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Native Title

By Native Title

  • Milirrpum v Nabalco

    Milirrpum v Nabalco
    Milirrpum v Nabalco Pty Ltd (1971) is also know as the Gove Land case Aboriginal inhabitants of the Gove Peninsula in Arnhem Land sought to restrain bauxite mining on their traditional lands without their consent
    • Part of the issue depended upon whether the interest that the Aboriginal clan had with the land could be described as “proprietary” in character Image: MaboNativeTitle.com

  • Mabo

    Mabo
    Mabo v Queensland (No 2) (1992)
    Mabo's 20th anniversary Prior to Mabo v Queensland (1988) 166 CLR 186 (Mabo (No 1): Aboriginal land rights were generally regarded as non-proprietary in nature because the relationship which the Aboriginal people had with the land did not clearly fit within the established English definition of “common law property” Image: Eddie Koiki Mabo in Townsville, 1991. Photograph by Bethyl Mabo, AIA

  • Wik v Queensland

    Wik v Queensland
    Wik v Queensland (1996) Following the conclusions of the High Court in Mabo (No 2) àassumed that all common law estates issued by the Crown would extinguish native title
    • This meant that native title could only arise in areas not already subject to such a grant Image: Wik v Queensland via Youtube