Why Terra Nullius Was An Obstacle For Achieving Native Title

1. Explain why terra nullius was an obstacle in achieving native title. The doctrine of Terra Nullius is an expression meaning ‘land belonging to no one’. It is used in international law to describe a territory or state which has never been subject to the sovereignty of any state. Despite the criteria needed for the term ‘Terra Nullius’ to be withstanding, the Europeans still claimed Australia as ‘empty land’, as they could not see any signs of ownership. Therefore, Terra Nullius became an obstacle in achieving Native Title as for the Aboriginals to prove that that they were the traditional owners of the land, they needed proof that they had maintained an ongoing spiritual and cultural connection with it. 2. Examine the roles of the†¦show more content†¦These were, that Aboriginal and Torres Strait Islander people had no concept of land ownership before the arrival of the British and that sovereignty delivered complete ownership from the new Colony to the Crown, abolishing any rights that previously existed (traditional title). Decision and Impact: In this case, the High Court recognised the existence of native title for a group of Murray Islanders in the Torres Strait. The High Court also established guidelines for future claims of native title. These guidelines included the provision of compensation where the native title rights were taken back by the federal government. As a result of the Mabo decision, the federal government enacted the Native Title Act 1993 (Cth) which overturned the Doctrine of Terra Nullius and acted as a precedent for other cases. Case: The Wik People v The state of Queensland and Ors (1996) 141 ALR 129 (The Wik Case) Issue: The Wik and Thayorre people opposed the notion that once a lease had been granted in Crown land that Native Title rights were made void. They launched the case to claim Native Title rights to their traditional lands that were now subject pastoral leases. Decision and Impact: The Court found that the co-existence of pastoral leases and Native Title was possible however, in matters of conflict, the