Flashcards in Native Title Deck (7)
Why was Terra Nullius an obstacle to achieving justice?
Because it was a concept that said the land belonged to know one and further, that the indigenous had no sovereignty, justifying the British Invasion and implementation of their common law.
What is the role of the High Court in relation to Native Title?
They have the final say. Native title tribunal brings it before the Dederal court and the high court hears appeals
What is the role of Parliament in Native Title?
The recognise Native Title to enact in legislation, protecting the property rights in the Indigenous
They enacted the Native Title Act 1993 (Cth)
Outline the Mabo Case and it's importance
-led to Native Title legislation
-Mabo argued they could prove uninterrupted connection to the land even though the British annexed it.
-this led to a consideration of Terra Nullius
-the court ruled that they WERE the traditional owners.
-it led to the creation of the National Native Title Tribunal
Outline the Wik Case and it's importance
-a group of people launched a case against the QLD government claiming pastoralists were on their land
-they won and it caused concerns for farmers
Was the law successful in achieving justice?
-yes, however some provisions of the Native Title Act that catered to the concerns of the pastoralists in the Wik case (such as the two pastoral lease and Native Title land could operate concurrently and a person had to PROVE their connection to the land) means it's still not successful.