Newslines Radio: Mabo 20 years on

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In addition to rejecting the doctrine of terra nullius, the High Court of Australia also ruled that the Common Law of Australia recognised a form of native title that reflected the entitlement of the Indigenous inhabitants of Australia to their traditional lands, in accordance with their laws and custom.

In response to Mabo, the Australian Government enacted the Native Title Act 1993 (the Act). The Act recognises and protects native title and sets up processes by which claims for native title can be determined and future activity impacting on native title may be undertaken. As at 21 May 2012, there have been 139 determinations recognising the existence of native title, and determined native title covers approximately 16% of Australia’s land mass.

Native title is about more than just delivering symbolic recognition. As well as clear recognition of traditional rights in relation to land and waters, it provides opportunities to create sustainable economic outcomes for Aboriginal and Torres Strait Islander peoples, including through agreements.

An example is in the Gawler Ranges in South Australia where in addition to the determination, which recognised native title over approximately 3.5 million hectares of land, the Australian Government funds a Working on Country project that engages traditional owners from the Gawler Ranges in the management of resources. The project provides sustainable employment and brings together traditional and contemporary approaches to land management.

The 20th anniversary of Mabo affords us with an opportunity to reflect on the achievements of the native title system, and the challenges ahead.

More information about the Mabo Decision is available at www.mabonativetitle.com.

Other Australian Government support for native title includes:

• The Native Title Program, which supports Indigenous native title claimants or holders through the funding of a network of Native Title Representative Bodies or other Native Title Service Providers.
• The Land Rights Program, supporting Indigenous people to exercise their legal rights in relation to land and sea.
• The Aboriginals Benefit Account (ABA), which contributes to the recognition and protection of land rights by the efficient administration of royalties generated from mining on Aboriginal land in the Northern Territory.