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Additionally, the acquisition of radical title to land by the Crown at British settlement did not by itself extinguish native title interests. [22] A majority of the High Court found that: [3] The doctrine of terra nullius was not applicable to Australia at the time of British settlement of New South Wales
Terra nullius (/ ˈ t ɛr ə ˈ n ʌ l ɪ ə s /, [1] plural terrae nullius) is a Latin expression meaning "nobody's land". [2] Since the nineteenth century it has occasionally been used in international law as a principle to justify claims that territory may be acquired by a state's occupation of it.
This was the first major recognition of Aboriginal land rights by any Australian government, [15] and predated the 1967 Referendum. It allowed for parcels of Aboriginal land previously held by the SA Government, to be handed to the Aboriginal Lands Trust of SA under the Act. The Trust was governed by a Board composed solely of Aboriginal people ...
Indigenous land rights have historically been undermined by a variety of doctrines such as terra nullius. [3] which is a Latin term meaning "land belonging to no one" [4] In 1971, a group of Meriam people in Australia issued a legal claim for their ownership of their island of Mer in the Torres Strait. [5]
Eddie Mabo was born Edward Koiki Sambo on 29 June 1936 [1] in the village of Las located on the island of Mer in the Torres Strait.His parents were Robert Zesou Sambo and Poipe Mabo, but Eddie was adopted by his uncle Benny Mabo when his mother died shortly after he was born.
Colonial governments and settlers did not recognise any Aboriginal land rights or sovereignty (arguable under the doctrine of terra nullius) and therefore felt free to expand into their territory with impunity. [7]
National Native Title Tribunal definition: [3] [Native title is] the communal, group or individual rights and interests of Aboriginal people and Torres Strait Islander people in relation to land and waters, possessed under traditional law and custom, by which those people have a connection with an area which is recognised under Australian law (s 223 NTA).
A doctrine of common law native title had no place in a settled colony except under express statutory provisions (i.e. the recognition doctrine). Under the recognition doctrine, pre-existing interests were not recognised unless they were rights of private property and, while the community possessed a legal system, it was not proved that under ...