143-535: The Lake Mungo remains are three prominent sets of human remains that are possibly Aboriginal Australian : Lake Mungo 1 (also called Mungo Woman , LM1 , and ANU-618), Lake Mungo 3 (also called Mungo Man , Lake Mungo III, and LM3 ), and Lake Mungo 2 ( LM2 ). Lake Mungo is in New South Wales , Australia , specifically the World Heritage listed Willandra Lakes Region . Mungo woman (LM1)
286-593: A Holocene hunter-gatherer sample ("Leang Panninge") from South Sulawesi , which shares high amounts of genetic drift with Aboriginal Australians and Papuans. This suggests that a population split from the common ancestor of Aboriginal Australians and Papuans. The sample also shows genetic affinity with East Asians and the Andamanese people of South Asia. The authors note that this hunter-gatherer sample can be modelled with ~50% Papuan-related ancestry and either with ~50% East Asian or Andamanese Onge ancestry, highlighting
429-539: A Wiradjuri man from Cowra, New South Wales , commenced an action in the High Court of Australia arguing that Aboriginal people retained rights to land as an Aboriginal nation or nations existed pre-settlement and continues to exist, and that their land had been taken by conquest rather than by settlement. The court held in Coe v Commonwealth (1979) that no Aboriginal nation holds any kind of sovereignty , distinguishing
572-566: A bundle of rights , which may be extinguished one by one, for example, by a mining lease. In this case, the lease did not confer 'exclusive possession', because the claimants could pass over the land and do various things. But some parts of native title rights were extinguished, including the rights to control access and make use of the land. The claim was remitted to the Full Court of the Federal Court to determine in accordance with
715-497: A veto over development, and nor does it grant land, as the Aboriginal Land Rights Act (ALRA) does. National Native Title Tribunal definition: [Native title is] the communal, group or individual rights and interests of Aboriginal people and Torres Strait Islander people in relation to land and waters, possessed under traditional law and custom, by which those people have a connection with an area which
858-630: A ceremony in the desert attended by Maralinga Tjarutja leader Archie Barton , John Bannon and Aboriginal Affairs Minister Greg Crafter . This granted rights over 75,000 square kilometres (29,000 sq mi) of land in the Great Victoria Desert , including the land contaminated by the British nuclear weapons testing at Maralinga . Mabo v Queensland (No 2) (1992) was the foundational case for native title in Australia. In 1992
1001-535: A determination, Prescribed Bodies Corporate are entered onto the NNTR. At this point, the corporation becomes a Registered Native Title Body Corporate (RNTBC). On 1 July 2011, the 160 registered determinations of native title covered some 1,228,373 km (474,277 sq mi) (approximately 16 per cent) of the land mass of Australia; and registered Indigenous land use agreements (ILUAs) covered about 1,234,129 km (476,500 sq mi) (about 16 per cent) of
1144-611: A gene flow from India to Australia: firstly, signs of South Asian components in Aboriginal Australian genomes, reported on the basis of genome-wide SNP data; and secondly, the existence of a Y chromosome (male) lineage, designated haplogroup C∗, with the most recent common ancestor about 5,000 years ago. The first type of evidence comes from a 2013 study by the Max Planck Institute for Evolutionary Anthropology using large-scale genotyping data from
1287-555: A keeping-place, and on 17 November 2017 the remains were buried directly in the earth in a casket of ancient red gum . Oral historian Louise Darmody was commissioned by the State Library of New South Wales to record interviews with 12 people involved in the repatriation process. These included Paakantji , Ngiyampaa and Muthi Muthi people recognised as the traditional owners of Mungo National Park. Also interviewed were Professor Jim Bowler and other scientists associated with
1430-656: A number of clan groups of Aboriginal people to an area of seas and sea-beds surrounding Croker Island in the Northern Territory. It was the first judgment by the High Court of native title over waters. The judge, Olney J, determined that members of the Croker Island community have a native title right to have free access to the sea and sea-bed of the claimed area for a number of purposes. The case established that traditional owners do have native title of
1573-572: A package of coordinated measures and technical amendments to improve the performance of the native title system. These are aimed at making the native title process more efficient and to speed up the determination of whether native title exists on the 580 claims that had been registered but not yet determined. The Native Title Act 1993 was further amended by the Rudd government by the Native Title Amendment Act 2009 . It allows
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#17327721858501716-694: A person as Indigenous. (Torres Strait Islanders are ethnically and culturally distinct, despite extensive cultural exchange with some of the Aboriginal groups, and the Torres Strait Islands are mostly part of Queensland but have a separate governmental status .) Some Aboriginal people object to being labelled Indigenous , as an artificial and denialist term, because some non-Aboriginal people have referred to themselves as indigenous because they were born in Australia. Australian Indigenous people have beliefs unique to each mob ( tribe ) and have
1859-598: A pool of Aboriginal Australians, New Guineans, island Southeast Asians, and Indians. It found that the New Guinea and Mamanwa (Philippines area) groups diverged from the Aboriginal about 36,000 years ago (there is supporting evidence that these populations are descended from migrants taking an early "southern route" out of Africa, before other groups in the area). Also the Indian and Australian populations mixed long before European contact, with this gene flow occurring during
2002-615: A profound spiritual connection. Over the millennia, Aboriginal people developed complex trade networks, inter-cultural relationships, law and religions. Contemporary Aboriginal beliefs are a complex mixture, varying by region and individual across the continent. They are shaped by traditional beliefs, the disruption of colonisation, religions brought to the continent by Europeans, and contemporary issues. Traditional cultural beliefs are passed down and shared through dancing , stories , songlines , and art that collectively weave an ontology of modern daily life and ancient creation known as
2145-639: A reanalysis was performed on the sequences derived from the 2001 study. The 2016 report of this study stated that the sequence for LM3 could have been contaminated with mtDNA of modern European origin, and it was uncertain if any of the DNA analysed in the 2001 study was ancient DNA. The authors did recover ancient mtDNA from the Willandra Lakes skeleton WLH4 specimen, "estimated to be late Holocene in age (~3,000–500 y B.P.)" and determined it to be of haplogroup S2 , of Aboriginal origin. On discovery in 1974, LM3
2288-469: A result, native title rights could co-exist, depending on the terms and nature of the particular pastoral lease. Where there was a conflict of rights, the rights under the pastoral lease would prevail over native title rights. The Wik decision led to amendments to the Native Title Act 1993 by the Native Title Amendment Act 1998 . This Act, also known as the "10 Point Plan", was introduced by
2431-626: A significant human population and had abundant resources, as well as many varieties of Australian megafauna . During the last ice age period, the water level in the lake fell, and it became a salt lake . This made the soil alkaline , which helped to preserve the remains left behind. LM1 was discovered on July 15 1968, at the Willandra Lakes Region by Jim Bowler with the University of Melbourne . LM1 has been 14C dated at 24,700 to 19,030 years ago. A date of 26,250 ±1120 BP
