Law Reform in Action: Terra Nullius

What is freehold title?

• Land ownership, the ability to exclude people from your land
• Use of land in a traditional lifestyle
• Temporary right to hold land
• Owning your house from the paint in only 

What is native title?

• A book
• The right of Indigenous Australians to use land that they have lived on continuously in the traditional manner
• The right to use the land as you like
• The ability to use the land in the traditional way and exclude people from the land

Which of these were the instructions given to Captain Cook in 1768? 

• Start a war with a foreign nation
• Take possession of inhabited land for the King of England
• Take possession of the land with the consent of the natives
• Take possession of the land without consent of the natives

What is Terra Nullius?

• Null land
• Land belonging to someone, occupied land
• Land belonging to no one, empty land
• The ability to steal someones land because you want to

What was the effect of Terra Nullius in Australia?

• The laws of Australia applied to England
• The Indigenous Australians kept control of the country
• The laws of England would apply assuming they got permission from the natives first
• The laws of England applied and the land belonged to England

What were Captain Cook's legal options if he came to Australia and found people here?

• Declare war OR sign treaties
• Declare war AND declare terra nullius
• Declare terra nullius AND sign treaties
• Sign treaties AND declare war

What was the loophole used by Captain Cook to declare terra nullius in Australia?

• Acknowledged that the natives had churches and fences, but that he could not make a treaty with them
• Acknowledged that the natives had a civilised government but they refused to make treaties
• Acknowledged that there were natives but they had no civilised government he could make treaties with
• Said there were no natives at all here and therefore the land belonged to England

What is the doctrine of reception?

• The laws of England automatically applied - they were received
• The English people were received into the country
• The laws of Australia were received by England

Why was terra nullius an obstacle to native title?

• It extinguished the rights of Indigenous Australians to their land, because they were deemed to be uncivilised and unable to make treaties
• It prohibited native title
• It meant that Indigenous Australians were not believed to have inhabited Australia first
• It meant the Indigenous Australians were alreadu paid for their land

Which case recognised native title?

• Mabo (No. 2)
• Mabo (No. 1)
• Wik
• Gove Land Rights