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Land Rights, Native Title and the Policy Debate

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ariarn hurley

on 25 September 2013

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Transcript of Land Rights, Native Title and the Policy Debate

Mabo Case
Wik Case
Land Rights, Native Title and the Policy Debate
Land is a central component of Indigenous identity. Discuss the traditional and historical linkages to land and how this applies to native title and land rights.
Definition of Key Terms
Activity Time
Form a yarning circle. Don't forget to bring your drawing!
Native Title: Principal of common law, recognising Indigenous peoples rights to ownership of land.

Land Rights: A means of compensation to Indigenous people. Providing a legal avenue to obtain land.
June 1992, Eddie Mabo from the Murray Islands in the Torres Strait.
Recognition of Aboriginal land ownership rights under common law.
Prior to this judgement the British maintained Aboriginals to be primitive and uncivilized.
30th June 1993 Thayorre and Wik people lay claim to lands on the Cape York Peninsula, Queensland.
Claim included lands allocated as pastoral leases.
Justice Drummond of the High Court ruled that Native Title Claims do not supersede pastoral leases BUT can co-habitate if the pastralist does not object.
Whitlam returned the land at Watty Creek to Vincent Lingiari on the 16th of August 1974.
October 1975 Whitlam Government introduced the Aboriginal Land (Northern Teritory) Bill to parliament.
"I want to give back to you formally in Aboriginal and Australian law this land of your Fathers."
Comparative Land Mass
Full transcript