Mabo By: Chicka and Eppy

Eddie Mabo led a group of Meriam people (From Murray Islands) in a supreme court challenge against the Queensland government on the issue of land ownership. On the 3rd of June 1992, the High court of Australia delivered its landmark Mabo decision which re-wrote the Australian common law and gave a massive boost to the struggle for the recognition of Aboriginal land rights. The indigenous peoples land title or Native title, stems from the continuation within common law of their rights over land which pre-date European colonisation of Australia.

The judgement rejected the “Terra Nullius” legal fiction. On a ratio of 6:1 the High court ruled that the Australian common law required that indigenous rights to land had survived the simple acquisition of sovereignty of the continent by Britain, that the theory of “Terra Nullius” was inappropriate to apply to land which had so clearly been occupied.

The judges declared: “The Meriam people are entitled as against the whole world to possession, occupation, use of enjoyment of the land of the Murray Islands.” “It was the first time that the high court had considered the position of, indiginous people in Australian property law and their judgement was not restricted to the Murray islands” (Justice Gerrad Brennan)

The Native title act 1993 is the legislation that recognised the existence of Aboriginal Native title rights of Aboriginal federal law and the native title rights of Aboriginal people. The act came into force on the 1st of January This act established a national Aboriginal and Torres Strait Islander Land fund for the purpose of enabling dispossessed Aboriginal people to acquire land. And also the National Native Title Tribunal. The Native title act however, only affected roughly 3-4% of the total Aboriginal population.