Australian Aboriginal Land Rights in Transition
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Eddie Mabo and Others V. the State of Queensland, 1992. 1 the Significance of Court Recognition of Landrights in Australia
Kunapipi Volume 14 Issue 1 Article 3 1992 Eddie Mabo and Others v. the State of Queensland, 1992. 1 The Significance of Court Recognition of Landrights in Australia Merete Falck Borch Follow this and additional works at: https://ro.uow.edu.au/kunapipi Part of the Arts and Humanities Commons Recommended Citation Borch, Merete Falck, Eddie Mabo and Others v. the State of Queensland, 1992. 1 The Significance of Court Recognition of Landrights in Australia, Kunapipi, 14(1), 1992. Available at:https://ro.uow.edu.au/kunapipi/vol14/iss1/3 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] Eddie Mabo and Others v. the State of Queensland, 1992. 1 The Significance of Court Recognition of Landrights in Australia Abstract In Australia, Aborigines and Torres Strait Islanders have made much less use of the courts in the struggle for recognition of their rights to the land than, for example, the Indians in North America have. There have only been two major landrights cases in Australia; the first one, Milirrpum and others .v Nabalco and the Commonwealth, was brought by the Yolngu of north-eastern Arnhemland in 1969 in protest against the granting by the federal government of a mining lease to Nabalco on their land. The case was decided by the Supreme Court of the Northern Territory in 1971. The second case, Mabo and others v. the State of Queensland was an action initiated in 1982 by the Meriam people from the Torres Strait Islands to prevent an increase in government powers over their land. -
From Mabo to Yorta Yorta: Native Title Law in Australia
Washington University Journal of Law & Policy Volume 19 Access to Justice: The Social Responsibility of Lawyers | Contemporary and Comparative Perspectives on the Rights of Indigenous Peoples January 2005 From Mabo to Yorta Yorta: Native Title Law in Australia Lisa Strelein Australian Institute of Aboriginal and Torres Strait Islander Studies Follow this and additional works at: https://openscholarship.wustl.edu/law_journal_law_policy Part of the Indian and Aboriginal Law Commons Recommended Citation Lisa Strelein, From Mabo to Yorta Yorta: Native Title Law in Australia, 19 WASH. U. J. L. & POL’Y 225 (2005), https://openscholarship.wustl.edu/law_journal_law_policy/vol19/iss1/14 This Rights of Indigenous Peoples - Essay is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. From Mabo to Yorta Yorta: Native Title Law in Australia Dr. Lisa Strelein* INTRODUCTION In more than a decade since Mabo v. Queensland II’s1 recognition of Indigenous peoples’ rights to their traditional lands, the jurisprudence of native title has undergone significant development. The High Court of Australia decisions in Ward2 and Yorta Yorta3 in 2002 sought to clarify the nature of native title and its place within Australian property law, and within the legal system more generally. Since these decisions, lower courts have had time to apply them to native title issues across the country. This Article briefly examines the history of the doctrine of discovery in Australia as a background to the delayed recognition of Indigenous rights in lands and resources. -
Tripartite Test
HIGH COURT OF AUSTRALIA 11 February 2020 LOVE v COMMONWEALTH OF AUSTRALIA; THOMS v COMMONWEALTH OF AUSTRALIA [2020] HCA 3 Today, the High Court, by majority, answered a question in two special cases to the effect that Aboriginal Australians (understood according to the tripartite test in Mabo v Queensland [No 2] (1992) 175 CLR 1) are not within the reach of the power to make laws with respect to aliens, conferred on the Commonwealth Parliament by s 51(xix) of the Constitution ("the aliens power"). That is the case even if the Aboriginal Australian holds foreign citizenship and is not an Australian citizen under the Australian Citizenship Act 2007 (Cth). The tripartite test requires demonstration of biological descent from an indigenous people together with mutual recognition of the person's membership of the indigenous people by the person and by the elders or other persons enjoying traditional