Mabo Assignment
Native Title and its ramifications for Australian Law
The Torrens Title System: A system devised to recognise provable ownership of land by Law.
Australia initially adopted the British system using Title of Ownership, deeds of grant and following the doctrine on tenure where the Crown, is the ultimate owner of all lands (Gray et al. 2009). However, it was a large problem with legal fees, proof of ownership and forgeries until the Government managed resister was established enabling easier transactions and trust in ownership rights.
The Torrens Title System, introduced in Queensland in 1861, is a register of real property holdings that is maintained by the State. The system creates indefeasibility by guaranteeing title against past wrongdoings by registration of land titles with the Land Titles office to guarantee ownership and prevent fraud. Once signed, title cannot be repudiated. This system replaced the use of common law to solve disputes over real property.
Native Title as described in the NTA 1993:
Native Title was forced into being through the establishment of the Native Title Act in 1993 after the Mabo ruling granting the Meriam people Rights to their ancestral lands on the Murray Islands.
Section 223 (1) of the act states - 'The expression native title or native title rights and interests means the communal, group or individual rights and interests of Aboriginal peoples or Torres Strait Islanders in relation to land or waters, where: a. the rights and interests are possessed under the traditional laws acknowledged, and the traditional customs observed, by the Aboriginal peoples or Torres Strait Islanders; and b. the Aboriginal peoples or Torres Strait Islanders, by those laws and customs, have a connection with the land or waters; and c. the rights and interests are recognised by the common law of Australia.'
NTA 1993
The concept of Native Title:
The concept of native land ownership has been a simmering subject on many a
The Torrens Title System: A system devised to recognise provable ownership of land by Law.
Australia initially adopted the British system using Title of Ownership, deeds of grant and following the doctrine on tenure where the Crown, is the ultimate owner of all lands (Gray et al. 2009). However, it was a large problem with legal fees, proof of ownership and forgeries until the Government managed resister was established enabling easier transactions and trust in ownership rights.
The Torrens Title System, introduced in Queensland in 1861, is a register of real property holdings that is maintained by the State. The system creates indefeasibility by guaranteeing title against past wrongdoings by registration of land titles with the Land Titles office to guarantee ownership and prevent fraud. Once signed, title cannot be repudiated. This system replaced the use of common law to solve disputes over real property.
Native Title as described in the NTA 1993:
Native Title was forced into being through the establishment of the Native Title Act in 1993 after the Mabo ruling granting the Meriam people Rights to their ancestral lands on the Murray Islands.
Section 223 (1) of the act states - 'The expression native title or native title rights and interests means the communal, group or individual rights and interests of Aboriginal peoples or Torres Strait Islanders in relation to land or waters, where: a. the rights and interests are possessed under the traditional laws acknowledged, and the traditional customs observed, by the Aboriginal peoples or Torres Strait Islanders; and b. the Aboriginal peoples or Torres Strait Islanders, by those laws and customs, have a connection with the land or waters; and c. the rights and interests are recognised by the common law of Australia.'
NTA 1993
The concept of Native Title:
The concept of native land ownership has been a simmering subject on many a