116-584: The Jagera people, also written Yagarr , Yaggera , Yuggera , and other variants, are the Australian First Nations people who speak the Yuggera language. The Yuggera language which encompasses a number of dialects was spoken by the traditional owners of the territories from Moreton Bay to the base of the Toowoomba ranges including the city of Brisbane . There is debate over whether
232-539: 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
348-566: 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
464-405: A humpy , gunyah, or wurley. Clothing included the possum-skin cloak in the southeast, buka cloak in the southwest and riji (pearl shells) in the northeast. There is evidence that some Aboriginal populations in northern Australia regularly traded with Makassan fishermen from Indonesia before the arrival of Europeans. At the time of first European contact, it is generally estimated that
580-497: 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
696-541: A battle with settlers in the area. The ILUA was signed between Toowoomba City Council and a body representing the "Jagera, Yuggera and Ugarapul people" as the traditional owners of the area, in 2008 ( Ilua 2008 ). Australian First Nations Indigenous Australians are people with familial heritage from, and/or recognised membership of, the various ethnic groups living within the territory of present day Australia prior to British colonisation . They consist of two distinct groups, which include many ethnic groups:
812-630: 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
928-535: 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
1044-599: A full sitting of the Federal Court and then to the High Court of Australia . The National Native Title Tribunal (NNTT), established under 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
1160-559: A land bridge between the island and the rest of mainland Australia during the last glacial period . Estimates of the population of the Aboriginal people of Tasmania, before European arrival, are in the range of 3,000 to 15,000 people. However, genetic studies have suggested significantly higher figures, which are supported by Indigenous oral traditions that indicate a decline in population from diseases introduced by British and American sealers before settlement. The original population
1276-656: 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
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#17327725384121392-572: 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
1508-470: 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 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
1624-818: A result of the recognition, under Australian common law, of pre-existing Indigenous rights and interests according to traditional laws and customs . Native title 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
1740-403: 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
1856-687: A single founding Sahul group with subsequent isolation between regional populations which were relatively unaffected by later migrations from the Asian mainland, which may have introduced the dingo 4–5,000 years ago. The research also suggests a divergence from the Papuan people of New Guinea and the Mamanwa people of the Philippines about 32,000 years ago, with a rapid population expansion about 5,000 years ago. A 2011 genetic study found evidence that
1972-633: A sub-group of the Yugarabul was the "Turaubul" (Turrbal) people whose territory included the site of the modern city of Brisbane. According to Steele, the territory of the "Yuggera people" (Jagera) extended south to the Logan river , north almost to Caboolture and west to Toowoomba. However, he considered that Turrbal speakers covered much of Brisbane from the Logan river to the Pine river . Ford and Blake state that
2088-631: A time when changes in tool technology and food processing appear in the Australian archaeological record, suggesting that these may be related. Mallick et al. 2016 and Mark Lipson et al. 2017 study found that the bifurcation of Eastern Eurasian and Western Eurasian dates back to least 45,000 years ago, with Australasians nested inside the Eastern Eurasian clade. Aboriginal Australian men have Haplogroup C-M347 in high frequencies with peak estimates ranging from 60.2% to 68.7%. In addition,
2204-665: Is complex and multi-layered, but a few examples are Anangu in northern South Australia , and neighbouring parts of Western Australia and Northern Territory ; Arrernte in central Australia; Koori (or Koorie) in New South Wales and Victoria ( Aboriginal Victorians ); Goorie (variant pronunciation and spelling of Koori) in South East Queensland and some parts of northern New South Wales; Murri , used in parts of Queensland and northern New South Wales where specific collective names are not used; Tiwi people of
2320-546: Is estimated that people migrated from the Indonesian archipelago and New Guinea to mainland Australia about 70,000 years ago, as of 2020 evidence of human settlement in the Torres Strait has only been uncovered by archaeologists dating back to about 2500 years ago. Aboriginal people in some regions lived as foragers and hunter-gatherers , hunting and foraging for food from the land. Although Aboriginal society
2436-511: 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