2574-495: A single group. Aboriginal identity has changed over time and place, with family lineage, self-identification, and community acceptance all of varying importance. In the 2021 census , Indigenous Australians comprised 3.8% of Australia's population. Most Aboriginal people today speak English and live in cities. Some may use Aboriginal phrases and words in Australian Aboriginal English (which also has
2717-482: A sophisticated and artistic burial practice. This ritual burial aspect of the discovery has been particularly significant to Aboriginal Australians , since it indicates that certain cultural traditions have existed on the Australian continent for much longer than previously thought. At the time of LM3's discovery, it was believed that Aboriginal peoples had arrived in Australia from Asia around 20,000 years ago. Since
2860-411: A spirit creates the earth then tells the humans to treat the animals and the earth in a way which is respectful to land. In Northern Territory this is commonly said to be a huge snake or snakes that weaved its way through the earth and sky making the mountains and oceans. But in other places the spirits who created the world are known as wandjina rain and water spirits. Major ancestral spirits include
3003-470: A strong connection to the land. Contemporary Indigenous Australian beliefs are a complex mixture, varying by region and individual across the continent. They are shaped by traditional beliefs, the disruption of colonisation, religions brought to the continent by Europeans, and contemporary issues. Traditional cultural beliefs are passed down and shared by dancing , stories , songlines and art —especially Papunya Tula (dot painting)—collectively telling
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#17327721858503146-598: A symbol of the long Aboriginal presence in Australia, and an important icon for both archaeologists and Indigenous Australians. LM1 is now in a locked vault at the Mungo National Park exhibition centre. The vault has a double lock and can be opened only if two keys are used. One key is controlled by archaeologists, the other by the local Indigenous peoples. In late 2013, the NSW government, dismissed all management structures, leaving nothing in place to own or care for
3289-427: A tangible influence of Aboriginal languages in the phonology and grammatical structure ). Many but not all also speak the various traditional languages of their clans and peoples. Aboriginal people, along with Torres Strait Islander people, have a number of severe health and economic deprivations in comparison with the wider Australian community. DNA studies have confirmed that "Aboriginal Australians are one of
3432-430: Is accessed by an unsealed road. Boardwalks have been installed throughout the sand dunes and visitors are forbidden from stepping off the boardwalks unless accompanied by an Aboriginal guide. In 2014, fake bones were buried throughout the area as part of an experiment for La Trobe University . Within two weeks, nearly all of the artificial bones had disappeared. Aboriginal Australians Aboriginal Australians are
3575-773: Is an increase in allele sharing between the Denisovan and Aboriginal Australian genomes, compared to other Eurasians or Africans. Examining DNA from a finger bone excavated in Siberia , researchers concluded that the Denisovans migrated from Siberia to tropical parts of Asia and that they interbred with modern humans in Southeast Asia 44,000 years BP, before Australia separated from New Guinea approximately 11,700 years BP. They contributed DNA to Aboriginal Australians and to present-day New Guineans and an indigenous tribe in
3718-424: Is arrived at from the recent breakthrough of widespread genetic investigation. In the model, humans then fairly quickly spread over the whole globe, from that starting point or bottleneck. This explains the controversy of Thorne and other's older dates for LM3 - the establishment of (fully modern) human settlements in the different continents, could have happened only after (although perhaps remarkably shortly after)
3861-477: Is based on the Aboriginal peoples' geographical isolation, with little or no interaction with outside cultures before some contact with Makassan fishermen and Dutch explorers up to 500 years ago. The Rasmussen study also found evidence that Aboriginal peoples carry some genes associated with the Denisovans (a species of human related to but distinct from Neanderthals ) of Asia; the study suggests that there
4004-511: Is granted, specific rights are decided on a case-by-case basis, and may only sometimes includes freehold title. Australia did not experience litigation involving Aboriginal native title until the 1970s, though several earlier cases tangentially involved issues of native title. In 1835, John Batman purported to sign Batman's Treaty with Aboriginal elders in the Port Phillip District . Governor Bourke declared Batman's Treaty
4147-480: Is no evidence for South Asian gene flow to Australia .... Despite Sahul being a single connected landmass until [8,000 years ago], different groups across Australia are nearly equally related to Papuans, and vice versa, and the two appear to have separated genetically already [about 30,000 years ago]." Aboriginal Australians possess inherited abilities to adapt to a wide range of environmental temperatures in various ways. A study in 1958 comparing cold adaptation in
4290-654: Is not a grant or right created by governments. The Aboriginal Land Rights Act 1976 (see below) covers the granting of land to Aboriginal Land Trusts; setting up Aboriginal land councils ; mineral rights; decision-making processes for dealing with land; dealing with income from land use agreements; and negotiations about leases for development on Aboriginal land. The Native Title Act 1993 (NTA) gives recognition that "Aboriginal and Torres Strait Islander people have rights to land, water and sea, including exclusive possession in some cases, but does not provide ownership". It allows for negotiations over land, but does not provide for
4433-422: Is one which has become a matter of heated controversy. If there are serious legal questions to be decided as to the existence or nature of such rights, no doubt the sooner they are decided the better, but the resolution of such questions by the courts will not be assisted by imprecise, emotional or intemperate claims. In this, as in any other litigation, the claimants will be best served if their claims are put before
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4576-453: Is only in the last two hundred years that they have been defined and started to self-identify as a single group, socio-politically. While some preferred the term Aborigine to Aboriginal in the past, as the latter was seen to have more directly discriminatory legal origins, use of the term Aborigine has declined in recent decades, as many consider the term an offensive and racist hangover from Australia's colonial era. The definition of
4719-495: Is recognised under Australian law (s 223 NTA). Commonwealth Government's indigenous.gov.au website: Native title is the recognition in Australian law, under common law and the Native Title Act 1993 (Cth), of Indigenous Australians' rights and interests in land and waters according to their own traditional laws and customs. Native title has also been described as a "bundle of rights" in land, which may include such rights as camping, performing ceremony , etc. If native title
4862-502: Is that the desert people are able to have a higher body temperature without accelerating the activity of the whole of the body, which can be especially detrimental in childhood diseases. This helps protect people to survive the side-effects of infection. Aboriginal people have lived for tens of thousands of years on the continent of Australia , through its various changes in landmass. The area within Australia 's borders today includes
5005-514: Is the pale brown Zanci layer, which was laid down mostly between 25,000 and 15,000 years ago. The Mungo layer, which was deposited during the last glacial period , is archaeologically the richest. Although this layer corresponds with a time of low rainfall and cooler weather, more rainwater ran off the western side of the Great Dividing Range during that period, keeping the lake full and teeming with fish and waterbirds. It supported
