90-655: The Sandover Highway is an outback unsealed track in the Northern Territory between the Plenty Highway north of Alice Springs and the Northern Territory / Queensland border. The highway's name is derived from the Sandover River because its alignment follows that of the river. At its western end the road branches north from the Plenty Highway 27 kilometres (17 mi) east of
180-539: 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
270-566: 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
360-497: 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
450-630: 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
540-535: 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
630-470: A long way from anywhere, or a long way away. The well-watered north of the continent is often called the " Top End " and the arid interior "The Red Centre", owing to its vast amounts of red soil and sparse greenery amongst its landscape. The outback is criss-crossed by historic tracks. Most of the major highways have an excellent bitumen surface and other major roads are usually well-maintained dirt roads. The Stuart Highway runs from north to south through
720-523: A low human population density, a largely intact natural environment and, in many places, low-intensity land uses, such as pastoralism (livestock grazing) in which production is reliant on the natural environment. The Outback is deeply ingrained in Australian heritage, history and folklore . In Australian art the subject of the Outback has been vogue, particularly in the 1940s. In 2009, as part of
810-656: 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
900-572: 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
990-469: 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
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#17327929908291080-524: Is a major component of national tourism incomes. Tourism Australia explicitly markets nature-based and Indigenous-led experiences to tourists. In the 2015–2016 financial year, 815,000 visitors spent $ 988 million while on holidays in the Northern Territory alone. There are many popular tourist attractions in the Outback. Some of the well known destinations include Devils Marbles , Kakadu National Park , Kata Tjuta (The Olgas), MacDonnell Ranges and Uluru (Ayers Rock) . Other than agriculture and tourism,
1170-399: Is an Aboriginal homelands area. No permits are needed to travel on the track; however, they are necessary for travellers wishing to visit Aboriginal communities off-track. Although the first part of the track can be negotiated by conventional vehicles, use of a four-wheel drive vehicle is recommended after Ammaroo. Each year the wet season floods the black soil plains at the eastern end of
1260-452: Is claimed that the saloon, named after the nearby Black Stump Run and Black Stump Creek, was an important staging post for traffic to north-west New South Wales and it became a marker by which people gauged their journeys. "The Never-Never " is a term referring to remoter parts of the Outback. The Outback can also be referred to as "back of beyond" or "back o' Bourke ", although these terms are more frequently used when referring to something
1350-622: Is considerable. Major mines and mining areas in the Outback include opals at Coober Pedy , Lightning Ridge and White Cliffs , metals at Broken Hill , Tennant Creek , Olympic Dam and the remote Challenger Mine . Oil and gas are extracted in the Cooper Basin around Moomba . In Western Australia the Argyle diamond mine in the Kimberley was once the world's biggest producer of natural diamonds and contributed approximately one-third of
1440-430: Is full of very important well-adapted wildlife, although much of it may not be immediately visible to the casual observer. Many animals, such as red kangaroos and dingoes , hide in bushes to rest and keep cool during the heat of the day. Birdlife is prolific, most often seen at waterholes at dawn and dusk. Huge flocks of budgerigars , cockatoos , corellas and galahs are often sighted. On bare ground or roads during
1530-511: 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
1620-513: Is in Outback Australia, was fully certified as organic farm production, making Australia the largest certified organic production area in the world. Tourism is a major industry across the Outback, and commonwealth and state tourism agencies explicitly target Outback Australia as a desirable destination for domestic and international travellers. There is no breakdown of tourism revenues for the "Outback" per se . However, regional tourism
1710-492: Is located around 140 km (87 mi) north of Alice Springs on the Sandover Highway. [REDACTED] Australian Roads portal This Northern Territory geography article is a stub . You can help Misplaced Pages by expanding it . Outback The Outback is a remote, vast, sparsely populated area of Australia . The Outback is more remote than the bush . While often envisaged as being arid ,
1800-654: 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
1890-422: 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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#17327929908291980-495: 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
2070-663: Is relied on for mail delivery in some areas, owing to sparse settlement and wet-season road closures. Most outback mines have an airstrip and many have a fly-in fly-out workforce. Most outback sheep stations and cattle stations have an airstrip and quite a few have their own light plane. Medical and ambulance services are provided by the Royal Flying Doctor Service . In 2024 two Regional, Rural and Remote air lines collapsed, namely Bonza and REX . Native title in Australia Native title
2160-527: 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
2250-431: 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 was subsequently implemented and modified via statute with
2340-535: 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
2430-611: 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
2520-460: 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 ,
2610-534: 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
2700-541: 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
2790-552: 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
