THE MABO CASE / NATIVE TITLE
The Mabo Case - Eddie Mabo and Others v. The State of
Queensland - was a decision of the High Court which found
that Aboriginal native title was not extinguished - or
wiped out - by the British invasion and that Australia
was not terra nullius, Latin for "empty land". Koiki,
or Eddie, Mabo, was a member of the Meriam People, the
traditional owners of Murray Island and surrounding islands
and reefs in the Torres Strait. In 1982, Mabo , the Mabo
case changes the way we think about land law in Australia.
While the sovereignty of the Crown continues, terra
nullius is found to have never existed and instead native
title has been recognised. Aboriginal customary land
law - or native title - continues alongside British
Common and statute law. Native Title was gradually extinguished
parcel by parcel as colonial and later governments issued
titles. Native Title is likely to exist over land that
is categorised as unalienated Crown land, national parks
declared over land that we unalienated Crown land at
the time of the declaration, and over reserved lands.
There are two grounds for proving that Native Title
continues to exist under the common law. The claimant
group must prove that it owns the land under the relevant
Aboriginal or Torres Strait Islander customary land
laws, and the descendants of the group who owned the
land in 1788, must have had a continuous association
with the land. In response to the Mabo case, the Federal
Government passed the Native Title Act in December 1993
and has establishing a national land fund in 1994. |