Early New South Wales cases decided that there was no difference between the Crown's political sovereignty and the Crown's title to the soil, with power to make grants of land at the Crown's discretion. In Mabo v QLD (No 2), however, the High Court held that, on acquisition of sovereignty over a particular part of Australia, the Crown acquired a radical title to the land in part but did not become the universal and absolute beneficial owner of it, except in the case of those lands (if any) in relation to which no pre-existing native title interest existed. ... Although the in...

• Word Count: 2257
• Approx Pages: 9
• Grade Level: Undergraduate

It ruled that indigenous ownership of the land had survived where it hadn't been extinguished by a valid act of government and where aboriginal people had maintained traditional law and links to the land. ... In December 1993 the Native Title Act was passed which put into law what the Mabo decision stated and made Native Title possible. Although the Mabo decision was quite important in regard to land ownership it did leave two issues unresolved which included native title rights on pastoral leases and native title rights to the seas. ... It extinguished native title on pastoral leases...

• Word Count: 1002
• Approx Pages: 4
• Grade Level: Undergraduate

The Court said that native title could be possessed by people who contrived to use the land and where traditional connection with the land had been substantially maintained, but the Court also said that the crown grant which gave an interest in the land that was inconsistent with a native title claim, would extinguish that native title. ... In 1993 WA then passed a Land (Titles and Traditional Usage) Act, This; a) extinguished native title and gave "rights of traditional usage with regards to the land": and b) Ministers could suspend these lesser rights under various circumstances. At the sam...

• Word Count: 1458
• Approx Pages: 6
• Grade Level: Undergraduate

.: 250,000 _ groups: _ traditional _ urban (just under half of present population) _ there are similarities in the beliefs of different tribes _ spiritual dimension of the land _ present life is continuous with the Dreaming _ totemistic: animals/plants have associated symbols _ naturalistic: living off the land _ tied to the land: each group has a particular relationship with a particular piece of land _ The Dreaming as being fundamental to Aboriginal Culture and Societies _ 5 distinct features of Aboriginal Spirituality: Spiritual " spirits are natural to the world _ each person ...

• Word Count: 2422
• Approx Pages: 10
• Grade Level: High School

They believed them to be unable to act for themselves, so there therefore needed this kind of care. In 1993 the Native Title Act was created to make a legal process in which Aboriginal communities could attempt to claim title to their traditional lands. The act requires that those who attempt to make claims on the land must demonstrate a connection to the land. ...

• Word Count: 884
• Approx Pages: 4

The Mabo decision triggered the creation of the Native Title Bill. ... For Aboriginals wanting to claim land under the act, have to prove that they have been living on the land continuously since 1788. ...

• Word Count: 339
• Approx Pages: 1
• Grade Level: High School

The title metaphorically refers to a time outside the present, but part of the persona's "circle". ... Her own strong relationship to this past is evident in the first person possessive pronoun of the title and the metaphor "part of my blood's country" but this also imitates an Aboriginal phrasing about the connection to land, suggesting an indigenous presence which is absent from the rest of the poem. ... The juxtaposition suggested in the title of the "flame tree" in the "quarry" sets up the negative impact of time on nature, as the beaut...

• Word Count: 1047
• Approx Pages: 4
• Grade Level: Undergraduate

Recent legal and political decisions in this country (High Court Mabo Decision 1992 & subsequent Native Title Act 1993) show that Australia as a nation is at least beginning to formally recognise the importance of what the land means to Aboriginals. ...

• Word Count: 472
• Approx Pages: 2
• Grade Level: Undergraduate