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2880-539: 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
2970-539: 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
3060-633: 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
3150-651: The Q150 celebrations, the Queensland Outback was announced as one of the Q150 Icons of Queensland for its role as a "natural attraction". Aboriginal peoples have lived in the Outback for at least 50,000 years and occupied all Outback regions, including the driest deserts, when Europeans first entered central Australia in the 1800s. Many Aboriginal Australians retain strong physical and cultural links to their traditional country and are legally recognised as
3240-685: The Stuart Highway . Its total length is 561 kilometres (349 mi) and it passes through semi-arid spinifex deserts and blacksoil Mitchell grass plains. The designated highway finishes just east of Alpurrurulam at the Northern Territory/Queensland border, but the track continues into Queensland for 55 kilometres (34 mi) where it joins the Camooweal Urandangi Road, which runs north to Camooweal . The track crosses Urapuntja lands, which
3330-740: 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
3420-622: 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
3510-557: The Woomera Prohibited Area . Mineral exploration continues as new mineral deposits are identified and developed. 2002 was declared the Year of the Outback. While the early explorers used horses to cross the Outback, the first woman to make the journey riding a horse was Anna Hingley , who rode from Broome to Cairns in 2006. The paucity of industrial land use has led to the Outback being recognised globally as one of
3600-633: 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
3690-544: 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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3780-578: 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 ",
3870-507: 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
3960-563: The Federal Government. While small areas of the outback consist of clay soils the majority has exceedingly infertile palaeosols . Riversleigh , in Queensland, is one of Australia's most renowned fossil sites and was recorded as a World Heritage site in 1994. The 100 km (39 sq mi) area contains fossil remains of ancient mammals, birds and reptiles of Oligocene and Miocene age. The largest industry across
4050-580: 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
4140-661: 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,
4230-411: 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
4320-619: 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
4410-523: 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
4500-416: The Outback regions extend from the northern to southern Australian coastlines and encompass a number of climatic zones, including tropical and monsoonal climates in northern areas, arid areas in the "red centre" and semi-arid and temperate climates in southerly regions. The total population is estimated at 607,000 people. Geographically, the Outback is unified by a combination of factors, most notably
4590-401: The Outback, culminating in successfully reaching the north coast of Australia and returning without the loss of any of the party's members' lives. This contrasts with the ill-fated Burke and Wills expedition in 1860–61 which was much better funded, but resulted in the deaths of three of the members of the transcontinental party. The Overland Telegraph line was constructed in the 1870s along
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#17327929908294680-675: The Outback, in terms of the area occupied, is pastoralism , in which cattle, sheep, and sometimes goats are grazed in mostly intact, natural ecosystems. Widespread use of bore water, obtained from underground aquifers, including the Great Artesian Basin , has enabled livestock to be grazed across vast areas in which no permanent surface water exists naturally. Capitalising on the lack of pasture improvement and absence of fertiliser and pesticide use, many Outback pastoral properties are certified as organic livestock producers. In 2014, 17,000,000 hectares (42,000,000 acres), most of which
4770-484: The Sandover Highway and Alpurrurulam and Lake Nash become completely inaccessible, even to four-wheel drive vehicles. Flooding can also occur after brief but heavy thunderstorms during the dry season. Ammaroo Station has a shop with basic supplies. Fuel is available but there are no camping facilities. Another fuel supply along the track can be found at Arlparra . Woodgreen Station , also known as Atartinga, covers approximately 2,215 km (855 sq mi), and
4860-648: The Traditional Owners of large parts of the Outback under Commonwealth Native Title legislation. Early European exploration of inland Australia was sporadic. More focus was on the more accessible and fertile coastal areas. The first party to successfully cross the Blue Mountains just outside Sydney was led by Gregory Blaxland in 1813, 25 years after the colony was established. People, starting with John Oxley in 1817, 1818 and 1821, followed by Charles Sturt from 1829 to 1830, attempted to follow
4950-447: 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
5040-416: The adverbial phrase referring to the back yard of a house , and came to be used meiotically in the late 1800s to describe the vast sparsely settled regions of Australia behind the cities and towns. The earliest known use of the term in this context in print was in 1869, when the writer clearly meant the area west of Wagga Wagga , New South Wales . Over time, the adverbial use of the phrase was replaced with
5130-524: The centre of the continent, roughly paralleled by the Adelaide–Darwin railway . There is a proposal to develop some of the roads running from the south-west to the north-east to create an all-weather road named the Outback Highway , crossing the continent diagonally from Laverton, Western Australia (north of Kalgoorlie , through the Northern Territory to Winton , in Queensland. Air transport
5220-485: 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,
5310-739: 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
5400-445: 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
5490-610: 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
