The High Court's decision in the Mabo v. Queensland (No.2) case was a landmark ruling that had a profound impact on land rights in Australia. Delivered on June 3, 1992, the decision recognized the concept of native title in Australian common law, overturning the doctrine of terra nullius, which had previously claimed that Australia was a land without owners prior to British colonization.
Key impacts of the decision include:
Recognition of Native Title: The ruling acknowledged that Aboriginal and Torres Strait Islander peoples have traditional rights to their land, leading to the recognition of native title for Indigenous Australians across the country (source).
Introduction of the Native Title Act: Following the decision, the Native Title Act 1993 was enacted, providing a legal framework for Indigenous Australians to claim land and compensation based on their continued connection to land (source).
Revising Australia's Historical Narrative: The decision fundamentally reworked Australia's narrative regarding its history, acknowledging the existence of Aboriginal law and customs prior to British colonization (source).
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CHAPTER 2 - Literature Review 2.1. Introduction This chapter undertakes a review of literature to
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