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Extinguishment Of Native Title
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Justice Brennan held that native title survived the Crown's acquisition of sovereignty over the Australian colonies. But, if this was the case, how could the Crown grant titles to settlers, or acquire land for its own purposes? And could the acknowledgment of native title put a question mark over the validity of two centuries of land grants in Australia?

The answer offered by the High Court was similar to that put forward by the Supreme Court of the United States in the early nineteenth century: that is native title is more vulnerable than title derived from Crown grant because it is subject to the doctrine of extinguishment; and so government grants of title override native title where there are inconsistencies between the two.

From this it seemed to follow that native title had been extinguished in most parts of Australia, and that the past two hundred years of land dealings were legitimate.
The Racial Discrimination Act
Text
1975
High Court Decision, 03/06/1992, human rights, International Convention, Mabo Case, native title, Racial Discrimination Act , 1975 , United Nations
...a legal fiction called terra nullius...
Video
1992
High Court Decision, 03/06/1992, Keon-Cohen, Bryan, Land Bilong Islanders, Native Title Act (1993), political reaction, terra nullius
Brennan On Extinguishment
Text
1992
Brennan, Justice Gerard, Canada, Canberra, Common Law, crown land, doctrine of tenure, extinguishment, High Court Decision, 03/06/1992, native title, New Zealand (Aotearoa), pastoralism, sovereignty, terra nullius, United States of America
Extinguishment & the RDA
Text
1992
Brennan, Justice Gerard, Canberra, dispossession, extinguishment, High Court Decision, 03/06/1992, High Court of Australia, native title, Native Title Act (1993), Racial Discrimination Act , 1975
...Surrender, abandonment and extinction...
Text
 
Deane, Sir William, Federal Court of Australia, Gaudron, Justice Mary, land ownership, land rights, Mabo v Queensland No.2, native title, Yorta Yorta, Yorta Yorta Decision
...The Crown's power to extinguish...
Text
1992
Brennan, Justice Gerard, Common Law, crown land, dispossession, extinguishment, Mabo v Queensland No.2, sovereignty
US Domestic Dependent Nation Doctrine
Topic
1823
indigenous people, International law, treaties, United States of America
Native Title's Vulnerability In Australia
Topic
 
extinguishment, High Court of Australia, indigenous people, land ownership, native title, political reaction, politics, Racial Discrimination Act
Vulnerablity to extinguishing acts
Text
1992-
Common Law, extinguishment, native title
The '10 Point Plan'
Topic
1996
10 point plan, backlash, Canberra, extinguishment, High Court of Australia, Howard, John, Liberal - National Party coalition, Native Title Act (1993), Wik
The Politics Of Native Title
Topic
1992-
citizenship, equality, human rights, land rights, national identity, native title, political reaction, politics
Land Rights Stalled
Topic
1980s
land rights, Mabo judgement
...Extinguishment of native title and compensation...
Text
1992
Brennan, Chief Justice Gerard, Canada, crown land, Dawson, Justice, Deane, Sir William, extinguishment, Gaudron, Justice Mary, Guerin v The Queen, High Court of Australia, International Court Case, Mabo judgement, Mabo v Queensland No.1, Mabo v Queensland No.2, Mason, Chief Justice Anthony, native title, Queensland Coast Islands Declaratory Act , 1985 , Racial Discrimination Act, sovereignty, Toohey, Justice , United States of America
High Court Challenge - WA vs Commonwealth
Topic
1995
backlash, Court, Richard, mining, native title, Native Title Act (1993), pastoral industry, WA v Commonwealth, Western Australia
The Limits Of Native Title
Topic
 
Common Law, native title
Premiers push partial extinguishment
Newspaper
Jan, 22, 1997
backlash, Court, Richard, extinguishment, native title, Western Australia
Give blacks a living area: Mining Lobby
Newspaper
Jan, 22, 1997
AMEC (Assoc' of Mining & Exploration Co's), apartheid, backlash, Federal Government, Australia, industry, mining, native title, racism
One small step becomes giant leap
Newspaper
Jan, 22, 1997
Mabo, Edward Koiki, Queensland Government, Wik