Native title in Queensland twenty-five years post Mabo
Davies, Chris (2017) Native title in Queensland twenty-five years post Mabo. James Cook University Law Review, 23. pp. 103-112.
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Abstract
The Mabo decision was undoubtedly one of the most significant in Australian legal history, removing the fiction that the land had been settled as terra nullius. Subsequent cases established principles such as whether pastoral leases extinguished native title. An examination of the 2017 Federal Court native tile cases highlighted that what was often the issue was whether the claimants could prove continuity with their tradional laws and customs. The High Court case of Yorta Yorta had established the relevant principles and this is the case that is now most likely to be cited. The succesful claims have recognised right such as hunting, carrying out ceremonies and maintaining sacred sites.
Item ID: | 52591 |
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Item Type: | Article (Research - C1) |
ISSN: | 1321-1072 |
Keywords: | native title |
Date Deposited: | 04 Apr 2018 04:44 |
FoR Codes: | 45 INDIGENOUS STUDIES > 4505 Aboriginal and Torres Strait Islander peoples, society and community > 450514 Aboriginal and Torres Strait Islander legislation @ 100% |
SEO Codes: | 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified @ 100% |
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