5148-527: Is the right to hunt, gather, teach and perform cultural activities and ceremonies, and allow the young people to connect with their land. In March 2023, 8578.35 kilometres along the coast of the Grey River in Victoria. The case was the first Native Title case heard in the state of Victoria for 10 years. At the Federal Court at Warnambool designated the land as native title rights. Native title concerns
5291-492: The CC BY 4.0 license. Traditional owners Native title is the set of rights, recognised by Australian law , held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title rights were first recognised as a part of Australian common law with the decision of Mabo v Queensland (No 2) in 1992. The doctrine
5434-490: The CSIRO stressed the importance of taking a demand-driven approach to services in desert settlements, and concluded that "if top-down solutions continue to be imposed without appreciating the fundamental drivers of settlement in desert regions, then those solutions will continue to be partial, and ineffective in the long term." [REDACTED] This article incorporates text by Anders Bergström et al. available under
5577-611: The Federal Court of Australia recognised the native title rights of the Gurindji people to 5,000 square kilometres (1,900 sq mi) of the Wave Hill Station, allowing them to receive royalties as compensation from resource companies who explore the area. Justice Richard White said that the determination recognised Indigenous involvement (Jamangku, Japuwuny, Parlakuna-Parkinykarni and Yilyilyimawu peoples) with
5720-460: The Fraser government as the Aboriginal Land Rights Act 1976 , which established a procedure to transfer almost 50 per cent of land in the Northern Territory (around 600,000 km2) to collective Aboriginal ownership. The Fraser government continued to implement many of the previous government's initiatives, under the description "self-management" rather than self-determination. In 1979, Paul Coe ,
5863-534: The Howard government . The amendments substantially restricted Native Title by narrowing the right to negotiate and extinguishing Native Title on most pastoral and mining leases granted before 1994. Yorta Yorta v Victoria , addressed a native title claim by the Yorta Yorta Aboriginal people of north central Victoria , which was dismissed by Justice Olney of the Federal Court in 1998. Appeals to
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6006-590: The Initial Upper Paleolithic . They are most closely related to other Oceanians , such as Melanesians . The Aboriginal Australians also show affinity to other Australasian populations, such as Negritos , as well as to East Asian peoples . Phylogenetic data suggests that an early initial eastern lineage (ENA) trifurcated somewhere in South Asia , and gave rise to Australasians (Oceanians), Ancient Ancestral South Indian (AASI), Andamanese and
6149-597: The Kimberley region, south of Broome . Land rights were recognised over 31,000 square kilometres (12,000 sq mi) of land (half the size of Tasmania) via an ILUA on 5 July 2011. In May 2004, following the passage of special legislation, South Australian Premier Mike Rann handed back title to 21,000 square kilometres of land to the Maralinga Tjarutja and Pila Nguru people. The land, 1,000 kilometres (620 mi) north-west of Adelaide and abutting
6292-656: The Kimberley region in what is now Western Australia about 60,000 years ago. They migrated across the continent within 6,000 years. A 2018 study using archaeobotany dated evidence of continuous human habitation at Karnatukul (Serpent's Glen) in the Carnarvon Range in the Little Sandy Desert in WA from around 50,000 years ago. Genetic studies have revealed that Aboriginal Australians largely descended from an Eastern Eurasian population wave during
6435-552: The National Native Title Tribunal . After the Mabo decision it was uncertain as to whether the granting of pastoral leases would extinguish native title. The Wik Decision in 1996 clarified the uncertainty. The court found that the statutory pastoral leases (which cover some 40% of the Australian land mass) under consideration by the court did not bestow rights of exclusive possession on the leaseholder. As
6578-539: The Native Title Act by the Australian Law Reform Commission reported that "Courts have indicated that native title is not to be understood in terms equivalent to common law property interests, but they often still tend to draw on these concepts... The prevailing view of the nature and content of native title is hybrid, drawing on traditional laws and customs for content, but also at times idiosyncratically adopting common law terms to describe
6721-539: The Native Title Act 1993 , is a body that applies the "registration test" to all new native title claimant applications, and undertakes future act mediation and arbitral functions. The Attorney-General's Department advises the Australian Government on legal and legal-policy regarding on native title, and assists the Attorney-General to administer the Native Title Act 1993 . According to
6864-683: The Northern Territory to study their genetic makeup (which is not representative of all Aboriginal peoples in Australia). The study concluded that the Warlpiri are descended from ancient Asians whose DNA is still somewhat present in Southeastern Asian groups, although greatly diminished. The Warlpiri DNA lacks certain information found in modern Asian genomes, and carries information not found in other genomes. This reinforces
7007-633: The Northern Territory . Prime Minister Gough Whitlam introduced a new policy of Aboriginal self-determination , and initiatives such as the Aboriginal Land Fund and the National Aboriginal Consultative Committee was set up. The latter consisted of elected Aboriginal representatives, who would advise the Minister of Aboriginal Affairs. The Whitlam government introduced legislation later passed by
7150-517: The Pleistocene epoch and lived over large sections of the Australian continental shelf when the sea levels were lower. At that time, Australia, Tasmania and New Guinea were part of the same landmass, known as Sahul . As sea levels rose, the people on the Australian mainland and nearby islands became increasingly isolated, some on Tasmania and some of the smaller offshore islands when
7293-627: The Rainbow Serpent , Baiame , Dirawong and Bunjil . Similarly, the Arrernte people of central Australia believed that humanity originated from great superhuman ancestors who brought the sun, wind and rain as a result of breaking through the surface of the Earth when waking from their slumber. Taken as a whole, Aboriginal Australians, along with Torres Strait Islander people, have a number of health and economic deprivations in comparison with
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#17327721858507436-740: The Supreme Court of the Northern Territory , Justice Richard Blackburn explicitly rejected the concept of native title, ruling against the claimants on a number of issues of law and fact. In the wake of Milirrpum and the election of the Whitlam government in 1972, the Aboriginal Land Rights Commission (also known as the Woodward Royal Commission) was established in 1973 to inquire into appropriate ways to recognise Aboriginal land rights in
7579-622: The Western Australia border, was then called the Unnamed Conservation Park. It is now known as Mamungari Conservation Park . It includes the Serpentine Lakes , and was the largest land return since 1984. At the 2004 ceremony Rann said the return of the land fulfilled a promise he made to Archie Barton in 1991 when he was Aboriginal Affairs Minister, after he passed legislation to return lands including
7722-530: The World Heritage listed Willandra Lakes Region . Sediments at Lake Mungo have been deposited over more than 100,000 years. There are three distinct layers of sands and soil forming the Walls around the edge of the lake. The oldest is the reddish Gol Gol layer, formed between 100,000 and 120,000 years ago. The middle greyish layer is the Mungo layer, deposited between 50,000 and 25,000 years ago. The most recent
7865-514: The exodus of the original (perhaps remarkably small) group of humans who left Africa via the middle-East. In 2001, mitochondrial DNA (mtDNA) from the Lake Mungo 3 (LM3) skeleton was published and compared with several other sequences. It was found to have more than the expected number of sequence differences when compared to European human DNA ( CRS ). Comparison of the mitochondrial DNA with that of ancient and modern Aboriginal peoples led to
