MMP121 Lecture Notes - Lecture 3: Native Title Act 1993, Allodial Title, Terra Nullius

• School: Deakin University
• Department: Business and Law
• Course: MMP121
• Professor: Tom Keel

Document Summary

Refers to the legal regime under which we own land. Doctrine of tenure was derived from the social system of feudalism from william the conqueror in 1066 ad. The murray islanders (meriam people) were claiming a right to the land and waters in in the. The court rejected to notion of terra nullius , the high court considered that common law native title arose by reference to indigenous customs and traditional laws. In that sense, common law native title can only apply to, and be held by, indigenous peoples and their descendants. After this, the doctrine of tenure after mabo was modified to include allodial title ownership independent of landlord/crown) Native title set standards for those dealings; and. Refers to traditional or customary title means the communal, group or individual rights and interests of aboriginal peoples or torres strait islanders in relation to land or waters .