authority among those people. The plaintiffs, Mr Thoms and Mr Love, were both born outside Australia and are not Australian citizens. Mr Thoms was born in New Zealand on 16 October 1988 and became a New Zealand citizen by birth. He has resided permanently in Australia since 23 November 1994. Mr Thoms is a descendant of the Gunggari People through his maternal grandmother. He identifies as a member of that community and is accepted as such by members of the Gunggari People. He is also a common law holder of native title. Mr Love was born on 25 June 1979 in the Independent State of Papua New Guinea. He is a citizen of that country but has been a permanent resident of Australia since 25 December 1984. -
Torres Strait Islanders: a New Deal
The Parliament of the Commonwealth of Australia TORRES STRAIT ISLANDERS: A NEW DEAL A REPORT ON GREATER AUTONOMY FOR TORRES STRAIT ISLANDERS House of Representatives Standing Committee on Aboriginal & Torres Strait Islander Affairs August 1997 Canberra Commonwealth of Australia 1997 ISBN This document was produced from camera-ready copy prepared by the House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs and printed by AGPS Canberra. The cover was produced in the AGPS design studios. The graphic on the cover was developed from a photograph taken on Yorke/Masig Island during the Committee's visit in October 1996. CONTENTS FOREWORD ix TERMS OF REFERENCE xii MEMBERSHIP OF THE COMMITTEE xiii GLOSSARY xiv SUMMARY AND RECOMMENDATIONS xv CHAPTER 1 – INTRODUCTION REFERRAL TO COMMITTEE.......................................................................................................................................1 CONDUCT OF THE INQUIRY ......................................................................................................................................1 SCOPE OF THE REPORT.............................................................................................................................................2 PRELIMINARY OBSERVATIONS .................................................................................................................................3 Commonwealth-State Cooperation ....................................................................................................................3 -
Akiba V Cth .Pdf
250 CLR 209] AKIBA V THE COMMONWEALTH 209 AKIBA.. ................................................................ APPELLANT; APPLICANT, AND THE COMMONWEALTH OF AUSTRALIA AND OTHERS.............................................. RESPONDENTS. RESPONDENTS, [2013] HCA 33 ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA Aboriginals — Native title to waters — Fishing — Whether right to fish for HC of A commercial or trading purposes extinguished by legislation — Whether 2013 reciprocal access and use rights between Torres Strait Island communities constituted native title rights and interests — Native Title Act 1993 (Cth), Feb 12; ss 211, 223, 225. Aug 7 2013 Thirteen island communities in the Torres Strait applied to the Federal Court of Australia pursuant to the Native Title Act 1993 (Cth) for a French CJ, Hayne, determination of native title over part of the waters of the Strait. A judge Crennan, Kiefel and of that Court made a native title determination over the waters which Bell JJ included a non-exclusive group right to access resources and to take for any purpose resources in the native title areas in accordance with the traditional laws and customs of the native title holders and the laws of the State of Queensland and the Commonwealth, including the common law. Certain reciprocal rights and interests subsisting between members of Torres Strait Island communities were found not to constitute native title rights and interests within the meaning of s 223 of the Native Title Act. The Commonwealth appealed against the determination on the ground that colonial, State and Commonwealth fisheries legislation had extinguished any native title right to take fish and other aquatic life for commercial purposes. The Torres Strait Islanders cross-appealed against the finding that the reciprocal rights did not constitute native title rights and interests. -
Autonomy Rights in Torres Strait: from Whom, for Whom, for Or Over What?
