Aboriginal Land

Description

Native title is a form of land title that recognises the unique ties some Aboriginal groups have to land. Australian law recognises that native title exists where Aboriginal people have maintained a traditional connection to their land and waters, since sovereignty.

The judgment of Dawson J

The majority had rejected Queensland’s argument that annexation delivered to the Crown a proprietary interest in all land. They had likewise rejected the associated argument that any pre-existing native title rights can only continue if recognised by the Crown

Please explain the indentified key factor issues in greater detail.