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Different types of land rights laws exist in Australia, allowing for the renewed ownership of land to Indigenous Australians under various conditions. Land rights schemes are in place in the Northern Territory, Queensland (including the Torres Strait Islands), New South Wales, South Australia, Victoria and Tasmania. [5]
The New Zealand Parliament responded with the Native Lands Act 1862, the Native Rights Act 1865 and the Native Lands Act 1865 which established the Native Land Court (today the Māori Land Court) to hear aboriginal title claims, and—if proven—convert them into freehold interests that could be sold to Pākehā (New Zealanders of European ...
Aboriginal title, also known as native title (Australia), customary title (New Zealand), original Indian title (US), is the common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty. Indigenous peoples may also have certain rights on Crown land in many jurisdictions.
Today, Indigenous sovereignty generally relates to "inherent rights deriving from spiritual and historical connections to land". [1] Indigenous studies academic Aileen Moreton-Robinson has written that the first owners of the land were ancestral beings of Aboriginal peoples, and "since spiritual belief is completely integrated into human daily activity, the powers that guide and direct the ...
National Native Title Tribunal definition: [3] [Native title is] the communal, group or individual rights and interests of Aboriginal people and Torres Strait Islander people in relation to land and waters, possessed under traditional law and custom, by which those people have a connection with an area which is recognised under Australian law (s 223 NTA).
In the controversial 1971 Gove land rights case, Justice Blackburn ruled that Australia had been terra nullius before British settlement, and that no concept of native title existed in Australian law. Following the 1973 Woodward commission, in 1975 the federal government under Gough Whitlam drafted the
The Aboriginal Land Rights Act 1983 introduced land rights for Aboriginal people in New South Wales, [10] allowing the Aboriginal Land Councils constituted under the Act to claim land as compensation for historic dispossession of land and to support the social and economic development of Aboriginal communities. [11]
Milirrpum v Nabalco Pty Ltd, also known as the Gove land rights case because its subject was land known as the Gove Peninsula in the Northern Territory, was the first litigation on native title in Australia, and the first significant legal case for Aboriginal land rights in Australia, decided on 27 April 1971.