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#17327725384122552-464: Is now estimated that all but 13 remaining Indigenous languages are considered endangered. Aboriginal people today mostly speak English, with Aboriginal phrases and words being added to create Australian Aboriginal English (which also has a tangible influence of Indigenous languages in the phonology and grammatical structure). Around three quarters of Australian place names are of Aboriginal origin. The Indigenous population prior to European settlement
2668-422: 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
2784-495: 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
2900-481: Is required. Genetic studies have revealed that Aboriginal Australians largely descended from an Eastern Eurasian population wave during the Initial Upper Paleolithic , and are most closely related to other Oceanians , such as Melanesians . The Aboriginal Australians also show affinity to other Australasian populations, such as Negritos or Ancient Ancestral South Indians groups, such as
3016-625: Is sometimes used as part of a wider social movement (seen in terms such as " Blaktivism " and "Blak History Month" ). The term was coined in 1991 by photographer and multimedia artist Destiny Deacon , in an exhibition entitled Blak lik mi . For Deacon's 2004 exhibition at the Museum of Contemporary Art , blak was defined in a museum guide as: "a term used by some Aboriginal people to reclaim historical, representational, symbolical, stereotypical and romanticised notions of Black or Blackness. Often used as ammunition or inspiration." Deacon said that removing
3132-527: 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
3248-516: Is unlikely as the Indigenous custodians are not expected to allow further invasive investigations. It is generally believed that Aboriginal people are the descendants of a single migration into the continent, a people that split from the ancestors of East Asians. Recent work with mitochondrial DNA suggests a founder population of between 1,000 and 3,000 women to produce the genetic diversity observed, which suggests that "initial colonisation of
3364-744: The Aboriginal Australians of the mainland and many islands, including Tasmania , and the Torres Strait Islanders of the seas between Queensland and Papua New Guinea , located in Melanesia . 812,728 people self-identified as being of Aboriginal and/or Torres Strait Islander origin in the 2021 Australian Census, representing 3.2% of the total population of Australia. Of these Indigenous Australians, 91.4% identified as Aboriginal; 4.2% identified as Torres Strait Islander; while 4.4% identified with both groups. However,
3480-721: The Andamanese people , as well as to East Asian peoples . Phylogenetic data suggests that an early initial eastern non-African (ENA) or East-Eurasian meta-population trifurcated, and gave rise to Australasians (Oceanians), the Ancient Ancestral South Indians, Andamanese and the East/Southeast Asian lineage including the ancestors of Native Americans , although Papuans may have also received some geneflow from an earlier group (xOOA) as well, around 2%, next to additional archaic admixture in
3596-617: The Attorney-General to administer the Native Title Act 1993 . According to 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
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3712-611: 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
3828-460: 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 ,
3944-534: 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
4060-597: 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
4176-500: The Latin ab (from) and origo (origin, beginning). The term was used in Australia as early as 1789 to describe its Aboriginal peoples . It became capitalised and was used as the common term to refer to both Aboriginal and Torres Strait Islanders. Today the latter peoples are not included in this term. The term "Aborigine" (as opposed to "Aboriginal") is often disfavoured, as it is regarded as having colonialist connotations. While
4292-552: 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
4408-539: 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
4524-701: 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
4640-616: The Pila Nguru of Western Australia ). Several settlements of humans in Australia have been dated around 49,000 years ago. Luminescence dating of sediments surrounding stone artefacts at Madjedbebe , a rock shelter in northern Australia, indicates human activity at 65,000 years BP. Genetic studies appear to support an arrival date of 50–70,000 years ago. The earliest anatomically modern human remains found in Australia (and outside of Africa) are those of Mungo Man ; they have been dated at 42,000 years old. The initial comparison of
4756-539: The Sahul region. Rasmussen et al. 2011 shows that Aboriginal Australian have a lower proportion of European alleles compared to Asians, which they believe is indicative of a multiple dispersal model. Genetically, while Aboriginal Australians are most closely related to Melanesian and Papuan people, McEvoy et al. 2010 believed there is also another component that could indicate Ancient Ancestral South Indian admixture or more recent European influence. Research indicates
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4872-740: 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
