The Forum > General Discussion > Terra Nullius
Terra Nullius
- Pages:
-
- 1
- Page 2
- 3
- 4
- 5
- ...
- 19
- 20
- 21
-
- All
The National Forum | Donate | Your Account | On Line Opinion | Forum | Blogs | Polling | About |
Syndicate RSS/XML |
|
About Us :: Search :: Discuss :: Feedback :: Legals :: Privacy |
http://www.nfsa.gov.au/digitallearning/mabo/info/defining/Nt.htm
"The High Court determined that Indigenous Peoples should be
treated equally before the law with regard to their rights
over land. The Court rejected any position in law that would
discriminate against Indigenous Peoples by denying the
existence rights that had been enjoyed freely prior to
colonisation and continued to be exercised. In this way, it has
been said that the myth of terra nullius, which asserted that
the land belonged to no-one, was rejected."
"The idea that no rights existed in land except those granted by
the "Crown" or the sovereign governments, was also re-assessed.
It was an important aspect of the decision to recognise that
native title predates the assertion of sovereignty by the
British."
"It is not a grant from the Crown like other titles under
Australian law. Native Title is unique in the sense, when
compared with other interest in law. It is inherent to
Indigenous Peoples by virtue of their status as First Peoples
and the first owners of the land. Native Title does not
depend on government for its existence, but it did require
recognition through common law in order to be enforceable
in the Australian legal system."