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Unformatted text preview: PPL - Indigenous people and Public law (Lecture 9) European settlements • The British were able to enforce their laws upon Australian soil, due to the fact that: o The population previously were incapable of occupying the whole country. o There was no constant law of the land previously. • If the country is uninhabited, therefore allowed to take possession of the land to set marks of being the first discoverers of the land. If inhabited however, they must enforce their laws with consent of the natives of the land. • As the natives were not making much use of the land, implication was given that the British can enforce their own laws upon half of the land. Five claims of aborigine ownership over Australian soil Descent from original occupants of the land o Aborigine people were there first. o Entitlements to the land that existed before the British invasion in 1788 still exist. Separate and continuing laws and customs recognisable by the law o Still continue to the present from the time they were made before the...
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- Three '11