Declaratory Act Essay

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On the 3rd of june, 1992, ten years after the land act fight , the High Court ruled by a six-to-one majority that the Meriam people held native title over Murray Island. The decision ended terra nullius an old english word used to describe a land that belonged to no other , and the introduction of the Native Title Act was formed (National native title tribunal,2017). Legal proceedings for the case began on 20 May 1982, when a group of Meriam men, Eddie Koiki Mabo, Reverend David Passi, Celuia Mapoo Salee, Sam Passi and James Rice, brought an action against the State of Queensland and the Commonwealth of Australia, in the High Court, claiming 'native title' to the Murray Islands (AIATSIS,2017). The Chief Justice, Sir Harry Gibbs sent…show more content…
To establish a mechanism for determining claims to native title. To provide for, or permit, the validation of past acts, and intermediate period acts, invalidated because of the existence of native title. The native title act inspired by the mambo case enabled and encouraged the aboriginal people in the past, present and future to stand up for their culture, community and land. The mambo case allows me to understand the fight the aboriginal people fought for. In recognising that Indigenous peoples in Australia had prior rights to land, the Court held that these rights, where they exist today, will have the protection of the Australian law until those rights are legally extinguished (HUMAN RIGHTS COUNCIL OF AUSTRALIA,2017). On June 30th 1993, the wiki people had made a claim for native title in the federal court of Australia for land on the cape your peninsula in Queensland, Native title however if not pass through the parliament till December 1993.(Federal judicial scholarship,2012)(HUMAN RIGHTS COUNCIL OF AUSTRALIA,2017). Native title is 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 (AIATSIS,2017). For the native title act to become seen as a law there where particular rules that must stay intact. This peoples right and interests to be possessed and recognised under the traditional laws currently acknowledged
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