8008-726: The 1970s and 1980s, when Aboriginal people moved to tiny remote settlements on traditional land, brought health benefits, but funding them proved expensive, training and employment opportunities were not provided in many cases, and support from governments dwindled in the 2000s, particularly in the era of the Howard government . Indigenous communities in remote Australia are often small, isolated towns with basic facilities, on traditionally owned land . These communities have between 20 and 300 inhabitants and are often closed to outsiders for cultural reasons. The long-term viability and resilience of Aboriginal communities in desert areas has been discussed by scholars and policy-makers. A 2007 report by
8151-514: The 1974 discovery and subsequent research. All these were added to the Library's Indigenous Collecting Strategy and can be heard and transcribed through the Amplify website. In 1989, the skeleton of a child believed to be contemporary with Mungo man was discovered. Investigation of the remains was blocked by the 3TTG with the remains subsequently protected but remaining in-situ . An adult skeleton
8294-677: The 19th century. Scholars believe that most Aboriginal Australians originated from Southeast Asia. If this is the case, Aboriginal Australians were among the first in the world to have completed sea voyages. A 2017 paper in Nature evaluated artefacts in Kakadu . Its authors concluded "Human occupation began around 65,000 years ago." A 2021 study by researchers at the Australian Research Council Centre of Excellence for Australian Biodiversity and Heritage has mapped
8437-575: The Attorney-General's Department: There are fundamental differences between land rights and native title . Land rights are rights created by the Australian , state or territory governments. Land rights usually consist of a grant of freehold or perpetual lease title to Indigenous Australians . By contrast, native title arises as a result of the recognition, under Australian common law, of pre-existing Indigenous rights and interests according to traditional laws and customs . Native title
8580-401: The Australian continent. Lake Mungo is a dry lake located in south-eastern Australia, in the south-western portion of New South Wales . It is about 760 kilometres (470 mi) due west of Sydney and 90 kilometres (56 mi) north-east of Mildura , and 110 kilometres north-west of Balranald . The lake is the central feature of Mungo National Park , and is one of seventeen lakes in
8723-596: The Crown; and rights over the land may range from access and usage rights to rights of exclusive possession. Native title rights and interests are based on laws and customs that pre-date the British acquisition of sovereignty; they are distinct from the rights granted by government such as statutory land rights of the kind found in the Land Rights Act . Native title rights and interests may exist over land and waters to
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#17327721858508866-496: The Dreaming . Studies of Aboriginal groups' genetic makeup are ongoing, but evidence suggests that they have genetic inheritance from ancient Asian but not more modern peoples. They share some similarities with Papuans , but have been isolated from Southeast Asia for a very long time. They have a broadly shared, complex genetic history, but only in the last 200 years were they defined by others as, and started to self-identify as,
9009-620: The East/Southeast Asian lineage, including ancestors of the Native Americans . Papuans may have received approximately 2% of their geneflow from an earlier group (xOOA) as well, next to additional archaic admixture in the Sahul region. Aboriginal people are genetically most similar to the indigenous populations of Papua New Guinea , and more distantly related to groups from East Indonesia. They are more distinct from
9152-578: The Federal Court to determine who may mediate a claim, whether that be the court itself, the Native Title Tribunal, or otherwise. Northern Territory v Mr Griffiths and Lorraine Jones was a 2018 High Court of Australia case, ruled in 2019, regarding land around Timber Creek, Northern Territory , involving a compensation claim by Ngaliwurru and Nungali lands surrounding Timber Creek. It related to various earlier cases since 1997. Described as "the most significant [case]… since Mabo ",
9295-507: The Federal Court, which may also order mediation by other agencies or persons. The purpose of mediation is to assist parties to clarify the issues in dispute, to explore options for settlement and to reach agreement. Mediation is a structured process, with the intention of a mutually agreed outcome rather than having a decision imposed by a judge. Alternative settlements (also termed "broader settlements" ) may be negotiated out of court, often being resolved more quickly and efficiently than via
9438-580: The Full Bench of the Federal Court in 2001, and the High Court in 2002 were also dismissed. The determination by Justice Olney in 1998 ruled that the 'tide of history' had 'washed away' any real acknowledgement of traditional laws and any real observance of traditional customs by the applicants. The 2002 High Court decision adopted strict requirements of continuity of traditional laws and customs for native title claims to succeed. Ward v Western Australia (1998) addressed an application made on behalf of
9581-409: The High Court decided the Blue Mud Bay sea rights case , establishing a precedent for sea rights over an intertidal zone for the first time. The Yolngu people of Baniyala were involved in this case, which involved Blue Mud Bay in East Arnhem Land . In 2007 the Howard government passed the Native Title Amendment Act 2007 , and the Native Title Amendment (Technical Amendments) Act 2007,
9724-411: The High Court ruled for the first time on compensation for the extinguishment of native title in Australia. It is considered a "landmark" native title case, because the clauses contained within the Native Title Act 1993 pertaining to the determination of compensation payable due to the extinguishment of native title had never been heard before in the High Court. Yamatji Marlpa Aboriginal Corporation
9867-705: The Holocene ( c. 4,200 years ago). The researchers had two theories for this: either some Indians had contact with people in Indonesia who eventually transferred those Indian genes to Aboriginal Australians, or a group of Indians migrated from India to Australia and intermingled with the locals directly. However, a 2016 study in Current Biology by Anders Bergström et al. excluded the Y chromosome as providing evidence for recent gene flow from India into Australia. The study authors sequenced 13 Aboriginal Australian Y chromosomes using recent advances in gene sequencing technology. They investigated their divergence times from Y chromosomes in other continents, including comparing
10010-474: The Indigenous land use agreement or, in Victoria, a settlement under the Traditional Owner Settlement Act 2010 (TOSA). Alternative settlements agreements can be made alongside the Native Title Act , but usually the traditional owners are required to withdraw any existing native title claims. Such settlements can include any matters agreed to by all parties, which may included recognition of traditional owner rights, grants of freehold for specified purposes, or
10153-400: The Miriuwung and Gajerrong people of the east Kimberly, over land in Western Australia and the Northern Territory. Justice Malcolm Lee of the Federal Court ruled in their favour in recognition of the native title. Western Australia appealed the decision to the Full Court of the Federal Court, then to the High Court. The High Court held in Western Australia v Ward that native title is
10296-458: The Mungo people) to collaborate on a final determination of the skeleton's age. They reached a consensus that LM3 is about 40,000 years old. This age largely corresponds with stratigraphic evidence using four different dating methods. The age of 40,000 years is currently the most widely accepted age for the LM3, making LM3 the second oldest modern human fossil east of India. The study also found that LM1
