long time

1.0] ABORIGINAL LAND RIGHTS [1.1] Establishment of Native Title Three basic requirements were enunciated to establish Native Title in Mabo No 2 (1992) 175 CLR 1: 1. There must be an identifiable group, 2. There must be traditional rules and customs, 3. Traditional rules and customs must be in existence so that the group’s connection to the land has been substantially retained If any of these requirements are not met, there can be no native title over the land [1.1.1] Application On the facts the Marla people are an identifiable group maintaining their connection to their traditional land through traditional use. They have continued to practice traditional customs on their lands. [1.2] Extinguishment of Native Title [1.2.1] Fundamental Principles: The legislature and/or the executive may extinguish native title by a clear and plain intention (Mabo No 2 (1992) 175 CLR 1). If the Crown validly alienated the land by granting an interest, wholly or partially inconsistent with native title...