Autonomy rights in Torres Strait: From whom, for whom, for or over what? W.G. Sanders and W.S. Arthur No. 215/2001 ISSN 1036-1774 ISBN 0 7315 2650 3 Will Sanders is a Fellow and Bill Arthur a Research Fellow at the Centre for Aboriginal Economic Policy Research, The Australian National University. CENTRE FOR ABORIGINAL ECONOMIC POLICY RESEARCH DISCUSSION PAPER NO. 215 iii Table of contents Abbreviations and acronyms ...............................................................................iv Summary .............................................................................................................v Acknowledgments ................................................................................................v Introduction ........................................................................................................ 1 Calls for autonomy, and existing and proposed governance structures ................ 4 From whom? ....................................................................................................... 8 For whom? .......................................................................................................... 9 For or over what? .............................................................................................. 12 Autonomy, Australian federalism, and regional ethnic diversity: A concluding comment ...................................................................................... 15 Notes................................................................................................................ -
Ed. Kit Front & Back Cover
IlanIlan PasinPasin this is our way Torres Strait Art EducationEducation KitKit NOTES FOR TEACHERS About The Exhibition With an identity unique to itself, the culture of the Torres Strait Islanders is relatively unfamiliar to the majority of Australians. Since European settlement non-indigenous Australians have largely subsumed Torres Strait Islanders into the culture of Aboriginal Australia. Ilan Pasin is the first major exhibition of Torres Strait Islander art ever seen in Australia and your visit will be one that you and your students will find to be an enriching and rewarding educational experience. Some things are known by mainstream Australians about the Torres Strait, one being that it is the birthplace of Eddie Mabo who fought and won the first great land rights battle. What is less known is the significance of the place of cultural objects in establishing a tradition and the occupation of land. These objects were originally gathered in 1898 by anthropologists of the Haddon expedition from Cambridge University and now 100 years later one of these holdings has come back on loan from Cambridge to sit beside the artworks of young contemporary Torres Strait Islanders. The Haddon expedition was the first to use film to document social anthropological findings and stills from these as well as other insights can be viewed on the Cambridge website at http://cumaa.archanth.com.qc.uk/museum.html Haddon belonged to a group of scientists who were developing Darwinian biology; their findings helping to depose evolutionary theories about European superiority and scientific racism. The exhibition is best considered in three sections.The first shows traditional artefacts from the time before European occupation.The second shows works of an ‘in-between’ period with western In part of the exhibition influences evident and the third and major part of the exhibition features the vibrant and alive there are a lot of prints. -
Mabo Screening with Rachel Perkins at University of Johannesburg
Mabo Screening with Rachel Perkins University of Johannesburg 19 April 2017 Welcome and let me add my thanks to all of you for attending today’s screening of the film, Mabo. My name is Ben Playle and I’m the Australian Deputy High Commissioner to South Africa. I’m particularly grateful to our partners here at the University of Johannesburg for hosting us today: Professor Ade Adebajo of the Institute for Pan-African Thought and Conversation; Dr Rookaya Bawa of the Library; and Professor Phyllis Dannhauser of the Department of Journalism, Film and Television. Many thanks to you and your staff. Above and beyond even our hosts, allow me to thank our special guest, Ms Rachel Perkins, for accepting the Australian High Commission’s invitation to visit South Africa for the first time. It’s a great pleasure to have you in town for a few days. As I’m sure you’ve already experienced, the legacy of apartheid continues to cast a long shadow across South Africa, including in relation to the issue of land. The forced movement of particularly black South Africans during the apartheid era has given rise to calls for redistribution of land, including calls from some for the expropriation of land without compensation. Those calls are rarely far from the surface of South African politics, and sometimes, as recently, make controversial headlines. 1 The issue of land is also at the centre of the film directed by Rachel that we’ve just seen. Rachel has spent the past 25 years telling the stories of Indigenous Australians, our Aboriginal and Torres Strait Islander peoples, through film. -
English Text Summary Notes
