Syllabus Topic
Religion and Belief Systems in Australia post-1945
Contemporary Aboriginal Spiritualities
outline the importance of the following for the Land Rights movement:
- Native Title
- Mabo
- Wik
The Land Rights movement in Australia has been significantly shaped by three pivotal legal milestones: the Mabo decision, the Native Title Act, and the Wik decision. These developments have collectively recognized and affirmed the land rights of Indigenous Australians, challenging the doctrine of terra nullius and establishing a framework for the acknowledgment of native title.
Mabo Decision (1992)
The Mabo decision, formally known as Mabo v Queensland (No. 2), was a landmark ruling by the High Court of Australia on June 3, 1992. The case was initiated by Eddie Mabo and other Meriam people of Murray Island in the Torres Strait, who sought legal recognition of their traditional land rights. The High Court's decision overturned the concept of terra nullius—the notion that Australia was land belonging to no one prior to British colonization. This ruling acknowledged that Indigenous Australians had occupied and had rights to the land long before European settlement. The Mabo decision was a monumental step in rectifying historical injustices and laid the foundation for the Native Title Act.
Native Title Act (1993)
In response to the Mabo decision, the Australian Parliament enacted the Native Title Act in 1993. This legislation established a legal framework for Indigenous Australians to claim recognition of their native title rights over land and waters. The Act set out the process for determining native title claims, including the requirement to prove continuous connection to the land. It also provided mechanisms for compensation when native title was extinguished or impaired. As of May 2023, there have been 587 Native Title Determinations, reflecting the ongoing process of recognizing and affirming native title across Australia.
Wik Decision (1996)
The Wik decision, Wik Peoples v Queensland, was another significant High Court ruling delivered in 1996. The case addressed whether the granting of pastoral leases extinguished native title rights. The High Court concluded that the existence of a pastoral lease did not automatically extinguish native title rights. Instead, it established that native title could coexist with pastoral leases, provided that the rights were not inconsistent with the leasehold rights. This decision clarified the relationship between native title and other land interests, allowing for shared use and management of land by Indigenous peoples and leaseholders.
Current Relevance and Examples
The principles established by the Mabo decision, the Native Title Act, and the Wik decision continue to influence land rights and native title claims in Australia. For instance, the Gia and Ngaro Peoples initiated a Native Title claim covering Airlie Beach and the Whitsunday Islands in Queensland in late 2023. These legal milestones have been instrumental in recognizing and affirming the land rights of Indigenous Australians, providing a framework for the acknowledgment of native title and facilitating the resolution of land disputes. They have empowered Indigenous communities to assert their rights, leading to greater self-determination and involvement in land management decisions.
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