10439-859: The Northern, Southern and Central cultural areas. The Northern and Southern areas, having richer natural marine and woodland resources, were more densely populated than the Central area. There are various other names from Australian Aboriginal languages commonly used to identify groups based on geography , known as demonyms , including: Other group names are based on the language group or specific dialect spoken . These also coincide with geographical regions of varying sizes. A few examples are: However, these lists are neither exhaustive nor definitive, and there are overlaps. Different approaches have been taken by non-Aboriginal scholars in trying to understand and define Aboriginal culture and societies, some focusing on
10582-713: The Philippines known as Mamanwa . This study confirms Aboriginal Australians as one of the oldest living populations in the world. They are possibly the oldest outside Africa, and they may have the oldest continuous culture on the planet. A 2016 study at the University of Cambridge suggests that it was about 50,000 years ago that these peoples reached Sahul (the supercontinent consisting of present-day Australia and its islands and New Guinea ). The sea levels rose and isolated Australia about 10,000 years ago, but Aboriginal Australians and Papuans diverged from each other genetically earlier, about 37,000 years BP, possibly because
10725-447: The US case of Cherokee Nation v Georgia (1831) . However, the substantive issue of continuing land rights was not heard due to the lack of precision, vagueness and other serious deficiencies with the statement of claim presented to the court. Justice Gibbs said, at paragraph 21, 'The question what rights the aboriginal people of this country have, or ought to have, in the lands of Australia
10868-472: The absence of the original deposit that once lay above the burial, a minimum age for the burial has not been established, only a possible maximum. In 2003, Professor Bowler led a project bringing together a multi-disciplinary team of Australian expert groups (comprising four Australian universities, the NSW National Parks & Wildlife Service and the CSIRO , as well as including descendants of
11011-444: The ancient people expanded and differentiated into distinct groups, each with its own language and culture. More than 400 distinct Australian Aboriginal peoples have been identified, distinguished by names designating their ancestral languages, dialects, or distinctive speech patterns. According to noted anthropologist , archaeologist and sociologist Harry Lourandos , historically, these groups lived in three main cultural areas,
11154-622: The conclusion that Mungo Man fell outside the range of genetic variation seen in Australian Aboriginal people, and was used to support the multiregional origin of modern humans hypothesis. These results proved politically controversial, and several scientific concerns were raised over the validity of the results and analysis. With the consent of the Willandra Lakes World Heritage Area Aboriginal Elders Committee,
11297-485: The continuing connection of Indigenous People to land, independent from a grant from the Crown. Native title would continue to exist as long as traditional laws and customs continue to be observed, unless the rights were otherwise extinguished by an incompatible grant by the Crown. Justice Gerard Brennan in this landmark decision stated: However, when the tide of history has washed away any real acknowledgment of traditional law and any real observance of traditional customs,
11440-662: The corpse was burned, then smashed, then burned a second time before being liberally covered with ochre , sourced from a location several hundred kilometres from the site. The bones were unconditionally repatriated in 1992 to the traditional owners , an alliance called the Three Traditional Tribal Groups (3TTG), consisting of the Paakantji , the Muthi Muthi , and the Ngiyampaa . LM1 had become
11583-739: The court dispassionately, lucidly and in proper form'. The South Australian Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 was introduced by Premier Don Dunstan in November 1978, several months prior to his resignation from Parliament. An amended bill, following extensive consultation, was passed by the Tonkin Liberal government in March 1981. This legislation gave significant rights well in advance of any other to date in Australia. In 1981, SA Premier Tonkin returned 102,650 square kilometres (39,630 sq mi) of land (10.2% of
11726-445: The court process under the Native Title Act . They can give traditional owner group recognition in areas where native title rights have been extinguished, or where it is difficult for a group to prove that it persists. Such agreements are resolved through negotiation, and recognition of traditional ownership and various other land rights in land may be achieved without an actual native title determination. Examples of such arrangements are
11869-610: The decision of the High Court. The claimants reached an agreement about the claim area and a determination was made in 2003. "Exclusive possession native title was recognised over Lacrosse Island , Kanggurru Island, Aboriginal reserves within the Kununurra townsite, Glen Hill pastoral lease and Hagan Island. Non-exclusive rights were recognised over a number of areas including islands in Lake Argyle." Yarmirr v Northern Territory (2001), addressed an application made on behalf of
12012-519: The deep split between Leang Panninge and Aboriginal/Papuans. Mallick et al. 2016 and Mark Lipson et al. 2017 study found the bifurcation of Eastern Eurasians and Western Eurasians dates to least 45,000 years ago, with indigenous Australians nested inside the Eastern Eurasian clade. Two genetic studies by Larena et al. 2021 found that Philippines Negrito people split from the common ancestor of Aboriginal Australians and Papuans before
12155-497: The desert-dwelling Pitjantjatjara people compared with a group of European people showed that the cooling adaptation of the Aboriginal group differed from that of the white people, and that they were able to sleep more soundly through a cold desert night. A 2014 Cambridge University study found that a beneficial mutation in two genes which regulate thyroxine , a hormone involved in regulating body metabolism , helps to regulate body temperature in response to fever. The effect of this
12298-433: The discovery of LM3, further archeological finds at Lake Mungo suggest that human occupation of the area dates as far back as 46,000–50,000 years ago. The skeleton had belonged to an individual who, based on evidence of osteoarthritis in the lumbar vertebrae , eburnation , and severe wear on the teeth with pulp exposure, was about 50 years old when he died. The bone structure had a gracile character, which contrasts with
12441-493: The extent that they are consistent with other rights established over the land by law or executive action. According to the National Native Title Tribunal (2013): "The native title rights and interests held by particular Aboriginal people will depend on both their traditional laws and customs and what interests are held by others in the area concerned. Generally speaking, native title must give way to
12584-474: The foundation of native title has disappeared. Thus although over some parts of Australia native title has been lost, in large areas of the nation's interior, native title could be recognised. As Justice Brennan stated in Mabo (No. 2) , "native title has its origin and is given its content by the traditional laws acknowledged by and the customs observed by the Aboriginal inhabitants of a territory". One year after
12727-714: The haplogroup C chromosomes. They found a divergence time of about 54,100 years between the Sahul C chromosome and its closest relative C5, as well as about 54,300 years between haplogroups K*/M and their closest haplogroups R and Q. The deep divergence time of 50,000-plus years with the South Asian chromosome and "the fact that the Aboriginal Australian Cs share a more recent common ancestor with Papuan Cs" excludes any recent genetic contact. The 2016 study's authors concluded that, although this does not disprove
