Description
This article is from the soc.culture.australian FAQ, by Stephen Wales
with numerous contributions by others.
8.6 Mabo
The High Court, in the "Mabo" decision, eliminated the previous terra
nullius principle of land ownership in Australia, and stated that
there was a Common Law ownership by the indigenous people, unless that
title had been extinguished by a valid Act of the imperial. colonial,
state, commonwealth or territorial parliaments. They also said that
common law ownership depended on a demonstrated continues link between
the people and that land. [JB]
Native title is NOT freehold title, for instance, the land cannot be
sold, but according to commonwealth law, can be converted into
freehold title if the owners so desire. [Scot]
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