch all of Australia as demonstrated by the following occurrences. Recent legal and political decisions in this country (High Court Mabo Decision 1992 & subsequent Native Title Act 1993) show that Australia as a nation is at least beginning to formally recognise the importance of what the land means to Aboriginals. The fact that this has occurred in the ... ...

• Word Count: 472
• Approx Pages: 2
• Grade Level: Undergraduate