4988-474: The Tasmanian catastrophe genocide". A woman named Trugernanner (often rendered as Truganini ), who died in 1876, was, and still is, widely believed to be the last of the "full-blooded" Tasmanian Aboriginal people. However, in 1889 Parliament recognised Fanny Cochrane Smith (d. 1905) as the last surviving "full-blooded" Tasmanian Aboriginal person. The 2016 census reported 23,572 Indigenous Australians in
5104-924: The Tiwi Islands off Northern Territory; and Palawah in Tasmania . The largest Aboriginal communities – the Pitjantjatjara , the Arrernte, the Luritja , and the Warlpiri – are all from Central Australia . Throughout the history of the continent, there have been many different Aboriginal groups, each with its own individual language , culture, and belief structure. At the time of British settlement, there were over 200 distinct languages. The Tasmanian Aboriginal population are thought to have first crossed into Tasmania approximately 40,000 years ago via
5220-855: The Turrbal people of the Brisbane area should be considered a subgroup of the Jagera or a separate people. Yuggera belongs to the Durubalic subgroup of the Pama–Nyungan languages , and is sometimes treated as the language of the Brisbane area. However, Turrbal is also sometimes used as the name for the Brisbane language or the Yugerra dialects of the Brisbane area. The Australian English word "yakka" (loosely meaning "work", as in "hard yakka") came from
5336-703: The Wakka Wakka and the Gubbi Gubbi (also written Kabi Kabi or Gabi Gabi) to the north, and that of the Yugambeh and the Bundjalung people to the south. Descendants of both the Jagera (Yugara) and the Turrbal consider themselves traditional custodians of the land over which much of Brisbane is built. Native claim applications were lodged respectively by the Turrbal in 1998 and the Jagera in 2011, and
5452-622: 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
5568-573: The c from black to "de-weaponise the term 'black cunt ' " was "taking on the 'colonisers' language and flipping it on its head". Contemporary Aboriginal arts in the 21st century are sometimes referred to as a "Blak" arts movement, expressed in names such as BlakDance, BlakLash Collective, and the title of Thelma Plum 's song and album, Better in Blak . Melbourne has an annual Blak & Bright literary festival, Blak Dot Gallery, Blak Markets, and Blak Cabaret. Aboriginal peoples of Australia are
5684-435: The didgeridoo . Although there are a number of cultural commonalities among Indigenous Australians, there is also a great diversity among different communities. The 2022 Australian census recorded 167 Aboriginal and Torres Strait Islander languages used at home by some 76,978 Aboriginal and Torres Strait Islander peoples. At the time of European colonisation, it is estimated that there were over 250 Aboriginal languages . It
5800-519: The language group (such as Arrernte ), or demonym relating to geographic area (such as Nunga ), is considered best practice and most respectful. European colonials from their early settlement used the term "Black" to refer to Aboriginal Australians. While the term originally related to skin colour and was often used pejoratively, today the term is used to indicate Aboriginal heritage or culture in general. It refers to any people of such heritage regardless of their level of skin pigmentation. In
5916-409: The message stick . Weapons included boomerangs , spears (sometimes thrown with a woomera ) with stone or fishbone tips, clubs, and (less commonly) axes. The Stone Age tools available included knives with ground edges, grinding devices, and eating containers. Fibrecraft was well-developed, and fibre nets, baskets, and bags were used for fishing, hunting, and carrying liquids. Trade networks spanned
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#17327725384126032-403: The mitochondrial DNA from the skeleton known as Lake Mungo 3 (LM3) with that of ancient and modern Aboriginal peoples indicated that Mungo Man is not related to Australian Aboriginal peoples. However, these findings have been met with a general lack of acceptance in scientific communities. The sequence has been criticised as there has been no independent testing, and it has been suggested that
6148-630: The 1970s, with a rise in Aboriginal activism, leaders such as Gary Foley proudly embraced the term "Black". For example, writer Kevin Gilbert 's book of that time was entitled Living Black . The book included interviews with several members of the Aboriginal community, including Robert Jabanungga , who reflected on contemporary Aboriginal culture. Use of this term varies depending on context, and its use needs care as it may be deemed inappropriate. The term "Black" has sometimes caused confusion as being applied to contemporary African immigrants rather than
6264-460: The 21st century there is consensus that it is important to respect the "preferences of individuals, families, or communities, and allow them to define what they are most comfortable with" when referring to Aboriginal and Torres Strait Islander people. The word ' aboriginal ' has been in the English language since at least the 16th century to mean "first or earliest known, indigenous". It comes from
6380-507: The Aboriginal population. Nevertheless, a population collapse, principally from new infectious diseases, followed European colonisation. A smallpox epidemic spread for three years after the arrival of Europeans. Massacres , frontier armed conflicts and competition over resources with European settlers also contributed to the decline of the Aboriginal peoples. From the 19th to the mid-20th century, government policy removed many mixed heritage children from Aboriginal communities, with
