18.7.5
Native Title Law and Aboriginal and Torres Strait
Islander Peoples
Mabo Day occurs during Reconciliation Week and is celebrated as an official holiday by Torres Strait Islanders. It commemorates the High Court decision handed down on 3 June 1992, which overturned the notion of terra nullius and recognised the rights of Aboriginal and Torres Strait Islander Peoples of Australia to their land and waters, and led to the passing of the Native Title Act 1993 . The decision marked the end of a ten-year struggle by Eddie Mabo and the Meriam people in the Torres Strait over the right to their land. Following the decision in the Mabo case, the Commonwealth Parliament passed the Native Title Act in 1993, codifying (see section 18.5.3) the decision and creating the process settling and protecting native title claims. A native title claim can be made where Aboriginal and Torres Strait Islander Australians can demonstrate a continuing connection to the land. This connection is much easier to establish to the land before European colonisation; however, issues arise where people were dispossessed and forced off their lands. Native title cannot be claimed where other valid rights exist, such as home ownership,
FIGURE6 Eddie Mabo successfully challenged the concept of Terra nullius in the High Court and paved the way for subsequent claims under the Native Title Act 1993 .
or where free access is required, such as marine access. It has been found to exist on vacant Crown land such as parks, public reserves, or where the Commonwealth has granted pastoral or mining leases. Approximately 50 per cent of Australia is covered by native title; of this, Aboriginal and Torres Strait Islander communities have exclusive possession of around 34 per cent, with the rest shared, such as land subject to pastoral or mining leases. Use the Creative Spirits weblink to learn more about native title and land rights. 18.7 SkillBuilder activity PARTICIPATING IN CIVIC PROCESSES Work with a partner to investigate one of the circle sentencing courts. 1. Explain why the court was established. 2. Explain how the court works and the types of cases it sentences. 3. Identify one case that has been resolved by a circle sentencing court, make a summary of the facts of the case and the judgement made by the court.
TOPIC18 Laws and citizens 553
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