Recognition of Aboriginal law, native title and possession of the land at the time of settlement has come to fruition through legal cases such as Mabo (1992) and Wik (1993) and the establishment of the Native Title Act (1993) and the amended Native Title Act (1998). ... An area of concern with native title was the issue of compensation. ... Therefore, native title could exist with the rights of the leaseholder. ... Twelve months after the Mabo judgement the Native Title Act (1993) was passed. ... However, in 1998 at the time of the Wik decision the Native Title Act (1993) was amended. ...

• Word Count: 1393
• Approx Pages: 6
• Has Bibliography
• Grade Level: Undergraduate

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. ... The Wik judgement stated that it was possible for native title to continue even if there was a pastoral lease on the land. ... It extinguished native title on pastoral leases, vacant crown land, in towns and cities, and over waterways and airspace. ... The Queen...

• Word Count: 1002
• Approx Pages: 4
• 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

In the 150-page judgement it was decided that "communal native title" had never formed part of Australian law. ... In its decision the court acknowledged that common law must recognise the concept of "native title" but the title could be extinguished by a valid act of either the state or federal parliaments expressing a plain and clear intention to do so. ... Two, the concerns to those with commercial interests was the effect that the decision would have been on the various mining and farming interests that existed in areas where native title claims were likely to be made. The Native Tit...

• Word Count: 2831
• Approx Pages: 11
• Has Bibliography
• Grade Level: Undergraduate

In Wik, the High Court decided that the grant of a pastoral lease does not necessarily extinguish native title, ie that native title can co-exist with rights conferred to pastoralists under the terms of their leases. ... However, according to Wik, where there is conflict in the exercise of those rights, native title rights are subordinate to those of the pastoral leaseholder. ...

• Word Count: 713
• Approx Pages: 3
• Grade Level: High School

Eddie Mabo was a fighter for the land rights of Aboriginals. During the 70's, the Queensland Government denied the Meriam Islanders the use of their land. Eddies Mabo led his people into court challenging the Queensland Government in 1982. He stated that his people had inhabited the Island long befo...

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

According to popular mythology, settlement of Australia was achieved peacefully and the "natives" of Australia gave up their land, rights, and freedom peacefully. ... Justice Moynihan's decision was that although Eddie Mabo was not the rightful heir to the land, native title did exist and that it was up to " the Aboriginal or Islander people to determine who owned what land" (Caldicott, 2002). Despite this progress towards and recognition of native title, land rights are still very much an issue today. ...

• Word Count: 1530
• Approx Pages: 6
• Has Bibliography
• Grade Level: Undergraduate

Even though the notion of Terra Nullius was upheld and native title rights were at this point denied, Judge Blackburn did acknowledge the claimants [the aboriginal people] ritual and economic use of the land and recognized that they had an adequate system of law." ... If the native title survived, why didn't other property laws? ...

• Word Count: 1027
• Approx Pages: 4
• Has Bibliography
• Grade Level: Undergraduate

Government housing has been allocated to some communities, and there is currently debate into the usage of sacred land, and more consideration is being given to native titles, since the Mabo and Wik cases, regarding the Native Title Act (1993), an act put together by the government to protect Aboriginal land. ...

• Word Count: 1082
• Approx Pages: 4
• Has Bibliography
• Grade Level: Undergraduate

"Describe and explain the changes that have occurred to the rights and freedoms of aboriginal people between 1900 and today" Between the 1900 and today, there have been many significant changes to the rights and freedoms of Aboriginal people. Some of the main issues being the stolen genera...

• Word Count: 884
• Approx Pages: 4

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