12870-401: The idea of ancient Aboriginal isolation. Genetic data extracted in 2011 by Morten Rasmussen et al., who took a DNA sample from an early-20th-century lock of an Aboriginal person's hair, found that the Aboriginal ancestors probably migrated through South Asia and Maritime Southeast Asia , into Australia, where they stayed. As a result, outside of Africa, the Aboriginal peoples have occupied
13013-653: The increased suicide rate, many researchers have suggested that the inclusion of more cultural aspects into suicide prevention programs would help to combat mental health issues within the community. Past studies have found that many indigenous leaders and community members, do in fact, want more culturally-aware health care programs. Similarly, culturally-relative programs targeting indigenous youth have actively challenged suicide ideation among younger indigenous populations, with many social and emotional wellbeing programs using cultural information to provide coping mechanisms and improving mental health. The outstation movement of
13156-511: The indigenous populations of Borneo and Malaysia , sharing drift with them than compared to the groups from Papua New Guinea and Indonesia. This indicates that populations in Australia were isolated for a long time from the rest of Southeast Asia. They remained untouched by migrations and population expansions into that area, which can be explained by the Wallace line . In a 2001 study, blood samples were collected from some Warlpiri people in
13299-423: The interaction of two systems of law: Native title is the term adopted in Australian law to describe the rights to land and waters possessed by Indigenous Australians under their customary laws that are recognised by the Australian legal system. Native title is able to be possessed by a community or individual depending on the content of the traditional laws and customs; it is inalienable other than by surrender to
13442-572: The islands of Tasmania , K'gari (previously Fraser Island) , Hinchinbrook Island , the Tiwi Islands , Kangaroo Island and Groote Eylandt . Indigenous people of the Torres Strait Islands, however, are not Aboriginal. In the 2021 census , people who self-identified on the census form as being of Aboriginal and/or Torres Strait Islander origin totalled 812,728 out of a total of 25,422,788 Australians, equating to 3.2% of Australia's population and an increase of 163,557 people, or 25.2%, since
13585-474: The land "at least since European settlement and probably for millennia". The court sitting took place nearly 800 kilometres (500 mi) south of Darwin, and descendants of Vincent Lingiari and others involved in the Wave Hill walk-off celebrated the determination. The owners will participate in the mining negotiations and exploration work, from which royalties may flow in the future, but just as important
13728-615: The land mass, as well as about 5,435 km (2,098 sq mi) of sea. Native title in Australia frequently involves mediation between native title parties and other groups with an interest in native title, such as the Australian Government, state and territory governments, miners and pastoralists. Amendments to the NTA made in 2012 meant that the NNTT would henceforth only conduct native title claim mediation by referral from
13871-455: The land was inundated at the start of the Holocene , the inter-glacial period that started about 11,700 years ago. Scholars of this ancient history believe that it would have been difficult for Aboriginal people to have originated purely from mainland Asia. Not enough people would have migrated to Australia and surrounding islands to fulfill the beginning of the size of the population seen in
14014-406: The last 10,000 years it may have occurred—newer analytical techniques have the potential to address such questions. Bergstrom's 2018 doctoral thesis looking at the population of Sahul suggests that other than relatively recent admixture, the populations of the region appear to have been genetically independent from the rest of the world since their divergence about 50,000 years ago. He writes "There
14157-524: The latter two diverged from each other, but after their common ancestor diverged from the ancestor of East Asian peoples . The dingo reached Australia about 4,000 years ago. Near that time, there were changes in language (with the Pama-Nyungan language family spreading over most of the mainland), and in stone tool technology. Smaller tools were used. Human contact has thus been inferred, and genetic data of two kinds have been proposed to support
14300-496: The likely migration routes of the peoples as they moved across the Australian continent to its southern reaches and what is now Tasmania , then part of the mainland. The modelling is based on data from archaeologists , anthropologists , ecologists , geneticists , climatologists , geomorphologists , and hydrologists . It is intended to compare this data with the oral histories of Aboriginal peoples, including Dreaming stories, Australian rock art , and linguistic features of
14443-423: The many Aboriginal languages which reveal how the peoples developed separately. The routes, dubbed "superhighways" by the authors, are similar to current highways and stock routes in Australia. Lynette Russell of Monash University believes that the new model is a starting point for collaboration with Aboriginal people to help reveal their history. The new models suggest that the first people may have landed in
14586-403: The micro-level (tribe, clan, etc.), and others on shared languages and cultural practices spread over large regions defined by ecological factors. Anthropologists have encountered many difficulties in trying to define what constitutes an Aboriginal people/community/group/tribe, let alone naming them. Knowledge of pre-colonial Aboriginal cultures and societal groupings is still largely dependent on
14729-440: The morphology of modern Indigenous Australians. Parts of the skeleton had deteriorated in situ: substantial portions of the skull were missing and most of the bones in the limbs have suffered surface damage. Determination of LM3's sex was initially difficult, due to the deterioration of the skull and pelvis bones, which normally carry many features used for this purpose. Nevertheless, studies of other features suggest strongly that
14872-513: The nature or character of the rights". It is a complex area of law. The Act continues to be reviewed and amended. The National Native Title Register (NNTR), maintained by the NNTT, is a register of approved native title determinations. A determination can be that native title does or does not exist. As part of the determination of native title, native title groups are required to nominate a Native Title Prescribed Body Corporate to hold (as trustee) or manage (as agent) their native title. Following
15015-411: The observers' interpretations, which were filtered through colonial ways of viewing societies. Some Aboriginal peoples identify as one of several saltwater, freshwater, rainforest or desert peoples . The term Aboriginal Australians includes many distinct peoples who have developed across Australia for over 50,000 years. These peoples have a broadly shared, though complex, genetic history, but it
15158-418: The oldest continuous cultures in the world, although this is disputed. At the time of European colonisation of Australia, the Aboriginal people consisted of complex cultural societies with more than 250 languages and varying degrees of technology and settlements. Languages (or dialects) and language-associated groups of people are connected with stretches of territory known as "Country", with which they have
15301-638: The oldest living populations in the world, certainly the oldest outside of Africa." Their ancestors left the African continent 75,000 years ago. They may have the oldest continuous culture on earth. In Arnhem Land in the Northern Territory , oral histories comprising complex narratives have been passed down by Yolngu people through hundreds of generations. The Aboriginal rock art , dated by modern techniques, shows that their culture has continued from ancient times. The ancestors of present-day Aboriginal Australian people migrated from Southeast Asia by sea during
