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Unformatted text preview: f time. In Australia vast areas of land, almost
42 per cent of the country, are held under pastoral lease.
The Commonwealth response to the Mabo decision was the passage of the Native Title Act 1993. It
was created to recognise and protect Indigenous people’s title rights and interests and provides a process by which application can be made for a determination of a native title claim to the Federal Court. It
established a National Native Title Tribunal to which applications will be referred by the Federal Court
to determine the validity of land rights claims and the payment for compensation to native titleholders
who lost their land. Claims can be determined only on a case-by-case basis through reference to traditional laws and custom and evidence of a continuous link with the claimed land.
In The Wik People v The State of Queensland and Others (1996) 187 CLR 1 the High Court had
another opportunity to consider the rights of Indigenous people to the land when the Wik and Thayorre
people made a claim in the...
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This document was uploaded on 04/23/2012.
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