Timeline
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Land rights and/or native title |
Legislation |
Case law |
Milestones |
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Land Rights and/or Native Title |
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Milestones |
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Case Law |
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Legislation |
“The National Agreement on Closing the Gap comes into effect and aims to “overcome the entrenched inequality faced by too many Aboriginal and Torres Strait Islander people so that their life outcomes are equal to all Australians”. ”
“The High Court says that Aboriginal people who are not citizens of Australia cannot be deported using the aliens power in Love and Thoms.”
“The Federal Court approves the settlement package for the Stolen Wages class action. The class action was brought against the Queensland government regarding payment for work by Aboriginal and Torres Strait Islander people in Queensland between 1939 and 1972.”
“The High Court in the Timber Creek decision awards compensation to the Ngaliwurru and Nungali Peoples for economic and cultural loss due to the extinguishment of native title rights and interests.
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“The Barunga Agreement commences, supporting treaty negotiations in the Northern Territory. ”
“The Uluru Statement from the Heart is released. It calls for a First Nations Voice in the Australian Constitution and a Makarrata Commission to support agreement-making and truth-telling between
government and Aboriginal and Torres Strait Islander people.”
“The High Court in Brown determines that native title can coexist with non-exclusive mineral leases.”
“The High Court in the Akiba decision finds that native title fishing rights in the Torres Strait were not extinguished by fishing legislation.”
“The Traditional Owner Settlement Act comes into effect in Victoria, providing alternative mechanisms to native title for the recognition of rights in Crown land.”
“Negotiations towards the Noongar Settlement, the largest native title settlement to date, covering around 200,000 sq km and affecting about 30,000 Noongar people, commence.”
“The Australian Government formally supports the United Nations Declaration on the Rights of Indigenous Peoples.”
“The High Court upholds Yolngu exclusive water rights over the intertidal zone and its marine property in the Blue Mud Bay case. ”
“Prime Minister Kevin Rudd formally apologises to the Stolen Generations.”
“A member of the Stolen Generations successfully sued the State of South Australia for damages after forced separation in Trevorrow.”
“The Yankunytjatjara/Antakirinja peoples achieve recognition of native title through the first consent determination in South Australia.”
“United Nations Declaration on the Rights of Indigenous Peoples enters into force. The Declaration explains Indigenous rights to self-determination, culture, traditions and customs, not to be forcibly removed from their lands or subject to forced assimilation or destruction of their culture and traditions.”
“The Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk peoples achieve recognition of native title through the first consent determination in Victoria.”
“The High Court upholds judgment that the ‘tide of history’ had extinguished Yorta Yorta native title rights.”
“The High Court determines that native title can be partially extinguished in Ward.”
“The High Court finds that native title can exist offshore in the case of Yarmirr. ”
“The Narungga people are party to the first Indigenous Land Use Agreement registered in South Australia.”
“The Arakwal people are party to the first Indigenous Land Use Agreement registered in New South Wales.”
“The Nharnuwangga, Wajarri and Ngarlawangga peoples are parties to the first Indigenous Land Use Agreement registered in Western Australia.”
“The Nharnuwangga, Wajarri and Ngarla peoples achieve recognition of native title through the first consent determination in Western Australia.”
“United Nations Committee on the Elimination of Racial Discrimination (CERD) decides that the Native Title Amendment Act 1998 (Cth) discriminates against Indigenous title holders.”
“The Framlingham Aboriginal Trust and the Kirrae Whurrong peoples are parties to the first Indigenous Land Use Agreements registered in Victoria.”
“The Yuibera, Wiri/Yuwiburra and Birri Gubba peoples are party to some of the first Indigenous Land Use Agreements registered in Queensland. ”
“The Jawoyn people are party to the first Indigenous Land Use Agreement registered in the Northern Territory. ”
“In response to the Wik Decision, the Howard Government introduces broad amendments to the Native Title Act under the Native Title Amendment Act.”
“The High Court considers for the first time the meaning and scope of s 51 (xxvi) of the Australian Constitution (the Race Power) in Kartinyeri.”
“The Gamaay peoples achieve recognition of native title through the first consent determination in mainland Queensland.”
“The Bringing Them Home report about the Stolen Generations is released.”
“The Dunghutti peoples achieve the first native title consent determination that native title exists in New South Wales and on mainland Australia.”
“The High Court holds that native title may co-exist with the rights of some pastoral leases in the
Wik decision.”
“The Australian Government officially recognises the Aboriginal and Torres Strait Islander flags.”
“The Australian Government establishes the National Native Title Tribunal to assist with native title negotiations and agreements.
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“The Commonwealth introduces the Native Title Act, which sets out the processes for native title claims and determinations.”
“The High Court recognises native title and overturns the doctrine of terra nullius in
Mabo (No 2).”
