Paradise Lost or a Second Chance?

Abstract

The concept of ‘native title’ was first recognised in Australia by the High Court of Australia in the Mabo decision of 1992. Since that case, there have been a number of court decisions which have had the effect of limiting the scope of the rights protected under the umbrella of native title, the range of people who might successfully claim native title rights and the land under which native title rights might exist. However, indigenous heritage protection laws have the potential to impact to a greater extent than native title on future land use, particularly by the resources industry.