Mabo v Queensland (No 2)

The High Court of Australia heard an application by Eddie Mabo and others against the State of Queensland concerning native title to land on the Murray Islands (Meriam Mer). The applicants sought a declaration that they were entitled to the possession, occupation, use and enjoyment of the Murray Islands. The central dispute revolved around the extinguishment of native title by the Crown's acquisition of sovereignty and subsequent land grants.

The High Court was required to determine whether the common law of Australia recognised native title and, if so, whether native title had been extinguished by the Crown's acquisition of sovereignty over the Murray Islands and by the granting of leases by the Queensland government. The court also had to consider the nature and content of native title and the circumstances in which it might be extinguished.

In a majority decision, the High Court held that the common law of Australia recognised native title, which is a form of title that arises from the traditional laws and customs of Indigenous peoples. The court found that the acquisition of sovereignty by the Crown did not automatically extinguish native title, but rather that native title could only be extinguished by the Crown's exercise of sovereign power in a manner inconsistent with the continued existence of native title rights. The court determined that the granting of leases over the Murray Islands by the Queensland government had extinguished native title in respect of those leased areas. However, the court also held that native title had not been extinguished in respect of areas not subject to such inconsistent grants, and that the traditional inhabitants of the Murray Islands retained native title rights and interests in those areas.

The High Court declared that the native title of the Meriam people had not been extinguished in respect of the Murray Islands, save for those areas where it had been lawfully extinguished by the Crown. The court remitted the matter to the Supreme Court of Queensland to determine the precise extent of the native title rights and interests and to make appropriate declarations.