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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