“The Aboriginal Land Act 1991 (Qld) and the Torres Strait Islander Land Act 1991 (Qld) create mechanisms for land to be granted in Queensland. The Acts recognise the spiritual, social, cultural and economic importance of land to Aboriginal and Torres Strait Islander people, and include aims to rectify past injustices. ”
“The Royal Commission into Aboriginal Deaths in Custody releases its findings and 339 recommendations. ”
“The Yunupingu and Rubuntja people present Prime Minister Bob Hawke with the
The Barunga Statement, which calls for self-management and land rights for Aboriginal and Torres Strait Islander people.”
“The High Court in Mabo No 1 finds that the Queensland Government’s legislative attempt to retrospectively extinguish native title rights was invalid as it was in conflict with the Racial Discrimination Act 1975.”
“Uluru and Kata Tjuta are handed back to Anangu traditional owners.”
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The Aboriginal Lands Rights Act 1983 (NSW) establishes Aboriginal Land Councils to acquire and manage lands. ”
“The High Court holds that the validity of the Crown’s assertion of sovereignty cannot be challenged in Coe v Commonwealth.”
“Australia and Papua New Guinea sign the Torres Strait Treaty.”
“The Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) establishes a regime for the grant of statutory land rights and the first Aboriginal Land Councils in Australia, the Central Land Council and the Northern Land Council.
Justice Toohey describes its purpose as: “to give standing, within the Anglo-Australian legal system, to a system of traditional ownership that has so far failed to gain recognition by the courts”.”
“The Racial Discrimination Act criminalises discrimination on the basis of race, colour, descent and national or ethnic origin and holds that all persons have a legal right to equality before the law.”
“The Whitlam Government announces the return of the lands of the Gurindji people following the Wave Hill Walk off.”
“The Whitlam Government establishes the Woodward Royal Commission to identify appropriate ways to recognise Aboriginal land rights in the NT. The Northern and Central Land Councils form to assist with the work of the Royal Commission.”
“The High Court recognises the rights of Papuans to their lands stating: “indigenous people were secure in their usufructuary title to land... [and] recognised a right in the Papuans to sell or surrender to Crown whatever right they had communally or individually in the land” in the case of Administration of the Territory of Papua and New Guinea v Daera Guba.”
“The Commonwealth establishes the Department of Aboriginal Affairs.”
“Aboriginal activists establish the Aboriginal Tent Embassy to protest against the government’s refusal to acknowledge land rights. ”
“The Supreme Court of the Northern Territory upholds the Privy Council’s decision in Cooper v Stuart (1889) in
Milirrpum v Nabalco Pty Ltd, in a decision known as the Gove Case.”
“The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) enters into force. Under the Convention state parties commit to eliminating racial discrimination and to promoting racial equality.”
“The 1967 Referendum amends the Constitution to include Aboriginal and Torres Strait Islander people in the census and give the Commonwealth the power to make laws for Aboriginal and Torres Strait Islander people.”
“South Australia was the first state to transfer control of land to a body controlled by Aboriginal people under the Aboriginal Lands Trust Act 1966 (SA) ”
“Wave Hill Walk off
Vincent Lingiari leads the walk-off from Wave Hill Station in protest against poor working conditions and to demand the return of traditional lands.”
“Yirrkala bark petitions
Yolngu leaders present the Yirrkala bark petitions to Parliament in protest against the seizure of Aboriginal land for mining.”
“The Commonwealth Electoral Act is amended to give the vote to all Aboriginal and Torres Strait Islander people.”
“The Commonwealth Nationality and Citizenship Act defines Australian citizenship to include Aboriginal and Torres Strait Islander people.”
“Aboriginal pastoral workers commence the three year long Pilbara strike, demanding better pay and working conditions. Hundreds of workers walk out of more than 20 stations, affecting over 10,000 square kilometres of farming country.”
“The High Court recognised that the people of Kila Kila possessed a communal usufructuary title to their land equivalent to full ownership which gave rise to an entitlement to compensation when they were compulsorily acquired by the crown in Geita Sebea v Territory of Papua.”
“The High Court established that Aboriginal people charged with a crime were to be afforded a fair trial in Tuckiar and The King.”
“The High Court holds that when the British obtained sovereignty over Australia, all land became property of the King of England in Williams v Attorney General.”
“The Privy Council upholds the proposition that no land law existed in NSW prior to 1788 in the case of Cooper v Stuart.”
“The full court of the NSW Supreme Court notes that Australian lands ‘are, and ever have been, from the time of its first settlement in 1788, in the Crown’ in the case of Attorney General v Brown.”
“The NSW Supreme Court describes Indigenous inhabitants as ‘wandering tribes ... living without certain habitation and without laws’ in MacDonald v Levy.”
“Formal possession of the territory of New South Wales and Tasmania is declared by the British.”
“Before colonisation Aboriginal peoples lived on and managed the land in accordance with established systems of law and custom for approximately 40,000 to 60,000 years. Aboriginal Australians have been shown to be the world’s oldest living cultures.”
Indigenous Mapping Icons created by Dennis Golding and available from the Indigenous Mapping Workshop.