15444-421: The original 250–400 Aboriginal languages (more than 250 languages and about 800 dialectal varieties on the continent) are endangered or extinct, although some efforts are being made at language revival for some. As of 2016, only 13 traditional Indigenous languages were still being acquired by children, and about another 100 spoken by older generations only. Dispersing across the Australian continent over time,
15587-420: The other studies had utilised complete Y chromosome sequencing, which has the highest precision. For example, use of a ten Y STRs method has been shown to massively underestimate divergence times. Gene flow across the island-dotted 150-kilometre-wide (93 mi) Torres Strait, is both geographically plausible and demonstrated by the data, although at this point it could not be determined from this study when within
15730-440: The presence of any Holocene gene flow or non-genetic influences from South Asia at that time, and the appearance of the dingo does provide strong evidence for external contacts, the evidence overall is consistent with a complete lack of gene flow, and points to indigenous origins for the technological and linguistic changes. They attributed the disparity between their results and previous findings to improvements in technology; none of
15873-414: The previous census in 2016. Reasons for the increase were broadly as follows: Most Aboriginal people speak English, with Aboriginal phrases and words being added to create Australian Aboriginal English (which also has a tangible influence of Aboriginal languages in the phonology and grammatical structure ). Some Aboriginal people, especially those living in remote areas, are multi-lingual. Many of
16016-593: The published material. The reconstruction and description were mainly done by Alan Thorne at the Australian National University . LM1 was an early human inhabitant of the continent of Australia . Her remains are one of the oldest sets of anatomically modern human remains found in Australia. It represents one of the world's oldest known cremations. The finding implies that complicated burial rituals existed in early human societies. The bones of LM1 are thought to imply that after she died,
16159-604: The recognition of the legal concept of native title in Mabo , the Keating government formalised the recognition by legislation with the enactment by the Australian Parliament of the Native Title Act 1993 . The Act attempted to clarify the legal position of landholders and the processes to be followed for native title to be claimed, protected and recognised through the courts. The Act also established
16302-666: The rejection of native title in Milirrpum v Nabalco was overruled by the High Court in Mabo v Queensland (No 2) , which recognised the Meriam people of Murray Island (Mer) in the Torres Strait as native title holders over part of their traditional lands. The Court rejected the notion that all Indigenous rights to land were abolished upon acquisition of sovereignty over Australia. The Court held that native title rights continued to exist, and that these rights existed by virtue of
16445-487: The remaining land bridge was impassable. This isolation makes the Aboriginal people the world's oldest culture. The study also found evidence of an unknown hominin group, distantly related to Denisovans, with whom the Aboriginal and Papuan ancestors must have interbred, leaving a trace of about 4% in most Aboriginal Australians' genome. There is, however, increased genetic diversity among Aboriginal Australians based on geographical distribution. Carlhoff et al. 2021 analysed
16588-594: The remains and the immediately surrounding soil. However, this estimate was very controversial. The lowest level of the LM3 which are as old as 43,000 years demonstrated that LM3 should not be older than the lowest layer. However, the ANU team had dated the stratum itself to be between 59,000 and 63,000 years old. The problems with using uranium-thorium dating on tooth enamel were criticised. The results from 25 additional OSL tests suggest that LM3 can not be older than 50,000 years BP. According to anthropologist Peter Brown , with
16731-456: The remains were those of an adult male. Subsequent studies using the length of limb bones to estimate LM3's height, suggest a height of 196 centimetres (77 inches or 6 ft 5 in), a height that is unusually tall for modern Aboriginal males. The first estimate of LM3's age was made in 1976 when the team of paleoanthropologists from the Australian National University (ANU) who excavated LM3 published their findings. They estimated that LM3
16874-494: The remains. A new plan of management was delivered by a consultancy in early 2014, but there was no one to implement it. On 24 May 2022 Mungo Lady and Mungo Man were reburied. In a statement, Heritage NSW, which had custody of the remains, said the state government “did not authorise, conduct, or endorse the removal and subsequent burial of any remains on 24 May”. Lake Mungo 3 (LM3) was discovered by ANU geomorphologist Jim Bowler on 26 February 1974 when shifting sand dunes exposed
17017-452: The remains. LM3 was found near Lake Mungo, one of several dry lakes in the southeast part of the continent and 500m east of the LM1 site. The body had been laid out in great ceremony on its back, with knees bent and hands positioned at the groin with the fingers interlocked. Next to the body were the remains of fire. The body had been sprinkled with red ochre , in the earliest known example of such
17160-662: The rights held by others. The capacity of Australian law to recognise the rights and interests held under traditional law and custom will also be a factor... The source of native title is the system of traditional laws and customs of the native title holders themselves." Native title rights and interests may include the right to live in an area or to access it for traditional purposes; to visit and protect sacred sites; to hunt, fish or gather resources; or to teach law and custom. Exclusive possession can only be recognised over certain parts of Australia, such as vacant Crown land , or areas already held by Indigenous Australians. A 2015 review of
17303-613: The sacred Ooldea area (which also included the site of Daisy Bates ' mission camp) to the Maralinga Tjarutja people. The Maralinga Tjarutja lands now total 102,863 square kilometres. The Aboriginal peoples of the Wimmera region of Western Victoria won recognition of their native title on 13 December 2005 after a ten-year legal process commenced in 1995 when they filed an application for a determination of native title in respect of certain land and waters in Western Victoria. It
17446-409: The same land. The Federal Court of Australia arranges mediation in relation to claims made by Aboriginal and Torres Strait Islander peoples, and hears applications for, and makes, native title determinations. Appeals against these determinations can be made to a full sitting of the Federal Court and then to the High Court of Australia . The National Native Title Tribunal (NNTT), established under
17589-406: The same territory continuously longer than any other human populations. These findings suggest that modern Aboriginal Australians are the direct descendants of the eastern wave, who left Africa up to 75,000 years ago. This finding is compatible with earlier archaeological finds of human remains near Lake Mungo that date to approximately 40,000 years ago. The idea of the "oldest continuous culture"
17732-475: The sea and sea-bed; however common law rights of fishing and navigation mean that only non-exclusive native title can exist over the sea. The decision paved the way for other native title applications involving waters to proceed. Nangkiriny v State of Western Australia (2002 & 2004), in which John Dudu Nangkiriny and others were plaintiffs, were cases addressing the claims of the Karajarri people in
17875-496: The skeleton was placed for safekeeping at the National Museum of Australia 's human remains storage facility. Proposals had been ongoing for a facility to be built at Lake Mungo as a "keeping-place" that would allow the ancient remains to be returned to the earth while still allowing access for bona fide research. In November 2017 the remains were returned to Lake Mungo. There had been no agreement or funding by government for
