Mabo v Queensland (No 2)

The High Court of Australia considered the claim of Eddie Mabo and others against the State of Queensland concerning their traditional rights to land on the Murray Islands. The plaintiffs asserted that their people had continuously occupied and possessed the islands according to their traditional laws and customs since before British annexation in 1879. They sought a declaration that their native title to the islands had not been extinguished by the Crown.

The central legal questions before the Court were whether the common law of Australia recognised native title, and if so, whether the doctrine of *terra nullius* applied to the acquisition of sovereignty over Australia, thereby precluding native title. The Court also had to determine whether the actions of the Queensland government, including the enactment of legislation such as the *Land Act 1962* (Qld), had extinguished any native title that might have existed.

The majority of the High Court held that the common law of Australia does recognise native title, which is a form of title originating from the traditional laws and customs of Indigenous peoples. They rejected the notion that Australia was *terra nullius* at the time of settlement, finding that Indigenous peoples had a pre-existing proprietary relationship with the land. The Court determined that native title is not extinguished by the mere assertion of Crown sovereignty but can be extinguished by the Crown's clear and plain intention to do so, through legislation or executive act, for example, by granting freehold title or by appropriating the land for public purposes. The Court found that while the Crown had acquired sovereignty, the *Land Act 1962* (Qld) did not, in its terms, extinguish the native title rights of the Meriam people to the Murray Islands.

The High Court declared that the Meriam people are entitled to the possession, occupation, use and enjoyment of the Murray Islands. The Court remitted the matter to the Supreme Court of Queensland to determine the precise nature and extent of the native title rights and interests.