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Property-Native Title

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Mabo [No. 2] is a major decision of the High Court that recognized that the Meriam people hold rights to their land under their own system of law.

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5 Pages Partial Study Notes > 2 Years old
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Property-Native Title
Topics this document covers:
Technology Law Social Issues Entertainment Common law Law of Australia Wik Peoples v Queensland Extinguishment Native Title Amendment Act Australian property law Native Title Act British Empire Aboriginal title Native title legislation in Australia South African law
This is a Partial Set of Study Notes

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Topics this document covers:
Technology Law Social Issues Entertainment Common law Law of Australia Wik Peoples v Queensland Extinguishment Native Title Amendment Act Australian property law Native Title Act British Empire Aboriginal title Native title legislation in Australia South African law
Sample Text:
2] is a major decision of the High Court that recognized that the Meriam people hold rights to their land under their own system of law. However, the repercussions of that recognition have done little to change the colonial atmosphere in Australia. Lobbyists against the recognition of native title have tightened their grip to minimize the effects of the decision. Up until this decision the common law in Australia accepted the presumption that the land being annexed was uninhibited or terra nullius. The law did not recognize the native people had their own laws, but instead relied upon terra nullius to justify the claiming of the territory by settlement rather than conquest. During the hearings for Mabo the Queensland state gov’t enacted legislation that stated the land belonged to the Crown, regardless of any court’s recognition of native title: an ...
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