18018-531: The smaller offshore islands and Tasmania when the land was inundated at the start of the Holocene inter-glacial period , about 11,700 years ago. Despite this, Aboriginal people maintained extensive networks within the continent and certain groups maintained relationships with Torres Strait Islanders and the Makassar people of modern-day Indonesia. Aboriginal Australians have a wide variety of cultural practices and beliefs that some scientists believe make up
18161-592: The state's land area) to the Pitjantjara and Yankunytjatjara people. However, it did not give the people the power of veto over mining activities; any disputes would need to be resolved by an independent arbitrator. In 1984 Premier John Bannon 's Labor government passed legislation to return lands to the Maralinga Tjarutja people. The legislation was proclaimed in January 1985 and was followed by
18304-589: The story of creation known as The Dreamtime . Additionally, traditional healers were also custodians of important Dreaming stories as well as their medical roles (for example the Ngangkari in the Western desert ). Some core structures and themes are shared across the continent with details and additional elements varying between language and cultural groups. For example, in The Dreamtime of most regions,
18447-409: The term Aboriginal has changed over time and place, with the importance of family lineage, self-identification and community acceptance all being of varying importance. The term Indigenous Australians refers to Aboriginal Australians and Torres Strait Islander peoples, and the term is conventionally only used when both groups are included in the topic being addressed, or by self-identification by
18590-474: The various Indigenous peoples of the Australian mainland and many of its islands, excluding the ethnically distinct people of the Torres Strait Islands . Humans first migrated to Australia at least 65,000 years ago, and over time formed as many as 500 language-based groups . In the past, Aboriginal people lived over large sections of the continental shelf . They were isolated on many of
18733-517: The wider Australian community. Due to the aforementioned disadvantage, Aboriginal Australian communities experience a higher rate of suicide, as compared to non-indigenous communities. These issues stem from a variety of different causes unique to indigenous communities, such as historical trauma, socioeconomic disadvantage, and decreased access to education and health care. Also, this problem largely affects indigenous youth, as many indigenous youth may feel disconnected from their culture. To combat
18876-678: Was "void and of no effect as against the rights of the Crown" and declared any person on "vacant land of the Crown" without authorization from the Crown to be trespassing. The proclamation was approved by the Colonial Office. The official objection to the Treaty was that Batman had attempted to negotiate directly with the Aboriginal people, whom the British did not recognise as having any claim to any lands in Australia. In 1971, in Milirrpum v Nabalco Pty Ltd (the "Gove land rights case") in
19019-468: Was a similar age to LM3, and not 30,000 years old, as previously thought. The LM1 remains are generally held to be the earliest evidence of human cremation yet discovered. The current mainstream thinking, the recent African origin of modern humans model, suggests that all humans outside of Africa alive today descended from a small group which left Africa at a specific time, currently generally estimated at about 60,000 years ago. This estimate of 60,000 years
19162-470: Was achieved with charcoal from a hearth 15 cm above the burial. Preservation of the remains is poor. Very limited detailed information was published before the bones were unconditionally repatriated to the Indigenous people of Australia in 1992. A lack of a detailed description of the remains along with a limited distribution of casts with no access to the original material makes it difficult to assess
19305-441: Was between 28,000 and 32,000 years old. They did not test LM3's remains directly, but rather established an estimate by stratigraphic comparison with LM1, an earlier set of partially cremated remains also found at Lake Mungo. In 1987, an electron spin resonance test conducted on bone fragments from LM3's skeleton established an estimate of his age at 31,000 years, plus or minus 7,000 years. In 1999 Thermoluminescence dating work
19448-450: Was carried out on quartz from unburnt sediment associated with the LM3 burial site with the selective bleach results indicating a burial older than 24,600 ± 2,400 and younger than 43,300 ± 3,800 years ago. Later Thorne et al. (1999), arrived at a new estimate of 62,000 ± 6,000 years. This estimate was determined by combining data from uranium-thorium dating , electron spin resonance dating and optically stimulated luminescence (OSL) dating of
19591-449: Was discovered in 1968 and is one of the world's oldest known cremations . The remains known as Lake Mungo 2 (LM2) were recovered at the same time as LM1, and consist "...of approximately thirty small fragments, mostly of the cranium and vertebrae". The remains designated Mungo man (LM3) were discovered in 1974, and are dated to around 40,000 years old, the Pleistocene epoch , and are the oldest Homo sapiens (human) remains found on
19734-399: Was exposed by erosion in 2005 but by late 2006 had been completely destroyed by wind and rain. This loss resulted in the Indigenous custodians' receiving a government grant of $ 735,000 to survey and improve the conservation of skeletons, hearths and middens that were eroding from the dunes. Conservation is in-situ and no research is permitted. Mungo National Park can be visited by tourists and
19877-750: Was involved in a large native title claim from 1996, based on the Native Title Act 1993 , resulting in an historic determination in February 2020, involving both native title and an ILUA, covering an area of 48,000 square kilometres (19,000 sq mi) in Western Australia. A claim was lodged in 2016 by the Central Land Council on behalf of the Gurindji peoples in the area, as there were mining interests in area covered by Wave Hill Station 's pastoral lease. On 8 September 2020,
20020-579: Was removed from the site by archaeologists to the Australian National University in Canberra for safe-keeping and research. In 2014, leading up to the 40th anniversary of the discovery of LM3, the traditional owners of the Willandra Lakes, formally requested return and repatriation of the remains. In 2015 ANU handed the remains over to Aboriginal elders at a formal ceremony and expressed "sincere regret" for their removal, recognising this had caused "ongoing grief" to Aboriginal communities. As an interim step,
20163-479: Was subsequently implemented and modified via statute with the Native Title Act 1993 . The concept recognises that in certain cases there was and is a continued beneficial legal interest in land held by Indigenous peoples which survived the acquisition of radical title and sovereignty to the land by the Crown . Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title rights over
20306-529: Was the first judgment recognising native title over a capital city and its surroundings. The claim area itself is part of a much larger area included in the "Single Noongar Claim", covering the south-western corner of Western Australia. An appeal was subsequently lodged and in 2008 the Full Court of the Federal Court upheld parts of the appeal by the Western Australian and Commonwealth governments against Justice Wilcox's judgment. The 2008 decision by
20449-631: Was the first successful native title claim in south-eastern Australia and in Victoria, determined by Justice Ron Merkel involving Wotjobaluk, Jaadwa, Jadawadjali , Wergaia and Jupagalk people. In his reasons for judgment Justice Merkel explained the significance of his orders: In 2005 the Federal Court brought down a judgment recognising the native title of the Noongar people over the Perth metropolitan area. Justice Wilcox found that native title continues to exist within an area in and around Perth. It
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