When was terra nullius

The concept of terra nullius, or land belonging to no-one, remained the legal principle on which British colonisation rested until , when the High Court brought down its finding in the Mabo vs Queensland No. This sketch, which shows the land divisions of different family groups on Murray Island, formed part of the evidence in the Mabo case. The High Court ruled the Meriam people from the Murray Islands, which the Meriam people call Mer were 'entitled as against the whole world to possession, occupation, use and enjoyment of most of the lands of the Murray Islands'.

In recognising that native title had always existed, the Mabo ruling set a precedent in Australian law, which has now seen numerous Aboriginal and Torres Strait Islander groups regain rights over their traditional lands. Australian Aboriginal and Torres Strait Islander people are advised that this website contains a range of material which may be considered culturally sensitive including the records of people who have passed away. Terra Nullius While historians debate how and when the terra nullius legal concept was used to justify the colonisation of Australia, it is likely that Cook considered that the land belonged to no-one.

Background information. Joseph Lycett c. What if that same person was in a position of power over you so you were powerless to do anything about it? How do you think it would feel if, a long time later, the truth was finally revealed? The Mabo verdict was a watershed moment for Australian law, politics and history. The subsequent apology by Prime Minister Kevin Rudd further reinforced the reality of this ruling and what it meant for our story as Australians. However, whilst our understanding as a nation of the fact that the British did not arrive to vacant land, this has not made much difference to the day to day reality of most Indigenous Australians.

In a remote part of Australia, at a time before social media and internet was around, one lndigenous man was able to stand up, be heard and change the course of Australian history. We acknowledge the stories, traditions and living cultures of Aboriginal and Torres Strait Islander peoples on this land and commit to building a brighter future together. Warning: Aboriginal and Torres Strait Islander viewers are advised that this website may contain images, voices and names of deceased persons.

Close Search Search. Currently not logged in. Mabo v. The concept of terra nullius became a major issue in Australian politics when, in , during a Aboriginal rights case known as Mabo , the High Court of Australia issued a judgement which some interpreted as an invalidation of terra nullius.

The ruling was, however, rather narrower than that. The court did not reclassify Australia as a "conquered" territory but instead restated the terms of Australian sovereignty. The Crown is still deemed capable of lawfully extinguishing native title, but some native title still remains intact where clear indigenous rights can be proved to have existed before the native population was dispossessed.

The Wik Decision went further, stating that native title and pastoral leases could co-exist over the same area; native peoples could use land for hunting and performing sacred ceremonies even without exercising rights of ownership. The court's ruling in Mabo has enabled some Aboriginal peoples to reclaim territory appropriated under the doctrine of terra nullius. This has proved extremely controversial, as it has led to lawsuits seeking the transfer or restoration of land ownership rights to native groups.

An estimated 3, further agreements have been reached in which Aboriginal peoples have regained former lands. In the Northern Territory , 40 per cent of the land and most of its coastline is now in the hands of Aboriginal peoples. Terra Nullius In Latin, the term terra nullius means "land belonging to nobody. Terra nullius in Australia The United Kingdom relied on this principle to claim possession of the Australian continent.