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#17327929908295580-520: The environment, so time and money is spent eradicating them in an attempt to help protect fragile rangelands. The Outback is home to a diverse set of animal species, such as the kangaroo, emu and dingo. The Dingo Fence was built to restrict movements of dingoes and wild dogs into agricultural areas towards the south east of the continent. The marginally fertile parts are primarily utilised as rangelands and have been traditionally used for sheep or cattle grazing, on cattle stations which are leased from
5670-493: 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
5760-533: 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
5850-423: 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
5940-555: The lack of proper medical facilities and trained personnel. In many outback communities, the number of children is too small for a conventional school to operate. Children are educated at home by the School of the Air . Originally the teachers communicated with the children via radio, but now satellite telecommunication is used instead. Some children attend boarding school, mostly only those in secondary school. The term "outback" derives from
6030-474: 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
6120-615: 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
6210-631: The largest remaining intact natural areas on Earth. Global " Human Footprint " and wilderness reviews highlight the importance of Outback Australia as one of the world's large natural areas, along with the Boreal forests and Tundra regions in North America, the Sahara and Gobi deserts and the tropical forests of the Amazon and Congo Basins. The savanna (or grassy woodlands) of northern Australia are
6300-433: The largest, intact savanna regions in the world. In the south, the Great Western Woodlands , which occupy 16,000,000 hectares (40,000,000 acres), an area larger than all of England and Wales, are the largest remaining temperate woodland left on Earth. Reflecting the wide climatic and geological variation, the Outback contains a wealth of distinctive and ecologically rich ecosystems. Major land types include: The Outback
6390-423: The main economic activity in this vast and sparsely settled area is mining. Owing to the almost complete absence of mountain building and glaciation since the Permian (in many areas since the Cambrian ) ages, the outback is extremely rich in iron, aluminium, manganese and uranium ores, and also contains major deposits of gold, nickel, copper, lead and zinc ores. Because of its size, the value of grazing and mining
6480-513: 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
6570-610: The present day noun form. It is colloquially said that "the outback" is located "beyond the Black Stump ". The location of the black stump may be some hypothetical location or may vary depending on local custom and folklore. It has been suggested that the term comes from the Black Stump Wine Saloon that once stood about 10 kilometres (6.2 mi) out of Coolah, New South Wales on the Gunnedah Road. It
6660-539: 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
6750-666: 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
6840-662: 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
6930-500: The route identified by Stuart. In 1865, the surveyor George Goyder , using changes in vegetation patterns, mapped a line in South Australia , north of which he considered rainfall to be too unreliable to support agriculture. Exploration of the Outback continued in the 1950s when Len Beadell explored, surveyed and built many roads in support of the nuclear weapons tests at Emu Field and Maralinga and rocket testing on
7020-613: 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
7110-409: 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
7200-475: 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
7290-592: 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
7380-492: The westward-flowing rivers to find an "inland sea", but these were found to all flow into the Murray River and Darling River , which turn south. From 1858 onwards, the so-called "Afghan" cameleers and their beasts played an instrumental role in opening up the Outback and helping to build infrastructure. Over the period 1858 to 1861, John McDouall Stuart led six expeditions north from Adelaide, South Australia into
7470-446: The winter, various species of snakes and lizards bask in the sun, but they are rarely seen during the summer months. Feral animals such as camels thrive in central Australia, brought to Australia by pastoralists and explorers, along with the early Afghan drivers . Feral horses known as ' brumbies ' are station horses that have run wild. Feral pigs , foxes , cats , goats and rabbits and other imported animals are also degrading
7560-497: The world's major manganese mines. Aboriginal communities in outback regions, such as the Anangu Pitjantjatjara Yankunytjatjara lands in northern South Australia, have not been displaced as they have been in areas of intensive agriculture and large cities, in coastal areas. The total population of the Outback in Australia declined from 700,000 in 1996 to 690,000 in 2006. The largest decline
7650-516: The world's natural supply, but was closed down in 2020 due to financial reasons. The Pilbara region's economy is dominated by mining and petroleum industries. The Pilbara's oil and gas industry is the region's largest export industry, earning $ 5.0 billion in 2004/05 and accounting for over 96% of the State's production. Most of Australia's iron ore is also mined in the Pilbara and it also has one of
7740-678: 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
7830-544: Was in the Outback Northern Territory , while the Kimberley and Pilbara showed population increases during the same period. The sex ratio is 1040 males for 1000 females and 17% of the total population is indigenous. The Royal Flying Doctor Service (RFDS) started service in 1928 and helps people who live in the outback of Australia. Previously, serious injuries or illnesses often meant death owing to
7920-750: 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,
8010-529: 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
8100-631: 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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