Native Title Australia

The doctrine of terra nullius means

• Ground with nothing on it

• The land was owned by the colonists

• Land that is legally deemed to be unoccupied or uninhabited

• Land that can be bought and sold

The doctrine of reception means

• The separation of powers means the parliament can make the laws

• The division of powers means the government can make the laws

• English law dominates when Britain colonised uninhabited land

• The land had no legal system

Aboriginal people were not seen to own the land because

• They did not want to own the land

• They had a nomadic lifestyle

• Their customs and traditions forbid them from owning the land

• They had sophisticated land title systems

The first legislation which acknowledged traditional owners of the land is known as the

• Aboriginal Land Act 1945

• Native Australian Title Act 1990

• Mabo Land Act 1994

• Native Title Act 1993

To make a successful native title claim, indigenous Australians need to

• Prove that they own the land

• Prove that they have enough money to buy the land

• Prove that they have a relative who lives on the land

• Prove that they have an ongoing connection to the land

The Wik High Court Decision

• Stated that pastoral rights took higher priority than native title rights

• Stated that native title rights took higher priority than pastoral rights

• Acknowledged that Native Title could coexist with pastoral rights

• Lead to the passing of the Native Title Act 1993

Mabo v. Queensland 1992 High Court of Australia (HCA)

• Was based on discrimination on the grounds of race, under international law

• Was based on the changes to the referendum

• Was based on the changes to the Native Title Act

• Was based on customary law

Native Title Amendment Act 1998 (Cwlth)

• Is an example of ineffective law reform, because it placed restrictions on native title claims

• Extinguished native title over any land that was considered privately owned prior to 1 January 1994

• When native title exists alongside a pastoral lease, the pastoralist is allowed to use the land for primary production without having to consult people who have native title interests

• All of the above

The case which clarified what was necessary to prove native title was the

• Wik Case

• Yorta Yorta case

• Mabo case

• Yarmirr case

The media is an example of

• Conditions for law reform

• Agencies of law reform

• Mechanisms of law reform

• Civil law reform