ENGLISH TEXT SUMMARY NOTES Mabo Text guide by: Peter Cram & Kay Perry Mabo 2 Copyright © TSSM 2017 TSSM ACN 099 422 670 ABN 54 099 422 670 A: Level 14, 474 Flinders Street Melbourne VIC 3000 T: 1300 134 518 F: 03 90784354 W: tssm.com.au E: [email protected] Mabo 3 Contents AUTHOR NOTES ......................................................................................................................................... 5 HISTORICAL CONTEXT ............................................................................................................................ 5 TEXT STRUCTURE ..................................................................................................................................... 6 Location ..................................................................................................................................................... 6 Historical context ....................................................................................................................................... 6 Social context ............................................................................................................................................. 6 Economic context ....................................................................................................................................... 6 Political context ......................................................................................................................................... 6 Significance of the setting ......................................................................................................................... -
Native Title and the 'Acquisition of Property' Under the Australian
—M.U.L.R- Brennan - final proof (pre-press completed).doc — Native Title — printed 19/05/04 at 21:14 — page 28 of 52 NATIVE TITLE AND THE ‘ACQUISITION OF PROPERTY’ UNDER THE AUSTRALIAN CONSTITUTION ∗ SEAN BRENNAN [The ‘just terms’ guarantee in s 51(xxxi) of the Constitution offers protection for the property rights of Australians, but does this protection extend to indigenous people who have native title rights and interests in land? Gummow J of the High Court has suggested the answer is no, at least where native title is extinguished by the grant of inconsistent rights over the same land to third parties. This article reviews recent case law on the meaning of ‘property’ and ‘acquisition’ under s 51(xxxi). The Australian law on native title — in particular its characterisation, its content and its extinguishment — is examined and assessed against the law on s 51(xxxi). The conclusion drawn is that in general the extinguishment of native title answers the description of an ‘acquisition of property’. Gum- mow J’s analysis that native title is inherently defeasible, and therefore that the ‘just terms’ guarantee does not apply to its extinguishment by inconsistent grant, should be rejected on the basis of precedent and principle.] CONTENTS I Introduction...............................................................................................................29 II Native Title as ‘Property’..........................................................................................30 A Conceptualising Native Title: Different Streams of Thought.......................30 -
Mabo Misinterpreted: the Unfortunate Legacy of Legislative Distortion of Justice Brennan’S Judgment
Osgoode Hall Law School of York University Osgoode Digital Commons Articles & Book Chapters Faculty Scholarship 2012 Mabo Misinterpreted: The Unfortunate Legacy of Legislative Distortion of Justice Brennan’s Judgment Kent McNeil Osgoode Hall Law School of York University, [email protected] Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/scholarly_works Part of the Indian and Aboriginal Law Commons Repository Citation McNeil, Kent, "Mabo Misinterpreted: The Unfortunate Legacy of Legislative Distortion of Justice Brennan’s Judgment" (2012). Articles & Book Chapters. 2533. https://digitalcommons.osgoode.yorku.ca/scholarly_works/2533 This Book Chapter is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. Mabo and Native Title 20 Years On Edited by Toni Bauman and Lydia Glick AIATSIS AUSTRALIAN INSTITUTE OF ABORIGINAL AND TORRES STRAIT ISLANDER STUDIES CONTENTS First published in 2012 by AIATSIS Research Publications © the Australian Institute of Aboriginal and Torres Strait Islander Studies in the vi collection, 2012. Foreword © in individual chapters is held by the contributors, 2012. Lowitja O'Donoghue All rights reserved. Apart from any fair dealing for the purpose of private study, research, Editors and Contributors viii criticism or review, as permitted under the Copyright Act 1968 (the Act), no part of this article Introduction: The Limits of Change xvii may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, Mick Dodson without prior permission in writing from the publisher. -
Indigenous Equality: the Long Road
INDIGENOUS EQUALITY: THE LONG ROAD GREG MCINTYRE SC This essay identifies some of incremental progress towards substantive racial equality in Australia for First Nations Peoples observed in the course of a legal practice extending over the past 44 years, affected by cases brought before the courts, particularly the case of Mabo v Queensland. It discusses the impact on that progress of legislation, particularly the Native Title Act. It concludes that recognition of the fiduciary duty of the Government towards its First Nations Peoples may be a necessary prerequisite to according them self determination and equality within the Australian nation. LLB (UWA) 1974, Barrister, Michael Kirby Chambers, Western Australia, Adjunct Professor, UNDA and UWA. INDIGENOUS EQUALITY: THE LONG ROAD VOL 8(2) 2021 CONTENTS I INTRODUCTION...........................................................................................................................2 II MY INTRODUCTION TO INDIGENOUS EQUALITY...........................................................................3 III LITIGATION OR LEGISLATION……………………….........................................................................5 IV LEGISLATING NATIVE TITLE........................................................................................................5 V PUSHING BACK THE STATES........................................................................................................6 VI PASTORAL LEASES V NATIVE TITLE............................................................................................7