The Land Rights Movement

HOMEWORK Answer Question 7 page 257 (as 5 mark question) Read pages 254-256 Answer Question 7 page 257 (as 5 mark question) to hand in to Mrs M

Glossary Integration Land rights Native Title Self-determination

Aboriginal activism isn’t new ! 1888 Centenary celebrations boycotted 1938 Day of Mourning (150 years White Settlement) 1963 Bark Petition of Yirrikala People 1965 Freedom rides 1966 Wave Hill Strike (Gurindji people) Land rights to part of station

NO SUCCESSFUL LAND RIGHTS CLAIMS 1970 Ceremony of Mourning @ Kurnell Bi-centenary of White discovery – Captain Cook 1770 1972 Aboriginal Tent Embassy Aboriginal Flag designed NO SUCCESSFUL LAND RIGHTS CLAIMS UNTIL MABO

MABO 1992 Where ? Murray Islands + Merriam people in Torres Strait Terra Nullius “land belonging to no one” rejected Native Title exists in principle Native Title continues if not extinguished by other legislation Indigenous peoples have to show that they have continued to observe custom and ritual

LAND OWNERSHIP IN AUSTRALIA Freehold: Torrens Title Company Title (units + flats) Strata Title (units and flats) Crown land: Government owned/managed by the government Pastoral leases: for large cattle stations and farming properties. Land is “leased” from the Government for many years, 99 years, property may have been run by family for generations Native title: Indigenous peoples ownership of traditional lands Must shown unbroken connection with the land New !

Legislation to recognise the Mabo Decision: NATIVE TITLE ACT 1993 Legislation to recognise the Mabo Decision: NATIVE TITLE EXISTS

Native Title + Pastoral Leases WIK 1996 Who ? The Wik people in Cape York Peninsula (Northern Qld) Native Title + Pastoral Leases CO-EXIST

NATIVE TITLE AMENDMENT ACT 1998 John Howard’s 10 point plan Aim: to get the Wik ruling operational Impact Drastically reduced the negotiating rights of Indigenous people States and territories to manage native title in their boundaries

Overview Native Title acknowledges the RIGHTS of indigenous people BUT 1 Focus is on a very small group 2 Direct and continuous connections with vacant crown land Problem: Government policies have created DISPOSSESSION

OUTSIDE RECONCILIATION ATTEMPTS TO ADDRESS THE MAJORITY OF INDIGENOUS PEOPLE FALLING OUTSIDE THE MINORITY ENTITLED TO NATIVE TITLE

From “Native title ‘a disaster’ for land rights in NSW”, SMH 14/3/02 Compensate Aborigines for past dispossession under the NSW Land Rights Act (1983) Successful claims result in freehold title & full ownership, which may co-exist with native title rights Only crown land can be claimed if it is: Not lawfully being used or occupied Not needed dor residential or essential public services Not subject to native title clim For sale or lease under the Crown Lands Act Don’t have to prove traditional connection to the land Land councils claim for members who must live in the area of have an association with it. First recognised by Mabo decision (1992) and claimable under Native Title Act (1993) Successful claims result in recognition of traditional rights but this does not usually mean full ownership Can be claimed over: Crown land Land held under land rights Over water Can be extinguished by other types of title: Freehold and exclusive leases. Must show traditional connection with the claimed area On Aboriginal individual can claim on behalf of a native title claim group.