Native Title Case Study

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Native Title of Australia Native title is recognition of the traditional rights and interests to land and waters of Aboriginal and Torres Strait Islander people. It recognises the unique ties some Aboriginal groups have to land. Australian law recognises that native title exists where Aboriginal people have maintained a traditional connection to their land and waters, since sovereignty, and where acts of government have not removed it. The name terra nullius means ‘land belonging to no one’. As a common law concept, it refers not only to uninhabited territory, but also to territory that has no recognisable system of law, or social or political organisations. It was in 1992 when native title was first recognised by the High Court of Australia…show more content…
It first began in 1968 and was started by the Yolngu people. They claimed to be the traditional owners of Gove Peninsula. The peninsula had been leased to a mining company by the federal government and the Yolngu people were trying to claim their homeland back. They hoped to return to the peninsula and have the mining stopped. Justice Blackburn, the judge of the case said that the Yolngu people would not be able to return to Gove peninsula or stope the mining occurring there. The decision was based on the laws of terra nullius. The judge also said that there was not enough evidence to prove that they lived on the peninsula when the land was settled by the Europeans. Even though the court case didn’t win the land rights for them, it did succeed in raising public awareness about the issue of land…show more content…
The government owns the land but the farmers have exclusive rights to use it while under a pastoral lease. The decision provoked a significant debate in Australian politics. Some political leaders even criticised the court for being out of touch and for introducing uncertainty into Australian life. While the Wik decision did not grant automatic title over Crown land, it caused concern among pastoralists and mining companies that they would have to enter into lengthy negotiations with Indigenous people over access to and use of
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