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In acknowledging the traditional rights of the Meriam people to their land, the court also held that native title existed for all Indigenous people. We provide leadership in ethics and protocols for research related to Aboriginal and Torres Strait Islander peoples and collections. For terms and use, please refer to our Terms and Conditions The second empire is defined by P. J. Marshall as the British Empire of the late eighteenth century, which ceased to consist primarily of communities of free settlers of British origin and became an empire of peoples who were not British in origin and who had been incorporated into the empire by conquest and who were ruled without representation (Marshall, 2001 cited by Hussain, 2003 Hussain, N. 2003. [2], The Prime Minister Paul Keating during his Redfern speech praised the decision, saying saying it "establishes a fundamental truth, and lays the basis for justice". The old saying holds that history is written by the winners. For more information, please visit our Permissions help page. Join us on Noongar boodja for the Summit 2023, co-convened with South West Aboriginal Land and Sea Council. The Australian Institute of Aboriginal and Torres Strait Islander Studies. owned by no one) at the time of British settlement, and recognised that Indigenous rights to land existed by virtue of traditional customs and laws and these rights had not been wholly lost upon colonisation. Accordingly, I take Brennan, J. 0000004943 00000 n 'Land Bilong Islanders',courtesy of Trevor Graham, Yarra Bank Films. See ya."'. By closing this message, you are consenting to our use of cookies. Per Deane J. and Gaudron J. at 55, 56. Aboriginal Land (Lake Condah and Framlingham Forest) Act, 1987, Aboriginal Land Rights Act (Northern Territory), 1976, Aboriginal & Torres Strait Islander Heritage Protection Act, AMEC (Assoc' of Mining & Exploration Co's), ATSIC Aboriginal and Torres Strait Islander Commission, Australian Aboriginal Progressive Association, Department of Aboriginal & Islander Affairs (DAIA), FCAATSI Federal Council For Aboriginal Advancement, Ganalanja Corp v Queensland and Ors (1996), Hamlet of Baker Lake v Minister for Indian Affairs (1979), Miriuwung Gajerrong Peoples v Western Australia (1998), Oneida Indian Nation v County of Oneida (1974), Queensland Coast Islands Declaratory Act , 1985, Southern Rhodesia, Amodu Tijani V Secretary, 1921, Te Weehi v Regional Fisheries Office (1986), Teddy Biljabu and Ors v Western Australia (1995), The Administration of Papua v Daera Guba 1972-3, The Land Titles and Traditional Usages Act, Walley v State of Western Australia (1996), This is an NFSA Digital Learning resource. Paradoxically, the Wik decision evoked a much more swift and hostile reaction . All that remains of Henry Lane's shack at Pudman, built around 1880. "Do not use justice for blacks as excuse to destroy this nation," says Bob Woodson. per Brennan J (Mason and McHugh agreeing), at paras. On the assumption that Aboriginal and Torres Strait Islander peoples had no concept of land ownership before the arrival of British colonisers in 1788 (terra nullius). Mabo v Queensland (No 1) - Wikipedia This recognition required the overruling of the common law doctrine of terra nullius. The High Court decision in theMabo v. Queensland (No.2)altered the foundation of land law in Australia and the following year theNative Title Act 1993 (Cth), was passed through the Australian Parliament.