The Mabo Decision
The Mabo decision was "in effect", due to the court case against the Queensland government vs. Eddie Mabo, David Passi and James Rice. The 'Decision' was brought to effect by the High court due to the spiritual connection they believed that the Marray Islanders had a strong connection with the land. Four out of the five judges agreed that
- There was a concept of native title at common law
- The source of native title was the traditional connection to the land or to the occupancy of the land
- The nature and content of native title was determined by either the occupation, connection or character under traditional customs or laws.
- Native title could be extinguished by the valid exercise of governmental powers providing a clear and to do so was there.
- Rejection of Terra Nullius (Terra Nullius meaning land belonging to nobody)
- Rejection of absolute beneficial title of all lands
- Fragmentation of proprietary interests (relates to ownership of land).