Impact of mabo decision. Eddie Mabo, the man who changed Australia 2019-02-02

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Consequences Of the Mabo high court decision by Dr Cooray (1995)

impact of mabo decision

The effectiveness of the law and the law reform in protecting the rights of individual and society at large is demonstrated throughout this essay. So, the media should be very careful before giving any news to the public. The rights of Indigenous people, cultural heritage, environmental management, and the reputation of Australia as a first world nation with a fourth world underclass suffering at the hands of mining industry; all of these issues troubled those Australians who wanted a better deal for Indigenous people. The children spend their leisure time in playing games on computer which cause paucity of interaction with their friends. As such, it is the same right as is being enjoyed by rich Aboriginal Australians since colonisation.

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Eddie Mabo, the man who changed Australia

impact of mabo decision

In the Mabo case, Justice Brennan did indicate some support for the approach that the Commonwealth has taken in its legislative definition of 'Aboriginal' in various Commonwealth Acts. It is a function that the English courts have been performing for at least four centuries, probably longer, and it is a function which our courts have been performing ever since European occupation of this country and the inheritance of English law. This opened the way for claims by Aboriginal and Torres Strait Islander peoples to their traditional rights to land and compensation. For example, Australia is seeing historic accords between Aboriginal peoples and mining companies that show the way to a new working relationship. The evidence presented included proof that the eight clans of Mer Murray Island have occupied clearly defined territories on the island for hundreds of years, and proved the continuity of custom on Mer.

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Mabo/The Case/Implications Of Mabo

impact of mabo decision

This is known as native title. However, there have also been Indigenous voices expressing criticism of the decision. They found that the Crown needed to show that it had dealt with a piece of land in a manner that was inconsistent with the continuing existence of native title. The case challenged the existing legal system on two different perspectives. The pastoral lease would not be given up. It immediately gives rise to the question: will that place be extended? It was this extensive court record of land disputes that provided a wealth of evidence supporting their claim to native title heard first by the Queensland Supreme Court.

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Five things you should know about the Mabo decision

impact of mabo decision

Thus- some private land owners who hold titles to land issued in the 1800's and early 1900's still do own minerals in their land, and, in the case of Queensland, as recently as 1971, the state parliament amended the Mines Act to ensure that these land holders would be fully compensated for the value of minerals as well as land in the event of land acquisitions by the state. This legal fiction of an empty country was directly challenged by the Mabo case. Native title and the right to inheritance The native title is effectively the recognition at law of the right of Aborigines to inherit land from their families. The Meriam people refined gardens, fished, constructed buildings for government dealings and social events and also established and followed their own religion. Some feared that a future of open-ended land claims by Aboriginal people would limit the expansion of the exploration and mining industry, and that the new land rights legislated for Aboriginal people would lead to unsustainable legal and financial consequences When mining company employees began to explore the reasons for Aboriginal opposition to mining in the 1980s, they discovered that many Aboriginal groups were not opposed to mining itself, but were concerned about the racist and inequitable situation of the past being replicated and consolidated in new ventures. But I do not necessarily see a clash between the proposed legislative package and what the High Court may do in the Wik case or in any other case. Terra Nullius is expression that the British used to justify Brittan claiming and settling in a land that was previously occupied.


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Mabo case

impact of mabo decision

Frank Brennan ' Right Reasons for Aboriginal Land Rights ' p. Indigenous representatives meet Paul Keating in 1993 to discuss the Mabo decision. Mabo judgment, justice and Aboriginal rights The Mabo judgment is a very important step towards the achievement of justice in Australia. Why does the Mining Industry object to the Mabo ruling? Coral cays, reefs and exposed sandbanks are scattered throughout the Straits. Whereas gold mining had been largely artisanal with diggers pitching their tents in the anarchy of the early goldfields, a different scale of mining such as at Broken Hill starting in the 1880s and at Mt Isa from the 1920s, represented the beginnings of the corporate mining industry that is driving the mining boom today. Firstly and most commonly,the advanced technology make the people more lethargic.

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1301.0

impact of mabo decision

These allocations will be invested so as to accumulate a self-sustaining fund for land acquisition and management. He petitioned, campaigned, cajoled and questioned Terra Nullius for 18 years. It is a very relevant article to the time it was published only a few years after the end of the case so it has insight into the effect of the case and the consequences that followed when changing such a major piece of legislation. In the absence of an effective extinguishment by the crown, this title presents through inheritance the original occupants' right to possession of their traditional lands in accordance with their customs and lores. . British Columbia is a consolidation of some 133 separate claims of native title in respect of 58,000 square kilometres of land in the interior of the province of British Colombia.

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The Legacy of the Mabo Case: Indigenous land justice in Australia

impact of mabo decision

The practical effects of Mabo have, indeed, been mixed, judging by figures from the Koori Mail, a national indigenous-owned newspaper. It does this at a time when this is not inconsistent with any other person's rights, and it is therefore unnecessary. What seems unusual to my mind, given the High Court's decision in the Mabo case, is the decision to accord different status to pastoral leases and mineral leases in the terms of the settlement. The judgment was notable for the broad scope of the native title rights confirmed. Since Mabo, questions have also been raised about the validity of land and resource titles granted prior to 31 October 1975. The relevant date for the Murray Islands was 1879, when those islands were annexed to the colony of Queensland. According to international law, this implied that a territory was uninhabited.

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Mabo and Native Title

impact of mabo decision

See image 2 In the 18th century there were three legally recognised principles that governed the taking over of new land; conquest, treaty or occupation the terra nullius principle. The decision led to the passing of the Native Title Act 1993, providing the framework for all Australian Indigenous people to make claims of native title. Aboriginal people are able to rebuild connections with their spirituality, through the land. The Native Title Act 1993 is part of the Commonwealth Government's response to that historic High Court decision. The Mabo Decision of 1992 was an historical triumph for the Indigenous Australian people as many protesters fought for equal rights and freedom. It was during a stint as a gardener at the James Cook University at Townsville in Queensland, that his eyes were opened to the greatest injustice his people had ever been subjected to.


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Professor Michael Crommelin The Decision and the

impact of mabo decision

Despite this, Eddie Mabo became one of the key influential figures in the Aboriginal rights movement, as his strong will, determination, and intelligence allowed him to bring about change. We will have to wait and see how they are worked out. On 24 August 2015, became the first to visit Eddie Mabo's grave on Murray Island where he paid tribute to his legacy. Later in 1992, Mabo was posthumously awarded the Australian Human Rights Medal. Another Canadian example makes the point. Questioner — Thank you for so aptly addressing this topical subject.

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Mabo decision

impact of mabo decision

The Commonwealth proposal seems to suggest that regardless of whether pastoral leases do satisfy that criterion or not — that is, regardless of whether they do confer a right of exclusive possession on the holder of the pastoral lease — past and future grants of such pastoral leases will have the effect of extinguishing native title. This may be the most significant legacy of Eddie Mabo, and the best opportunity to deliver economic opportunity for Indigenous communities. At the time of writing there had been some clear developments in this area. It was this dramatic result, which contributed towards the establishment of the Native Title. If, by law, the Crown was the absolute owner of all land, there was simply no possibility of recognising any other type of landholding, including that of Eddie Mabo.

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