6496-606: The Aboriginal, Papuan and Mamanwa peoples carry some of the alleles associated with the Denisovan peoples of Asia, (not found amongst populations in mainland Asia) suggesting that modern and archaic humans interbred in Asia approximately 44,000 years ago, before Australia separated from New Guinea and the migration to Australia. A 2012 paper reports that there is also evidence of a substantial genetic flow from India to northern Australia estimated at slightly over four thousand years ago,
6612-596: 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
6728-505: 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 ",
6844-507: 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
6960-400: The Federal Court, which on 25 July 2017 rejected both appeals, confirming the 2015 decision that native title does not exist in the greater Brisbane area. An Indigenous land use agreement (ILUA) was signed over the site of the historic 1843 Battle of One Tree Hill , now known as Table Top Mountain , when the warrior Multuggerah from the Ugarapul tribe and a group of men ambushed and won
7076-521: 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
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#17327725384127192-417: The Government has stated that as of 30 June 2021, there are 983,700 Aboriginal and Torres Strait Islander people, representing 3.8% of the total population of Australia, as the "final 2021 Census-based estimated resident population". Of these, 91.7% identified as Aboriginal; 4.0% identified as Torres Strait Islander; 4.3% identified with both groups. The term Aboriginal and Torres Strait Islander peoples or
7308-409: 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,
7424-411: 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
7540-474: 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
7656-437: The Jagera and Turrbal were distinct peoples, the Jagera generally living south of the Brisbane river and the Turrbal mostly living north. At the time of European settlement, the Jagera people comprised local groups each of which had a specific territory. The European names for the locality groups, sometimes called clans, of the Brisbane area include the Coorpooroo, Chepara, Yerongpan and others. Jagera territory adjoined that of
7772-400: 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
7888-423: The Murray. There is some evidence that, before outside contact, some groups of Aboriginal Australians had a complex subsistence system with elements of agriculture, that was only recorded by the first European explorers. One early settler took notes on the life styles of the Wathaurung people whom he lived near in Victoria. He saw women harvesting Murnong tubers, a native yam that is now almost extinct. However,
8004-399: 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
8120-428: The Yuggera language ( yaga , "strenuous work"). According to Tom Petrie , who provided several pages listing words and placenames in the languages spoken in the area of Brisbane ( Mianjin ), yaggaar was the local word for "no". (The word for "no" in Aboriginal languages was often an ethnonymic marker of difference between Aboriginal groups.) Mianjin is a Yuggera/Turrbal word meaning "spike place" or "tulip wood". It
8236-410: The area around the Brisbane River from the Cleveland district west to the dividing range and north to the vicinity of Esk . According to Watson, the "Yugarabul tribe" (Jagera) inhabited the territories from Moreton Bay to Toowoomba to the west, extending almost to Nanango in the northwest. He also describes their territory as "the basins of the Brisbane and Caboolture Rivers " and states that
8352-438: The area that they were harvesting from was already cleared of other plants, making it easier to harvest Murnong (also known as yam daisy) exclusively. Along the northern coast of Australia, parsnip yams were harvested by leaving the bottom part of the yam still stuck in the ground so that it would grow again in the same spot. Similar to many other farmers in the world, Aboriginal peoples used slash and burn techniques to enrich
8468-659: The basal form K2* (K-M526) of the extremely ancient Haplogroup K2 – whose subclades Haplogroup R , haplogroup Q , haplogroup M and haplogroup S can be found in the majority of Europeans, Northern South Asians, Native Americans and the Indigenous peoples of Oceania – has only been found in living humans today amongst Aboriginal Australians. 27% of them may carry K2* and approximately 29% of Aboriginal Australian males belong to subclades of K2b1 , a.k.a. M and S . Aboriginal Australians possess deep rooted clades of both mtDNA Haplogroup M and Haplogroup N . Although it
8584-684: The continent would have required deliberate organised sea travel, involving hundreds of people". Aboriginal people seem to have lived a long time in the same environment as the now extinct Australian megafauna . Some evidence from the analysis of charcoal and artefacts revealing human use suggests a date as early as 65,000 BP. Luminescence dating has suggested habitation in Arnhem Land as far back as 60,000 years BP. Evidence of fires in South-West Victoria suggest "human presence in Australia 120,000 years ago", although more research
