The High Court of Australia in its recent decision of Mabo v. The State of Queensland has recognised a form of native title for the first time under the common law of Australia. In 1982, Murray Islanders (also known as the Meriam people) brought an action in the High Court of Australia against the State of Queensland. They claimed that the Crown's sovereignty over the Murray Islands was subject to the land rights of the Murray Islanders based upon local custom and traditional title. The High Court decision was handed down on 3 June 1992. In the result, of seven Justices, six (Mason, McHugh, Brennan, Deane, Gaudron, Toohey) agreed and one (Dawson) did not, that : (1) Australian common law recognises a form of native title, (2) where it has not been extinguished, native title reflects the rights that the laws or customs of the indgenous inhabitants give them to their traditional lands, (3) subject to the effect of some particular Crown lease, Queensland law preserves the native title of the Murray Islanders as defined by their laws or customs. Similar challenges were made after the Mabo Decision. If the expectations of Aboriginal leaders are realised, it is possible that about 1.5% of the population can lay claim to about 50% of the land area of Australia along with the territorial sea and the contiguous sea. There have been many calls for Federal Government legislation to water down the Mabo Decision. The Native Title Act was born on 22 December 1993. The Act has four key aspect : (l) ungrudging and unambiguous recognition and protection of native title, (2) provision for clear and certain validation of past Acts if they have been invalidated because of the existence of native title, (3) a just and practical regime governing future grants and acts affecting native title, (4) rigorous, specialised and accessible tribunal and court processes for determining claims to native title and for negotiation and decisions on proposed grants over native title land. But there is uncertainty over the title of much land in Australia. The consequence is that many pastoral, mining and even possibly residental titles, particularly in Western Australia, are in doubt.
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