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Question: Land Law Formative Assessment

The Native Title Act 1993 has failed to achieve its aims. Discuss.

[26.11.18]

Answer: In the 1992 Mabo v Queensland decision, the High Court recognised that the Meriam People of the Torres Strait held native title over part of their traditional lands. This decision paved the way for Aboriginal and Torres Strait Islander people to have their native title recognised under Australian law. It got rid of the old idea that Australia was ‘terra nullius’ (land belonging to no one). The landmark decision led to the recognition and protection of native title across Australia through the introduction of the Native Title Act by the Australian Parliament after one of the longest and most contested debates in the nation’s legislative history.
Under section 223 of the Act, Native title is defined as the recognition in Australian law that some Indigenous people continue to hold rights to their land and waters, which come from their traditional laws and customs. The purpose of the...(short extract)

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  • Subject: Law
  • Course: Land Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 905
  • Date submitted: April 03, 2019
  • Date written: November, 2018
  • References: No
  • Document type: Essay*
  • Essay ID: 8634

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