1. The Land Rights Movement

2. HOMEWORK Answer Question 7 page 257 (as 5 mark question)
Read pages
Answer Question 7 page 257
(as 5 mark question)
to hand in to Mrs M

3. Glossary
Integration
Land rights
Native Title
Self-determination

4. 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

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

6. 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

7. 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 !

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

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

10. 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

11. 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

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

13. 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.