There is now considerable evidence of Aboriginal techniques of land management and conservation, including the deliberate use of fire,[44] but Aborigines were not in the European sense a pastoral or farming people, if that was what was required. The issue for the Commission in the present Reference is the extent to which Aboriginal customary laws and traditions should be recognised by the Australian legal system now, nearly two hundred years after permanent European entry into Australia. WebWilliam Watson, Baron Watson, PC (25 August 1827 14 September 1899) was a Scottish lawyer and Conservative Party politician. id, 138. Community Wardens and other Forms of Self-Policing, Policing Aboriginal Communities: Conclusions, 33. Only then can the Crown in each of its capacities in Australia establish a legal relationship between its claims to sovereignty and rights in the land. The Distinction Between Settled and Conquered Colonies. Mabo/Cooper V Stuart However it must be The Governor of the colony, before 1824, had made a land grant that 0000001908 00000 n He examined Chief Justice Marshalls famous American judgments on the subject, Storeys Commentaries on the Constitution of the United States, Kents Commentaries on American Law and various Colonial Office documents relating to an attempt by William Wentworth to purchase land from Maori people directly and without the involvement of the Crown.1 The 9 July proceedings centred on the Claims to Grants of Land in New Zealand Bill, which was designed to render null and void Wentworth and others purported purchase of Maori land. By this means the Australian colonies directly inherited a vast body of English statute and common law. Level 8, Waterfront Place, 1 Eagle Street, Brisbane Qld 4000. >> 0000005562 00000 n [27] Justice Blackburn in Milirrpums case put the distinction thus: There is a distinction between settled colonies, where the land, being desert and uncultivated, is claimed by right of occupancy, and conquered or ceded colonies. WebIn Cooper v Stuart (1889) 14 App Cas 286, 29 it was held that Australia was Terra Nullius at the time of annexation and defined Australia.
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william cooper v stuart