Native title in Australia in the context of "Greater Adelaide"

⭐ In the context of Greater Adelaide, what characteristic initially set it apart from other Australian settlements?

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⭐ Core Definition: Native title in Australia

Native title is the set of rights, recognised by Australian law, held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title rights were first recognised as a part of Australian common law with the decision of Mabo v Queensland (No 2) in 1992. The Native Title Act 1993 subsequently set out the processes for determining native title.

The Court's determination of native title recognises that a continued beneficial legal interest in land held by an Indigenous claim group over identified land survived the Crown's acquisition of radical title and sovereignty. Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title rights over the same land.

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👉 Native title in Australia in the context of Greater Adelaide

Adelaide (/ˈædɪld/ AD-il-ayd; Kaurna: Tarndanya [ˈd̪̥aɳɖaɲa]) is the capital and most populous city of South Australia, as well as the fifth-most populous city in Australia. The name "Adelaide" may refer to either Greater Adelaide (including the Adelaide Hills) or the Adelaide city centre; the demonym Adelaidean is used to denote the city and the residents of Adelaide. The traditional owners of the Adelaide region are the Kaurna, with the name Tarndanya referring to the area of the city centre and surrounding Park Lands, in the Kaurna language. Adelaide is situated on the Adelaide Plains north of the Fleurieu Peninsula, between the Gulf St Vincent in the west and the Mount Lofty Ranges in the east. Its metropolitan area encompasses over 430 suburbs, extending 96 km (60 mi) from Gawler in the north to Sellicks Beach in the south and 20 km (12 mi) from the western coast to the eastern foothills of the Mount Lofty Ranges.

Named in honour of Adelaide of Saxe-Meiningen, wife of King William IV, the city was founded in 1836 as the planned capital for the only freely settled British province in Australia, distinguishing it from Australia's penal colonies. Colonel William Light, one of Adelaide's founding fathers, designed the city centre and chose its location close to the River Torrens. Light's design, now listed as national heritage, set out the city centre in a grid layout known as "Light's Vision", interspaced by wide boulevards and large public squares, and entirely surrounded by park lands. Colonial Adelaide was noted for its leading examples of religious freedom and progressive political reforms and became known as the "City of Churches" due to its diversity of faiths. It was Australia's third-most populous city until the postwar era.

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Native title in Australia in the context of Aboriginal title

Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty to that land by another colonising state. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively.

Aboriginal title is also referred to as indigenous title, native title (in Australia), original Indian title (in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary international law, it has been codified nationally by legislation, treaties, and constitutions.

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

Mabo v Queensland (No 2) (commonly known as the Mabo case or simply Mabo; /mɑːb/ MAH-bo) is a landmark decision of the High Court of Australia that recognised the existence of Native Title in Australia. It was brought by Eddie Mabo and others against the State of Queensland, and decided on 3 June 1992. The case is notable for being the first in Australia to recognise pre-colonial land interests of Indigenous Australians within the common law of Australia.

Mabo is of great legal, historical, and political importance to Aboriginal and Torres Strait Islander Australians. The decision rejected the notion that Australia was terra nullius (i.e. owned by no one) at the time of British settlement, and recognised that Indigenous rights to land existed by virtue of traditional customs and laws and these rights had not been wholly lost upon colonisation.

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Native title in Australia in the context of Lake Eyre

Lake Eyre (/ɛər/ AIR), officially known as Kati Thanda–Lake Eyre, is an endorheic lake in the east-central part of the Far North region of South Australia, some 700 km (435 mi) north of Adelaide. It is the largest ephemeral endorheic lake on the Australian continent, covering over 9,000 km (3,500 sq mi). The shallow lake is the depocentre of the vast endorheic Lake Eyre basin, and contains the lowest natural point in Australia, at approximately 15 m (49 ft) below sea level. The lake is most often empty, filling mostly when flooding occurs upstream in Channel Country, but almost always partially. On the rare occasions that it fills completely (only three times between 1860 and 2025), it is the largest lake in Australia, covering an area of up to 9,500 km (3,668 sq mi). When the lake is full, it has the same salinity as seawater, but becomes hypersaline as the lake dries up and the water evaporates. To the north of the lake is the Simpson Desert.

The lake was named in honour of Edward John Eyre, the first European to see it in 1840. It was officially renamed in December 2012 to include its Aboriginal Arabana name, Kati Thanda, in accordance with a policy of dual naming. The native title over most of the lake and surrounding region is held by the Arabana people, with the eastern portion allocated to the Dieri people.

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Native title in Australia in the context of Ancestral lands

Ancestral domain or ancestral lands are the lands, territories and resources of indigenous peoples, particularly in the Asia-Pacific region. The term differs from indigenous land rights, Aboriginal title or Native Title by directly indicating relationship to land based on ancestry, while domain indicates relationships beyond material lands and territories, including spiritual and cultural aspects that may not be acknowledged in land titles and legal doctrine about trading ownership.

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Native title in Australia in the context of Ngambri

The Ngambri, also known as Kamberri, are an Aboriginal clan or group who claim traditional ownership of the Australian Capital Territory area, but their connection to the land is contested. One reason for this is that Canberra, where Ngambri claims are made, lay close to the tribal boundaries that separated the Ngarigo from the Ngunnawal people (according to Norman Tindale). Other reasons are the dislocation of Aboriginal populations and intertribal marriage and interracial relationships following European settlement, leading to a high proportion of people identifying themselves as Indigenous Australians, but not knowing their traditional origins.

The Ngambri people are represented by a Local Aboriginal Land Council (LALC), the Ngambri Local Aboriginal Land Council, based in Queanbeyan.

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Native title in Australia in the context of Eddie Mabo

Edward Koiki Mabo (/mɑːb/ MAH-bo; 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.

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