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In the context of the High Court's decision in Mabo and others v Queensland
(No2) (1992) 175 CLR 1, discuss the way in which native title rights are “protected”
by the common law and how those rights may be extinguished by the granting of
Government mining leases.
Hint: Students’ answers should refer to the decision in Mabo and others v
Queensland (No 2) (1992) 175 CLR 1, (1996) 187 CLR 1 and the Native Title Act
1993 (Cth).
Since buying the pastoral lease for Moray Downs in 2012, mining giant Adani has been in
negotiation and legal dispute with the Wangan and Jagalingou Indigenous people. In 2015
the Queensland coordinator-general's office submitted a land acquisition application in the
hopes of transferring the land to Adani after agreeing on an interim licence. The Latin
expression, Terra Nullius, meaning “nobodies land” was applied to the land of Australia
upon the arrival of first settlers. Since then, Terra Nullius’ conditions of application have
been revised and it has been recognised that Australia was not Terra Nullius at the time of
settlement. This overturn of judgement has led to several court decisions such as Mabo v
Queensland in which native title rights are now protected by the common law. This essay
