This claim was based on the concept of terra nullius, or land of nobody, whereby Britain assumed that Aboriginal people did not have any form of political organisation and therefore no leaders with the authority to sign treaties. In grazier and explorer John Batman used a treaty to buy land around Port Phillip Bay present-day Melbourne directly from its Aboriginal inhabitants.
This proclamation quashed the treaty and codified the concept of terra nullius. Aboriginal people therefore could not sell land, nor could individuals acquire it, except directly through the Crown. Photo: Jim McEwan. Yarra Bank Films. Over a period of 10 years, 33 Meriam people, including the plaintiffs, generated pages of transcripts of evidence.
The evidence presented included proof that the eight clans of Mer Murray Island have occupied clearly defined territories on the island for hundreds of years, and proved the continuity of custom on Mer. The High Court resolved that the Supreme Court of Queensland should determine the parameters of the case. This enabled the High Court to begin hearing Mabo No. On 3 June , six of the seven judges agreed that the Meriam held traditional ownership of the lands of Mer. The decision led to the passing of the Native Title Act , providing the framework for all Australian Indigenous people to make claims of native title.
This decision altered the foundation of land law in Australia and rendered terra nullius a legal fiction. In recognising that Indigenous people in Australia had a prior title to land taken by the Crown since Cook's declaration of possession in , the court held that this title exists today in any portion of land where it has not legally been extinguished.
The decision proved to be socially divisive. Many politicians and commentators claimed that non-Aboriginal Australians would be in danger of forfeiting the land they legally owned. But the ruling clearly stated that native title claims only apply to land such as vacant Crown land, national parks and some leased land.
Even then it is necessary for Aboriginal claimants to either go to court or a tribunal and prove that they have continually maintained their traditional association with the land in question. What is cultural competence? Find out more. Related news. Scholarship supports education and teaching of Indigenous language In life and death moments, clarity and purpose can be found.
Kelli Owen's moment showed her that she wanted to help Aboriginal kids know their traditional language. A scholarship helped her do it. A new perspective on Australian native grasses To celebrate National Reconciliation Week, our scientists, architects, alumnus Richard Leplastrier AO, and an Indigenous architectural graduate, collaborate to present a vision for how we can respect land and community.
What if: Australia, a land of missed opportunity Let's imagine that in , Captain James Cook acknowledges that there were people living on this continent, and instead of citing terra nullius, his recommendation was to negotiate with those people? Percy Knight explains. Leadership for good starts here. These six judgments in the Mabo case comprise hundreds of pages, of which just three pages are shown here.
The full judgments are available online. Museum of Australian Democracy. Significance Why is it important?
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