Mabo Essay

1530 Words4 Pages

INTRODUCTION

The case of Mabo and Others v Queensland (No.2) sparked an outcome on the people of Australia that presented many legal and political issues regarding land rights in Australia. The ruling of the Mabo case, known as the Mabo decision impacted many different Indigenous and non-Indigenous Australian through their individual lawful rights, industry work and personal emotions. However, its sole significance sheds light on the extent of recognition and protection of Aboriginal people rights and interest in land through the Mabo decision and Native Title Act 1993.

MABO

It all began in 1974 when Torres Strait Islander Eddie Koiki Mabo discovered that Murry Island, a land he previously grew up on, was not under his ownership. Seven …show more content…

Numerous legislators and reporters declared that non-Indigenous Australians would be subject to relinquishing their legal ownership of land. However, the ruling states that claims by Torres Strait Islanders or Aboriginals can only be towards land that is vacant, national parks and certain leased lands. Many industry groups, such as mining, were unsatisfied with the Mabo decision as it forced them to expend more time and money to obtain leases on land they intend to commence work on. Possibility of their application being rejected was also a factor in …show more content…

The court found that the statutory pastoral leases under thought by the court did not concede rights of select ownership on the leaseholder. Therefore, native title rights could coincide contingent upon the terms and nature of the particular pastoral lease. The pastoral lease would extinguish the remaining native title rights if there were to be a conflict of rights. The decision incited a critical verbal confrontation in Australian politics. It prompted extreme discussions on the legitimacy of land property in Australia. Some political leaders condemned the court for being out of touch and for bringing doubt into Australian life. The Howard Government formulated a “10 point plan’ to bring assurance to land ownership in

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