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Recent Legislative
History
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In Mabo v State of Queensland (No. 2), delivered on
3 June 1992, the majority decision was that the
Meriam people were entitled as against the
whole world to the possession, occupation, use
and enjoyment of the land of the Murray
Islands in the Torres Strait. The majority of the
High Court held that the common law of
Australia recognises native title, and that this
was applicable to mainland Australia as well as
Murray Island. The Commonwealth
Government then passed the Native Title Act 1993
and the Queensland Government passed
complementary legislation, the Native Title
(Queensland) Act 1993, prior to the
Commonwealth legislation.
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In the Wik Peoples vs State of Queensland, delivered
on 23rd December 1996, the High Court of
Australia held by a 4:3 majority that the grant of
a pastoral lease did not necessarily extinguish
native title. It was held that native title rights
and interests may co-exist with the interests of a
pastoral lessee, but in the event of a conflict, the
pastoral lessee’s rights would prevail.
The implications of this decision are far
reaching for both State and Federal
Governments. After the Mabo (No. 2) decision it
was thought that native title might continue to
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The Electoral and Administrative Review
Commission’s Local Authority Electoral Review
which commenced in 1990 was asked by
Aboriginal people to consider whether
Aboriginal councils were local authorities, and
what their relationship was to mainstream local
authorities. Some of this discussion informed
the Local Government Act 1993 which allows for
joint local government and joint action by local
governments.
The Queensland Government granted a greater
measure of land rights with the Aboriginal Land
Act 1991 and Torres Strait Islander Land Act 1991.
The DOGIT communities are still working
under the DOGIT legislation while claims to
the Land Tribunal are being heard. It is now
possible to claim land on areas outside DOGIT
including national parks.
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The Parliamentary Committee of Public
Accounts (PCPA) began an inquiry in 1990
into the financial administration of Aboriginal
and Torres Strait Islander Councils because of
poor audits. The PCPA recommended more
autonomy for councils, better procedures and
more training and support for councils.
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The Legislative Review Committee was set up in
August 1990 to review the Community Services Acts
1984 - 1986 and the Local Government (Aboriginal
Lands) Act 1978 - 1981 and to recommend a new
legislative framework. The Aboriginal and
Torres Strait Islander Committee developed selfgovernment options for Aboriginal and Torres
Strait Islander people regardless of land tenure,
location, population, cohesiveness or resources.
The government responded to these
recommendations with the Alternative
Governing Structures Program.
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significant issues
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D e p a r t m e n t o f A b o r i g i n a l and T o r r e s S t r a i t I s l a n d e r P o l i c y a n d D e v e l o p m e n t