Mason C.J.
Brennan, Deane, Dawson, Tohey, Gaudron and McHugh JJ.
Eddie Mabo and Ors Plaintiffs
and
The State of Queensland Defendant
Order
In lieu of answering the questions reserved for consideration of
the Full Court,
(1) declare that the land in the Murray Islands is not Crown land
within the meaning of that term in s.5 of the Land Act 1962 (Q.);
(2) putting to one side the Islands of Dauer and Waier and the
parcel of land leased to the Trustees of the Australian Board of
Missions and those parcels of land (if any) which have validly
been appropriated for use for administrative purposes the use of
which is inconsistent with the continued enjoyment of the rights
and privileges of the Meriam people under native title, declare
that the Meriam people are entitled as against the whole word to
possession, occupation, use and enjoyment of the Murray Islands;
(3) declare that the title of the Meriam people is subject to the
power of the Parliament of Queensland and the power of the
Governor in Council of Queensland to extinquish that title by
valid exercise of their respective powers, provided any exercise
of those powers is not inconsistent with the laws of the
Commonwealth.
3 June 1992
F.C. 92/014
Solicitors for the Plaintiffs: Corser & Corser
Solicitors for the Defendant: K.M. O'Shea, Crown Solicitor for
the State of Queensland.
Notice: This copy of the Court's Reasons for Judegement is
subject to formal revision prior to publication in the
Commonwealth Law Reports.
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(Copy of the 218 page Mabo decision can be obtained for $20.00
plus $4.60 postage in Australia from High Court of Australia, Box
2525, G.P.O., Sydney 2001. Phone (02) 230 8369 Fax (02) 230
8376.)
Henry Reynolds has an article "Black-White Watershed" on the Mabo
decision in the Weekend Australian June 6-7 page 22. In that he
says " The High Court has now determined that from the first
moment of settlement the indigenous Australians had native title
in the common law of the empire, even though those rights were
ignored at the time and subsequently extinquished in many parts
of the country. Terra nullius is dead, and with it conventional
interpretations of history which served white interests well..."
See also comments by Queensland Premier Wayne Goss in the Sydney
Morning Herald 9 June. "Land ruling has little effect:Goss"