TERRA NULLIUS OBSTACLE IN ORDER TO ACHIEVE NATIVE TITLE: Terra Nullius which is referred as “land belonging to no one” was an obstacle in order to achieve Native Title which is the right to land by the original inhabitants, as the Indigenous people had to prove that they were traditional owners of the land with an ongoing connection to it in order to claim native title, which was difficult as they had been forced off their land almost 200 years before. In order to achieve the native title, it had
On the 6th of June 1992 The high court of Australia made the decision to overturn the doctrine of Terra Nullius, Mabo v Queensland (No2) (1992) 175 CRL 1, this decision caused a very significant impact on Australia’s Law and legal History. It was the first time since British settlement in 1770 that native title was recognised in Australia for Indigenous Australians. Native title refers to land title rights indigenous Australians have with land that has cultural significance to them. The decision
has now been viewed as wrong. He claimed that the land was Terra Nullius or ‘no man’s land’ empty and void of people. Lieutenant James Cook left Plymouth 25th August, 1768 in search
the name of Captain James Cook. Part 2: Cook’s first voyage had two objectives. What objectives and were they fulfilled? The first of the two objectives was to observe the transit of Venus, and the second was to find evidence of the existence of Terra Australis Incognita, the name given to the land on which Australia occupies nowadays, before it was colonised. The viewing of the transit of Venus was to be recorded in four stages. The first of which was when Venus' figure made contact with the figure
Earthworms are important components within ecosystem functionality and play a vital role in soil nutrition and fertility. (Edwards 2004). A prominent characteristic of earthworms is their ability to respire through diffusion of their skin (Bharambe et al 2008). As a direct result of this, earthworms are typically found in moist soils. (Roots 1956). The moist soil is vital in creating the ideal conditions for earthworms to maintain the hydrostatic pressure needed to respire (Laverack, 1963). Although
This act of the British colony has continued under the doctrine of terra nullius, which states that the land in Australia belonged to no one, prior to 1788 . In 1537, Pope Paul III made a statement regarding freedom and land rights. In his declaration Sublimus Dei, he wrote; “Indians and all other people who may later be
years to legally reject Terra Nullius, albeit under certain conditions” (Lambert 2012. pg15). Lambert explains the stages before and after the Proclamation 1835 formed also noting a statement by Joseph Bank “Sir Joseph Banks’ prediction that no Aborigines would be found in the interior of the continent, because they only lived on fish and shellfish, but rather a few nomadic peoples along the coast line, may have influenced the British government’s decision to declare Terra Nullius” (Lambert 2012. pg15)
The term ‘Mabo’’, as described in media reports refers to all the issues concerning the Australian High Court Judgment in the Mabo against Queensland Case. The Mabo decision was named after Eddie Mabo, a Torres Strait islander who regarded the Australian Law on land ownership wrong and challenged the Australian legal system. Eddie Mabo was born on the 29th of June 1936 on Murray Island. Murray Island is between mainland Australia and Papua New Guinea. In his early days of childhood, at the age of
The Doctrine of terra nullius is “land that is uninhibited” or “land that belongs to no-one” was used in association with the original British Settlers. When the British settlers arrived, a lot of issues had risen as they ignored the indigenous Australians and regarded them as “not human” who owned land even though they had practiced traditions and customs for hundreds and thousands of years. The British treated Australia as terra Nullius. However due to the doctrine of Terra Nullius it states that
self-determination. It is hard to understand the housing disadvantages faced by Aboriginal and Torres Strait Islander people if their history is not known. In 1788 when the European settlers “colonised” Australia, the Australian land was known as “terra nullius” which means “land belonging to no-one”. This decision set the stage for the problems and disadvantages faced by the Aboriginal and Torres Strait Islander people for 216 years. The protection policy was meant to disperse tribes and force
Therefore the land that is heritage for them, is set in their family name now, rather than being owned by the government. 10 How do you think this case changed the landscape of the Australian legal system? (2 marks) The High Court’s rejection of terra nullius, and recognition of native title, has now developed the protection of property interests. It has generated intense political debate and vast amounts of academic writing. Media attention was enormous at the time and the case still creates lively
Under the Native Title Act 1993 Aboriginal people can only claim title to vacant government owned land. They must prove a continuous relationship with this land when making a claim. The process it takes to gain native title is viewed by many as extreme. Should the process in Australia to Native Title claims be streamlined to allow Indigenous Australians the right to use of the land in a timelier manner? Native Title Act 1993 (Cth) The laws regarding native title have continually been questioned
It is the ‘mother’ from which they used to source food and live (Kauffman, 1998, p.1). Before the settlers arrived in 1788, Australia was known as Terra Nullius meaning a land, as such, belonging to no one (Lindqvist, 2007, p.3). The Indigenous people of Australia were exiled from their own country as the English deemed Australia a place without inhabitants as they did not see the Aboriginals as a civilised
were established on principles of descendants, kinship and marriage (Dodds, 1998). However, despite this, the British colonisation of Australia in 1788 brought about change when the land was declared Terra Nullius (Short, 2007). Short (2007) stated that as a result of Australia being declared Terra Nullius, Indigenous Australians had no legitimate claim to their land. Hence, British colonisers dispossessing Indigenous Australians of their land rights as the customs established by Aboriginal and Torres
the lifestyle of Aboriginal people and they did not realise the deep connection that Aboriginal people had to the land. The non-indigenous started to use the land in their own way because Australia was seen as unused and this led to a concept of Terra Nullius (land belong to no one or land that no one owned). The new settlement of whites had devastating impact on indigenous people. Vast number of aboriginal people died after involvement in devastating conflicts with modern settlers and the exposure
As hunter-gatherers, the land use of indigenous people was different from the European way of land use. The British colonisers used this as pretence in taking the land of indigenous people calling it terra nullius. As mighty was right in colonialism, the British settlers used this ideological discourse and genocide to extinguish all indigenous rights to land and other resources. These actions involved multiple deliberate killings and a series of genocidal
centuries ago, Australia came under British rule. Possession of the land was justified under the astonishing legal fiction of "Terra Nullius" - the notion that Australia was effectively unoccupied before British colonization. The lack of indigenous systems of land ownership (in the European tradition of private land ownership) was used to give credence the idea of Terra Nullius, this itself gives insight to the relationship that maybe forecast from this predicament. The basic idea was that it was
This claim was based on the concept of terra nullius, or land belonging to no one, whereby Britain assumed that Australia was not settled, and Aboriginal people did not have any form of political organisation and therefore had no authority to sign treaties. According to British law, Australia’s Indigenous
Describe the various Aboriginal protest movements through the twentieth century and evaluate their success Prior to and during the mid-twentieth century, Indigenous Australians were politically disadvantaged and subjected to inhumane treatment such as the Stolen Generation, and having little to no political, civil and labour rights. However, as Indigenous Australians began to participate in movements which advocate for their rights and freedom, inequality diminished. Aboriginal protest movements
travel restrictions were enforced upon them, the Aboriginal mothers did not receive the baby-bonus and the Indigenous Australian community were not counted in the census as Australian citizens. And until 1992, land laws claimed that Australia was terra nullius or land belonging to no one - effectively, these laws refused to acknowledge that Indigenous peoples had prior occupation and connection to the land. The legal and moral recognition of ownership of the lands and waters was an ongoing struggle,