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Four Corners: Balancing opposing views on native title

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Prime Minister Paul Keating and unknown man
Four Corners: Balancing opposing views on native title

SUBJECTS:  Civics and Citizenship, History

YEARS:  9–10


The Mabo decision of 1992 created uncertainty for Aboriginal and Torres Strait Islander peoples, as well as for the mining and pastoral industries.

The Mabo decision of 1992 created uncertainty for Aboriginal and Torres Strait Islander peoples, as well as for the mining and pastoral industries. Public and 'leasehold' land was subject to native title claims.

Listen to the responses of Indigenous leaders and the mining industry as the effects of the High Court decision began to take hold.

This clip is third in a series of six.


Things to think about

  1. 1.In 1992 the High Court acknowledged that Aboriginal and Torres Strait Islander peoples have the right to claim ownership over country in which their families lived prior to British settlement. While it was determined that native title would not apply to land under 'freehold title', it did apply to 'leasehold titles' and public land. The mining and pastoral industries were concerned they would no longer have access to land claimed under native title.
  2. 2.According to the narrator, what did Indigenous leaders want the new native title legislation to offer? What did Hugh Morgan, Director of Western Mining, call for? Did Campbell Anderson, President of the Australian Mining Industry Council, agree? What was Prime Minister Keating's response to the miners' concerns?
  3. 3.Paul Keating asks, 'Could there be co-existence of title? Could you have grazing and a traditional way of life happening concomitantly?' Do you believe it would be possible to have mining or grazing activity occurring on land held under native title? What might prevent this from occurring? Could there be a 'win-win' solution? If so, what might it be?
  4. 4.The Racial Discrimination Act 1975 (RDA) is a national statute that makes racial discrimination unlawful. It overrides all state and territory legislation. Why might it have been in the mining industry's best interests to repeal the Act? The High Court's 1996 Wik judgement found that native title rights could co-exist with pastoralists' rights. In 1998, the Australian Government passed the Native Title Amendment Act in response to it. Find out why this happened.

Date of broadcast: 7 May 2012


Copyright

Metadata © Australian Broadcasting Corporation and Education Services Australia Ltd 2012 (except where otherwise indicated). Digital content © Australian Broadcasting Corporation (except where otherwise indicated). Video © Australian Broadcasting Corporation (except where otherwise indicated). All images copyright their respective owners. Text © Australian Broadcasting Corporation and Education Services Australia is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License (CC BY-SA 4.0).

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