8700-536: The continent, and transportation included canoes . Shelters varied regionally, and included wiltjas in the Atherton Tablelands , paperbark and stringybark sheets and raised platforms in Arnhem Land , whalebone huts in what is now South Australia, stone shelters in what is now western Victoria, and a multi-room pole and bark structure found in Corranderrk . A bark tent or lean-to is known as
8816-485: 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,
8932-739: 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
9048-445: 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
9164-610: 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
9280-624: The distinctiveness and importance of Torres Strait Islanders in Australia's Indigenous population. Eddie Mabo was from "Mer" or Murray Island in the Torres Strait. He was a party in the Mabo decision of 1992. Aboriginal and Torres Strait Islander people also sometimes refer to themselves by descriptions that relate to their ecological environment, such as saltwater people for coast-dwellers (including Torres Strait Islander people ), freshwater people , rainforest people , desert people , or spinifex people , (the latter referring to
9396-493: 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
9512-474: 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
9628-504: The generations after colonisation. The word "community" is often used to describe groups identifying by kinship , language , or belonging to a particular place or "country". A community may draw on separate cultural values and individuals can conceivably belong to a number of communities within Australia; identification within them may be adopted or rejected. An individual community may identify itself by many names, each of which can have alternative English spellings. The naming of peoples
9744-425: The indigenous peoples. Living Black is an Australian TV news and current affairs program covering "issues affecting Aboriginal and Torres Strait Islander Australians". It is presented and produced by Karla Grant , an Arrernte woman. A significant number of Aboriginal and Torres Strait Islander people use the term " Blackfella " and its associated forms to refer to Aboriginal Australians. The term blak
9860-516: The intent to assimilate them to what had become the majority white culture. Such policy was judged " genocidal " in the Bringing Them Home report (1997) published by the government in the late 20th century, as it reviewed human rights abuses during colonisation. There are a number of contemporary appropriate terms to use when referring to Indigenous peoples of Australia. In contrast to when settlers referred to them by various terms, in
9976-423: 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
10092-474: 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
10208-447: 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 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
10324-615: 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
10440-681: The last 500 years. The population was split into 250 individual nations, many of which were in alliance with one another, and within each nation there existed separate, often related clans , from as few as 5 or 6 to as many as 30 or 40. Each nation had its own language, and a few had several. Native title in Australia 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
10556-449: The last Ice Age, Australian Aboriginal peoples developed a variety of regional cultures and languages, invented distinct artistic and religious traditions, and affected the environment of the continent in a number of ways through hunting, fire-stick farming , and possibly the introduction of the dog . Technologies for warfare and hunting like the boomerang and spear were constructed of natural materials, as were musical instruments like
10672-451: The more inclusive term "Indigenous Australians". Six percent of Indigenous Australians identify fully as Torres Strait Islanders. A further 4% of Indigenous Australians identify as having both Torres Strait Islander and Aboriginal heritage. The Torres Strait Islands comprise over 100 islands, which were annexed by Queensland in 1879. Many Indigenous organisations incorporate the phrase "Aboriginal and Torres Strait Islander" to highlight
10788-513: 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
10904-438: The nutrients of their soil. However, sheep and cattle later brought over by Europeans would ruin this soil by trampling on it. To add on the complexity of Aboriginal farming techniques, farmers deliberately exchanged seeds to begin growing plants where they did not naturally occur. In fact there were so many examples of Aboriginal Australians managing farm land in a complex manner that Australian Anthropologist, Dr. Norman Tindale
11020-871: The person's specific cultural group, is often preferred, though the terms First Nations of Australia, First Peoples of Australia and First Australians are also increasingly common. Since 1995, the Australian Aboriginal flag and the Torres Strait Islander flag have been official flags of Australia . The time of arrival of the first human beings in Australia is a matter of debate and ongoing investigation. The earliest conclusively human remains found in Australia are those of Mungo Man LM3 and Mungo Lady , which have been dated to around 40,000 years ago, although Indigenous Australians have most likely been living in Australia for upwards of 65,000 years. Isolated for millennia by rising sea water after
