Mabo

Question 1

1992 High Court Ruling

Answer 1

Overturns the legal doctrine of ‘terra nullius’ and recognises that;
o The community of Murray Island had a valid system of land ownership that predates white settlement
o Australia’s Indigenous people owned traditional land under native title
o Native title continues to the present day, unless extinguished by the Crown
o Native title may be extinguished if the landholders lose all connection to their lands and cease to observe their traditional laws and customs.

Question 2

1967 Referendum

Answer 2

 Approved two amendments to the Australian constitution,
 Removed - “In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, Aboriginal natives shall not be counted.”

Question 3

Pastoral Lease:

Answer 3

Crown land that government allows to be leased, generally for the purposes of farming

Question 4

Freehold

Answer 4

Full ownership of land by the owner and his or her heirs

Question 5

Leasehold

Answer 5

A form of real estate holding in which a tenant has possession for a fixed period after which the lease may be renewed, or the property can be leased to another person

Question 6

Native Title

Answer 6

Term used by the High Court to describe the common law rights and interests of Abo and TS Islander people in land according to their traditions, laws and customs.

Question 7

Mabo Judgement (1992)

Answer 7

• Overturned Terra Nullius
• Assumed that pastoral leases which did not expressly allow rights for Aboriginal people would extinguish native title on the land

Question 8

Native Title Act (1993)

Answer 8

• Expresses the common law Mabo ruling
• Claimant must establish “Traditional Connection” with the land (including spiritual rather than a physical links
• Native title does not exist on pastoral leases

Question 9

Wik Judgement (1996)

Answer 9

• Native title can only be extinguished by a written law that expressly states this intention
• Pastoral leases do not give exclusive possession to leaseholders. Native title rights may exist to the extent that they do not conflict with pastoral leases

Question 10

Land Titles Validation Act 1998

Answer 10

• Validates all leases granted since 1994. (Compensation paid to native title holders)
• Consistent with the Commonwealth Act