Mabo v Queensland (No 2) in the context of "Native title in Australia"

The Native Title Act 1993 (Cth) is an act of the Australian Parliament, the purpose of which is "to provide a national system for the recognition and protection of native title and for its co-existence with the national land management system". The Act was passed by the Keating government following the High Court's decision in Mabo v Queensland (No 2) (1992). The Act commenced operation on 1 January 1994.

Aboriginal Australian identity, sometimes known as Aboriginality, is the perception of oneself as Aboriginal Australian, or the recognition by others of that identity. Aboriginal Australians are one of two Indigenous Australian groups of peoples, the other being Torres Strait Islanders. There has also been discussion about the use of "Indigenous" vs "Aboriginal", or more specific group names (which are many and based on varied criteria), such as Murri or Noongar (demonyms), Kaurna or Yolngu (and subgroups), based on language, or a clan name. Usually preference of the person(s) in question is used, if known.

The term "Aboriginal" was coined by white settlers in Australia in the 1830s, after they began to adopt the term "Australian" to define themselves. No real attempt to define the term legally was made until the 1980s, despite use of the term twice in the 1901 Constitution of Australia, before these were removed following the 1967 referendum. Various legal and administrative definitions have been used over the years. A leading judgment by Justice Brennan in the 1992 Mabo v Queensland (No 2) case (which relates to Indigenous of the Torres Strait exclusively) stated that an Indigenous identity of a person depends on a three-part test: biological descent from the Indigenous people; recognition of the person's membership by that person; and recognition by the elders or other persons enjoying traditional authority among those people. This is still in use today.

Edward Koiki Mabo (/mɑːboʊ/ MAH-bo; né Sambo) (29 June 1936 – 21 January 1992) was an Indigenous Australian man from the Torres Strait Islands known for his role in campaigning for Indigenous land rights in Australia, in particular the landmark decision of the High Court of Australia that recognised that indigenous rights to land had continued after the British Crown acquired sovereignty and that the international law doctrine of terra nullius was not applicable to Australian domestic law. High court judges considering the case Mabo v Queensland (No 2) found in favour of Mabo, which led to the Native Title Act 1993 and established native title in Australia, officially recognising the rights of Aboriginal and Torres Strait Islander people in Australia.