Queensland Consolidated Acts

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NATIVE TITLE (QUEENSLAND) ACT 1993 - SECT Preamble

Preamble

(1) Before European settlement, land in what is now the State of Queensland had been occupied, used and enjoyed since time immemorial by Aboriginal people in accordance with Aboriginal tradition, and was occupied, used and enjoyed by Torres Strait Islanders in accordance with Island custom.
(2) Land is of spiritual, social, historical, cultural and economic importance to Aboriginal people and Torres Strait Islanders.
(3) After European settlement many Aboriginal people were dispossessed and dispersed.
(4) However, some Aboriginal people and many Torres Strait Islanders have maintained their ancestors’ traditional or customary affiliation with particular areas.
(5) The High Court of Australia has—
• rejected the doctrine that Australia was terra nullius (land belonging to no-one) at the time of European settlement; and
• held that the common law of Australia recognises native title rights of Australia’s indigenous inhabitants; and
• held that native title is extinguished by valid government acts that are inconsistent with the continued existence of native title rights and interests, such as the grant of freehold or leasehold estates.
(6) The Commonwealth Government has proposed legislation to provide a national scheme for the recognition and protection of native title and for its coexistence with the existing land management systems.
(7) It is the intention of the Parliament that Queensland should participate in the national scheme proposed by the Commonwealth Government.



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