History - Concept of Terra Nullius

CONCEPT OF TERRA NULLIUS

'Land belonging to no one'

History of Terra Nullius

'Terra Nullius' in Latin, means 'land belonging to no one'. When Captain Cook sailed into Botany Bay on April 28th 1770, he declared Australia to be 'Terra Nullius'. He did this so he could claim Australia, for Britain. He ignored the fact the Aborigines already lived there. The proclamation, and everyone else, ignored them, claiming it Terra Nullius.

The Concept of Terra Nullius

The concept of Terra Nullius became a big issue in Australian politics in 1992. During an Aboriginal rights case known as 'MABO', the High Court of Australia issued a judgement which overturned 'Terra Nullius'. The court found a concept of native title in common law, that the source of native title was the traditional connection or occupation of the land, and that the nature and content of the native title was figured out by the person and the connection.

In 1996, the High Court returned to the subject of native title. In the 'Wik Decision', it stated that the native title and pastoral leases can co-exist over the same area and that native peoples can use the land for hunting and sacred purposes, without having rights and ownership. 'Mabo' has reclaimed portions of the land to the Aboriginal peoples, that was claimed 'Terra Nullius'. 40% of the land is now re-owned by Aboriginal people.

The effect of Terra Nullius on Aboriginals

The European settlement had a major impact on the Aboriginal people. The taking away of their land, exposure to many new diseases and involvement of many different conflicts resulted in the death of the majority of the Aboriginals. Those who did not die, were still affected by the Europeans. At the time of Captain Cook's arrival, he recorded that there were 750 000 Aboriginal people living there and about 600 different tribes, all affected. Malnourishment was also a major killer for the Aboriginal people. As they had no access to clean water and nutritious food, they caught diseases, and later died. A lot of the Aboriginal people tried fighting for their land, which resulted in battles, massacres and other conflicts. Some battles were the 1834 battle of Pinjarra in Western Australia, the 1838 Myall Creek Massacre in New South Wales and the 1843 Warrigal creek massacre, which was in Victoria. The impact that the European settlement had on the surviving Aboriginal people was huge. Europeans believed in dieing out the 'black race', therefore putting the Aboriginals in government care so they could 'die in peace'.

The Invention of Terra Nullius - Michael

Connor

'The invention of Terra Nullius' is a book written by Michael Connor about what he believes happened with Terra Nullius and the Aboriginal people. He believes that Terra Nullius is a mythical notion and this word was never used in the eighteenth and nineteenth centuries, and people only began using it in the Australian political and legal debate in the 1970's.

BIBLIOGRAPHY

The invention of Terra Nullius 2005, Macleay Press, New South Wales, accessed 05 March 2013, <http://www.macleaypress.com/index.php?page=shop.product_details&flypage=vmj_genx_img1.tpl&product_id=1&category_id=1&option=com_virtuemart&Itemid=1&vmcchk=1&Itemid=1>.

Impact of European Settlement on Indigenous People 2013, Red Apple Education, accessed 24 February 2013, <http://www.skwirk.com.au/p-c_s-56_u-426_t-1075_c-4149/WA/10/Impact-of-European-settlement-on-Indigenous-people/_tb-v>

Terra Nullius 23 February 2013, Wikimedia, accessed 24 February 2013, <http://en.wikipedia.org/wiki/Terra_nullius>

The meaning of Terra Nullius 2012, Lorikeets, accessed 24 February 2013, <http://atsiphj.com.au/index.php?option=com_content&view=article&id=888:the-meaning-of-terra-nullius&catid=283:native-title-issues&Itemid=63>