Table of Contents
What did the 1992 Mabo decision do?
The 1992 Mabo decision led to the Native Title Act (1993) which created a framework that recognises Aboriginal and Torres Strait Islander peoples have rights to, and interests in, certain land because of their traditional laws and customs.
What did Mabo say about terra nullius?
In the Mabo case the High Court rejected terra nullius, but only to the extent that ‘common law’ had failed to recognise and protect the pre-existing land rights of indigenous Australians.
How was terra nullius overturned 1992?
The High Court’s Mabo judgment in 1992 overturned the terra nullius fiction. In the same judgment, however, the High Court accepted the British assertion of sovereignty in 1788, and held that from that time there was only one sovereign power and one system of law in Australia.
When was the land declared terra nullius?
The Proclamation of Governor Bourke, 10 October 1835 is historically significant. It implemented the doctrine of terra nullius upon which British settlement was based, reinforcing the notion that the land belonged to no one prior to the British Crown taking possession of it.
Why was Australia declared terra nullius?
Possession of Australia was declared on the basis of unilateral possession. The land was defined as terra nullius, or wasteland, because Cook and Banks considered there were few ‘natives’ along the coast. They apparently deduced that there would be fewer or none inland. Their observations were soon proven incorrect.
Who claimed Australia terra nullius?
Governor Richard Bourke
The Proclamation of NSW Governor Richard Bourke in 1835 implemented the legal principle of terra nullius in Australian law as the basis for British settlement. This was 47 years after the arrival of the First Fleet.
Why was terra nullius abolished?
In particular, the theft of Aboriginal land was the focus of anger. In June 1992 the High Court overturned terra nullius. After 204 years there was recognition that Aborigines and Torres Strait Islanders were here when the British invaded. In legal terms this meant recognising “native title” to land.
Why was Australia terra nullius?
Terra nullius is a Latin term meaning ‘land belonging to no-one’. British colonisation and subsequent Australian land laws were established on the claim that Australia was terra nullius, justifying acquisition by British occupation without treaty or payment.
Who abolished terra nullius?
The Mabo Decision The momentous Mabo case finally acknowledged the history of First Nations dispossession in Australia, abolished the legal fiction of terra nullius, and altered the foundation of Australian land law.
What countries are terra nullius?
Historical claims of terra nullius
- Burkina Faso and Niger.
- Western Sahara.
- Pinnacle Islands (Diaoyu Islands/Senkaku Islands)
- Scarborough Shoal (South China Sea)
- Rockall.
- Sealand.
- Svalbard.
- Canada.
Who got rid of terra nullius?
Mabo decision
Terra nullius was overturned in the High Court of Australia’s Mabo decision in 1992, which recognised Aboriginal and Torres Strait Islander peoples’ continuing connection and rights to land through Native Title.
When did terra nullius end Australia?
1992
When was the Mabo decision made?
The legal decision was made by the High Court on 3 June 1992. The Mabo decision was named after Eddie Mabo, the man who challenged the Australian legal system and fought for recognition of the rights of Aboriginal and Torres Strait Islander peoples as the traditional owners of their land.
What is terra nullius and why is it important?
Terra nullius was overturned in the High Court of Australia’s Mabo decision in 1992, which recognised Aboriginal and Torres Strait Islander peoples’ continuing connection and rights to land through Native Title. Did you know? A treaty is a binding agreement between two or more states or sovereign powers.
What does the Mabo case mean for Indigenous Land Law?
The momentous Mabo case finally acknowledged the history of Indigenous dispossession in Australia, abolished the legal fiction of “terra nullius”, and altered the foundation of Australian land law.
What happened at the end of terra nullius?
The end of Terra Nullius, the beginning of Native Title. Terra nullius is a Latin term meaning “land belonging to no one”. British colonisation and subsequent Australian land laws were established on the claim that Australia was terra nullius, justifying acquisition by British occupation without treaty or payment.