Queensland Coast Islands Declaratory Act 1985 | |
---|---|
Parliament of Queensland | |
| |
Citation | Queensland Coast Islands Declaratory Act 1985 |
Enacted | 15 April 1985 |
Related legislation | |
Racial Discrimination Act 1975 | |
Status: Repealed |
The Queensland Coast Islands Declaratory Act 1985 was an Act of the Parliament of Queensland, the intent of which was to retroactively abolish native title claims by Torres Strait Islanders to islands off the coast of Queensland, specifically Murray Island. [1] It was passed in response to court proceedings started by the Torres Strait Meriam people led by Eddie Koiki Mabo, who were attempting to have their land claims recognised by the common law. [2] The Act was condemned by supporters of the Indigenous Australian civil rights movement. [3] The act was overturned in the 1988 Mabo v Queensland (No 1) High Court case, which found it inconsistent with the Racial Discrimination Act 1975. [4]
Mabo v Queensland is a landmark decision of the High Court of Australia that recognised the existence of Native Title in Australia. It was brought by Eddie Mabo against the State of Queensland and decided on 3 June 1992. The case is notable for being the first in Australia to recognise pre-colonial land interests of Indigenous Australians within the common law of Australia.
Edward Koiki Mabo was an Indigenous Australian man from the Torres Strait Islands known for his role in campaigning for Indigenous land rights in Australia, in particular the landmark decision of the High Court of Australia that recognised that indigenous rights to land had continued after the British Crown acquired sovereignty and that the international law doctrine of terra nullius was not applicable to Australian domestic law. High court judges considering the case Mabo v Queensland found in favour of Mabo, which led to the Native Title Act 1993 and established native title in Australia, officially recognising the rights of Aboriginal and Torres Strait Islander people in Australia.
The Torres Strait Islands are an archipelago of at least 274 small islands in the Torres Strait, a waterway separating far northern continental Australia's Cape York Peninsula and the island of New Guinea. They span an area of 48,000 km2 (19,000 sq mi), but their total land area is 566 km2 (219 sq mi).
Torres Strait Islanders are the Indigenous Melanesian people of the Torres Strait Islands, which are part of the state of Queensland, Australia. Ethnically distinct from the Aboriginal peoples of the rest of Australia, they are often grouped with them as Indigenous Australians. Today, there are many more Torres Strait Islander people living in mainland Australia than on the Islands.
Murray Island in the Torres Strait Island Region, Queensland, Australia. The island is part of the Murray Island Group in the Torres Strait. The town is on the island's northwest coast and within the locality of Mer Island. The island is of volcanic origin, the most easterly inhabited island of the Torres Strait Islands archipelago, just north of the Great Barrier Reef. The name Meer/Mer/Maer comes from the native Meriam language. In the 2016 census, Murray Island had a population of 453.
Native title refers to 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 in 1992. The doctrine was subsequently implemented and modified via statute with the Native Title Act 1993.
Mabo may refer to:
The second question of the 1967 Australian referendum of 27 May 1967, called by the Holt government, related to Indigenous Australians. Voters were asked whether to give the Commonwealth Parliament the power to make special laws for Indigenous Australians in states, and whether Indigenous Australians should be included in official population counts for constitutional purposes. The term "the Aboriginal Race" was used in the question.
Melanesian Meriam people are an Indigenous Australian group of Torres Strait Islander people who are united by a common language, strong ties of kinship and live as skilled hunter–fisher–gatherers in family groups or clans on a number of inner eastern Torres Strait Islands including Mer or Murray Island, Ugar or Stephen Island and Erub or Darnley Island. The Meriam people are perhaps best known for their involvement in the High Court of Australia's Mabo decision which fundamentally changed land law in Australia - recognising native title.
Mabo v Queensland , was a significant court case decided in the High Court of Australia on 8 December 1988. It found that the Queensland Coast Islands Declaratory Act 1985, which attempted to retrospectively abolish native title rights, was not valid according to the Racial Discrimination Act 1975.
South Sea Islanders, formerly referred to as Kanakas, are the Australian descendants of Pacific Islanders from more than 80 islands – including the Oceanian archipelagoes of the Solomon Islands, New Caledonia, Vanuatu, Fiji, the Gilbert Islands, and New Ireland – who were kidnapped or recruited between the mid to late 19th century as labourers in the sugarcane fields of Queensland. Some were kidnapped or tricked into long-term indentured service. At its height, the recruiting accounted for over half the adult male population of some islands.
Meriam or the Eastern Torres Strait language is the language of the people of the small islands of Mer, Waier and Dauar, Erub, and Ugar in the eastern Torres Strait, Queensland, Australia. In the Western Torres Strait language, Kalaw Lagaw Ya, it is called Mœyam or Mœyamau Ya. It is the only Papuan language in Australian territory.
Yam Island, called Yama or Iama in the Kulkalgau Ya language or Turtle-backed Island in English, is an island of the Bourke Isles group of the Torres Strait Islands, located in the Tancred Passage of the Torres Strait in Queensland, Australia. The island is situated approximately 100 kilometres (62 mi) northeast of Thursday Island and measures about 2 square kilometres (0.77 sq mi). The island is an official locality known as Iama Island within the local government area of Torres Strait Island Region. The town, also called Yam Island, is located on the north-west coast of the island. In the 2021 census, Iama Island had a population of 275 people.
Darnley Island or Erub in the native Papuan language, Meriam Mir, is an island formed by volcanic action and situated in the eastern section of the Torres Strait, Queensland, Australia. It is one of the Torres Strait Islands and is located near the Great Barrier Reef and just south of the Bligh entrance. The town on the island is also called Darnley, but the locality is called Erub Island, both being within the local government area of Torres Strait Island Region. In the 2016 census, Erub Island had a population of 328 people.
The Aboriginals Protection and Restriction of the Sale of Opium Act 1897(Qld), was an Act of the Parliament of Queensland. It was the first instrument of separate legal control over Aboriginal peoples, and was more restrictive than any contemporary legislation operating in other states. It also implemented the creation of Aboriginal reserves to control the dwelling places and movement of the people.
Stephens Island, called Ugar in the local Meriam language, lies in the eastern group of the Torres Strait Islands archipelago of Queensland, Australia. The island is within the locality of Ugar Island within the local government area of the Torres Strait Island Region.
Indigenous Australian customary law refers to the legal systems and practices uniquely belonging to Indigenous Australians of Australia, that is, Aboriginal and Torres Strait Islander people.
Indigenous land rights in Australia, also known as Aboriginal land rights in Australia, are the rights and interests in land of Aboriginal and Torres Strait Islander people in Australia; the term may also include the struggle for those rights. Connection to the land and waters is vital in Australian Aboriginal culture and to that of Torres Strait Islander people, and there has been a long battle to gain legal and moral recognition of ownership of the lands and waters occupied by the many peoples prior to colonisation of Australia starting in 1788, and the annexation of the Torres Strait Islands by the colony of Queensland in the 1870s.
Saibo Mabo was an Australian bishop in the Anglican Church of Australia. He served as an assistant bishop in the Anglican Diocese of North Queensland from 2002 to 2015, and as National Bishop to the Torres Strait Islander people during that time.
Gail Mabo is an Australian visual artist who has had her work exhibited across Australia. She is the daughter of land rights campaigner Eddie Mabo and educator and activist Bonita Mabo. She was formerly a dancer and choreographer.
The Queensland Parliament passed the Queensland Coast Islands Declaratory Act 1985 in an attempt to pre-empt the Meriam peoples' case. The aim of the legislation was to retrospectively extinguish the claimed rights of the Meriam people to the Murray Islands.