[ aug 2004 ]
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"The legal doctrine of Terra Nullius meant empty land and this was the starting point in land law in the early days of the colony and it remained that way until many years later with the Mabo case regarding the Torres Strait Islands in 1992. It involved a claim to land be Eddie Mabo, a Murray Island man from the Torres Strait. This decision became known as Mabo and the decision of the High Court finally lead to an overturning of the doctrine of Terra Nullius with recognition given to a prior and ongoing right of Aboriginal people."Pastoralists and other landholders held their land under leases were very concerned that Native Title claimants could successfully place claims on their land. A further case was heard in the High Court to attempt to clarify this situation. This case was known as the Wik case in which the court decided that both Native Title and pastoral leases could exist side by side, but basically that the pastoral lease was stronger than Native Title in the event of a dispute. There have been ongoing political and legal challenges to the Native Title Act. The Howard Government’s 10 point plan was seen by Indigenous people to weaken the native Title Act even further especially with the 'right to negotiate' replaced by a 'right to consult.'"
abc