Up the Garden Path

Jun 20, 2005 16:32

Ok most of the time I don't really do the deep and meaningful posts or the preachy posts to this forum but a couple of things have happened in the last little while that I would love to bring to peoples attention. I am sure a few of you are well aware of what I am going to say but then there are the people that are not and I am comeing to realise ( Read more... )

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Comments 9

halloranelder June 21 2005, 11:00:13 UTC
To be perfectly honest, very little.

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nicked_metal June 21 2005, 14:02:59 UTC
I believe that the Wik Decision is the high court ruling that overturned the legal principle of Terra Nullius, which was the idea that the land did not have prior owners and was therefore the property of the crown.

My understanding of the Native Title legislation is that it sought to preserve rights of access to land in situations where a local population had managed to maintain a connection to the land so far. That is to say, to prevent aboriginal rights to use land from being eroded beyond the level of the rights that they were currently exercising, and had exercised continuously before and since white settlement.

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teknohippi June 21 2005, 23:46:30 UTC
That is pretty much it on Native title - The problem being that each Indigenous group can only claim land that has not been claimed for before so in the case for Title along the Murray River they tried to claim more than thier land was traditionally and thus the claim was turned over (amongst other reasons) but now any other group who lay claim to that land can not apply for Native Title there. The Mabo decision was the one that overturned the lie of Terra Nullius. There was only one treaty ever made with indigneous people and it was overturned by the white leaders about 6 months after it was made. This was in direct conflict with orders form England at the time ( ... )

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nicked_metal June 22 2005, 01:00:39 UTC
Damn, I had a suspicion that the thing I was calling 'Wik' was some other decision. Bugger.

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teknohippi June 22 2005, 04:05:21 UTC
You have more of an idea than most about the Native Title thing. The big issue is actually getting the info out to people which doesn not seem to be happening at all!
There are people that believe their backyards can be claimed because of lack of clear information.

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freudianquip June 22 2005, 07:50:31 UTC
I realise that many will have stopped reading this by now, but can we get some decent web referecnes for general info.

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teknohippi June 22 2005, 22:51:24 UTC
Sure I'll put some up in a new post

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kitling June 23 2005, 02:34:57 UTC
I dont know about either of these things I embarrassed to admit. But i have read the other comments and second tania's comment about urls.

The aboriginal issue that is currently bothering me is the one to do with ownership of archaelogical finds etc - because I really don't know where I stand on it. You gave me the five minute run down the other day - but i'd like time to actually discuss it.

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teknohippi June 23 2005, 03:32:37 UTC
Cool will do and I have documentation to back stuff up.
A lot of the the time Heritage officers will go out to a site - look at it and go "thats nice" and leave. There is the heritage legislation of 1974(ish) and as long as people are looking after the area then there is no further need for investigation.

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