*dont_tempt_me*
New Member
hhhhhhhhhheeeeeeeeeeeellllllllllllppppppppppppp i need to write an essay on the mabo case, including native title, the wik case e.t.c, any info out there would be appreciated greatly
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The mabo case (1 Viewer)
- Thread starter *dont_tempt_me*
- Start date
quincymcgee
New Member
- Joined
- Mar 25, 2004
- Messages
- 14
Check out the legal prelim area...
snapperhead
Has decided to retire
go to the HSC online site (http://hsc.csu.edu.au) and check out the Ab. Studies section.
The NLA has his papers but I dont know if they are still online to view (http://www.nla.gov.au/ms/findaids/8822.html)
Trinity College from W.A has a great collection of links as well (http://library.trinity.wa.edu.au/aborigines/mabo.htm)
Hope this helps.
Post up any others you find in this thread to help others out.
SH
The NLA has his papers but I dont know if they are still online to view (http://www.nla.gov.au/ms/findaids/8822.html)
Trinity College from W.A has a great collection of links as well (http://library.trinity.wa.edu.au/aborigines/mabo.htm)
Hope this helps.
Post up any others you find in this thread to help others out.
SH
santaslayer
Active Member
Native Title Act 1993 (Cth) was implemented in response to the Mabo Case where the notion of Terra Nullius was found to be wrong, and thus, overturned.
Mabo case was NOT about Aboriginals but Torres Strait Islanders who were trying to claim back native title. The basic difference between Aboriginals and Torres Strait Islanders (TSI) is that TSI occupied land and was passed down from generation to generation. Restrictions included the necessary proof of ownership and that land could only be claimed if it was owned by the Crown. (crownland and not leaseland)
The Wik Decision, a separate case, decided that the land could be shared (or coexist) by both a mining company and the Wik people even though it was lease land.
The Native Title Amendment Act was then legislated in respinse to the Wik Decision, providing restrictions on the grounds of claiming land. (similar to the 20 allowable matters clause in the Workplace Relations Act 1996 (Cth).
My memory of this is very vauge, i hope it didn't confuse you more
Mabo case was NOT about Aboriginals but Torres Strait Islanders who were trying to claim back native title. The basic difference between Aboriginals and Torres Strait Islanders (TSI) is that TSI occupied land and was passed down from generation to generation. Restrictions included the necessary proof of ownership and that land could only be claimed if it was owned by the Crown. (crownland and not leaseland)
The Wik Decision, a separate case, decided that the land could be shared (or coexist) by both a mining company and the Wik people even though it was lease land.
The Native Title Amendment Act was then legislated in respinse to the Wik Decision, providing restrictions on the grounds of claiming land. (similar to the 20 allowable matters clause in the Workplace Relations Act 1996 (Cth).
My memory of this is very vauge, i hope it didn't confuse you more
snapperhead
Has decided to retire
I didnt want to get that detailed.....s/he has to do some work !!
If mentioning WIk, dont forget to mention Howards 10 point plan in there.
Might also pay to find an example of a "modern" land claim to use... I think (going to badly word this as Im a little hazy) the fishing rights/use of water claim is going to be the next "big" claim to go thru. You can get details of claims from the Koorie Mail.
Funny how the major Land Rights victories havenot been by Aboriginal people but TSI............
Must stop being so cynical.
LOL
If mentioning WIk, dont forget to mention Howards 10 point plan in there.
Might also pay to find an example of a "modern" land claim to use... I think (going to badly word this as Im a little hazy) the fishing rights/use of water claim is going to be the next "big" claim to go thru. You can get details of claims from the Koorie Mail.
Funny how the major Land Rights victories havenot been by Aboriginal people but TSI............
Must stop being so cynical.
LOL
santaslayer
Active Member
LoLz...sorries...
...just got a bit overboard.ahahahahe/she won't get what im saying anyway if they didnt study ..
snapperhead
Has decided to retire
LOl- that's alright. I do it all the time. Just look at 99% of my posts in SOR!!