11136-441: The pre-1788 population was 314,000, while recent archaeological finds suggest that a population of 500,000 to 750,000 could have been sustained, with some ecologists estimating that a population of up to a million or even two million people was possible. More recent work suggests that Aboriginal populations exceeded 1.2 million 500 years ago, but may have fallen somewhat with the introduction of disease pathogens from Eurasia in
11252-539: 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
11368-666: 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
11484-618: The results may be due to posthumous modification and thermal degradation of the DNA. Although the contested results seem to indicate that Mungo Man may have been an extinct subspecies that diverged before the most recent common ancestor of contemporary humans, the administrative body for the Mungo National Park believes that present-day local Aboriginal peoples are descended from the Lake Mungo remains. Independent DNA testing
11600-662: 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
11716-613: 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
11832-475: 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
11948-411: The state of Tasmania. The Torres Strait Islander people possess a heritage and cultural history distinct from Aboriginal traditions. The eastern Torres Strait Islanders in particular are related to the Papuan peoples of New Guinea , and speak a Papuan language . Accordingly, they are not generally included under the designation "Aboriginal Australians". This has been another factor in the promotion of
12064-592: 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
12180-498: The term "Indigenous Australians" has grown in popularity since the 1980s, many Aboriginal and Torres Strait Islander peoples dislike it. They feel that it is too generic and removes their distinct clan and people identity. However, many people think that the term is useful and convenient, and can be used where appropriate. In recent years, terms such as "First Nations", "First Peoples" and "First Australians" have become more common. Being as specific as possible, for example naming
12296-521: The two separate claims were combined in 2013. In January 2015, Justice Christopher Jessup for the Federal Court of Australia , in Sandy on behalf of the Yugara People v State of Queensland (No 2) , rejected the claims on the basis that under traditional law, which was now lacking, none of the claimants would be considered to have such a land right. The decision was appealed before the full bench of
12412-497: The various peoples indigenous to mainland Australia and associated islands, excluding the Torres Strait Islands. The broad term Aboriginal Australians includes many regional groups that may be identified under names based on local language, locality, or what they are called by neighbouring groups. Some communities, cultures or groups may be inclusive of others and alter or overlap; significant changes have occurred in
12528-678: 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
12644-612: Was able to draw an Aboriginal grain belt, detailing the specific areas where crops were once produced. In terms of aquaculture, explorer Thomas Mitchell noted large stone fish traps on the Darling River at Brewarrina. Each trap covers a pool, herding fish through a small entrance that would later be shut. Traps were created at different heights to accommodate different water levels during floods and droughts. Technology used by Indigenous Australian societies before European contact included weapons, tools, shelters, watercraft, and
12760-456: Was further reduced to around 300 between 1803 and 1833 due to disease, warfare, and other actions of British settlers. Despite more than 170 years of debate over who or what was responsible for this near-extinction, no consensus exists on its origins, process, or whether or not it was genocide. However, according to Benjamin Madley, using the "UN definition, sufficient evidence exists to designate
12876-533: Was generally mobile, or semi-nomadic , moving according to the changing food availability found across different areas as seasons changed, the mode of life and material cultures varied greatly from region to region, and there were permanent settlements and agriculture in some areas. The greatest population density was to be found in the southern and eastern regions of the continent, the River Murray valley in particular. Canoes were made out of bark for use on
12992-750: 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,
13108-464: Was small, with estimates ranging widely from 318,000 to more than 3,000,000 in total. Given geographic and habitat conditions, they were distributed in a pattern similar to that of the current Australian population. The majority were living in the south-east, centred along the Murray River . The First Fleet of British settlers arrived with instructions to "live in amity and kindness" with
13224-529: 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
13340-631: 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
13456-438: Was used for the area now covered by Gardens Point and the Brisbane central business district . The Yuggera word for the Aboriginal people of Brisbane was Miguntyun. Ludwig Leichhardt recorded the name for the land holding area from Gardens Point to Breakfast Creek as Megandsin or Makandschin. The precise territorial boundaries of the Jagera are not clear. Norman Tindale defined the "Jagara" (Jagera) lands as encompassing
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