Introduction Throughout Australia, land property or native title claims are primarily resolved through the negotiated consent decisions rather than controversial litigation. Governments’ decision to...

Needs to develop an argument and support it with Reference: 4 listed at the bottom of the attachment paper but the Question will be "What Have Been The Obstacles To The Continuity Of Custom Since 1788?1.Yorta Yorta2.Gympie Pyramid3.Carmichael Coalmine4.Mother's Blood and Father's Land.5.'Land Of Sweeping Plains.'6.The Native Tittle Of Land Act.


Introduction Throughout Australia, land property or native title claims are primarily resolved through the negotiated consent decisions rather than controversial litigation. Governments’ decision to agree to decisions might be guided by several considerations, including recognition and justice of rights or intergovernmental commitment to “shrinking the gap between indigenous disadvantages”, promoting indigenous economic development and promoting respect for government and indigenous and Torres Strait Islander people. This essay discusses the recognition of Native Tittle on land, and since the settlement in Europe, the clan has to constantly practice its laws and customs. Native Tittle of Land in Australia The claim to the so-called “Golden Pyramid” has provided a potential legal barrier to the Gympie Bypass program on the Bruce Highway. Also known as the Rocky Ridge, the area is known for its evidence of human habitation[footnoteRef:1]. Some ancient Egyptians or unrecorded Chinese or Italian settlers called the GYMPIE pyramid artifacts, which are actually very important indigenous artifacts, Kabi Kabi activist Wit-booka said yesterday. He is also known as the southern resident Gary Tomlinson, who said he has regained the identity of his aborigines and said that Loki Ritchie’s land shows important signs of Aboriginal land management being portrayed by those who wish to portray his people.The original person denied it. He said that the region and its artifacts are essential to the well-being and culture of his people[footnoteRef:2]. The rocks on the hillside show dents, which he said after centuries of abrasion, used to grind grass and other seed particles to make the original damper. [1: 'Gympie Pyramid' Sparks Aboriginal Land Rights Claim (2016) Gympie Times .] [2: Kenneth C. Hodgkinson, "Land Of Sweeping Plains: Managing And Restoring The Native Grasslands Of South-Eastern Australia" (2017) 25(1) Restoration Ecology.] The UNC on the Punishment and Prevention of Genocide Crime, adopted in the year 1948, has recently emerged as part of the human rights guarantees of the Allied forces over Naziism and related philosophy. It led to Australia’s 1949 genocide law, which prohibited genocide in Australia and included in its definition “inflicting mental damage on members of the group, causing life conditions to achieve physical damage, or forcing Transfer the children of the group to another group.” Wit-booka said he is carrying out a campaign to protect the Kabi Kabi culture, including preventing the state from overthrowing an area that he considers to be a sacred site. As described in Mabo (No. 2) No. 8, the concept and legal basis of indigenous property rights is the common law rule, that is, new rights and interests related to land that already exist in the territorial sovereignty already existed[footnoteRef:3]. The new legal system will continue. Without respect from the new legal system, since 1993 it has not been explicitly removed, the rights and interests of Aboriginal and Torres Strait Island have been recognized by local law, not by ordinary law. But the logic is the same: (Some) rights and interests that exist in accordance with pre-colonial laws, can remain under the Crown sovereignty and can be applied under contemporary Australian legal system. [3: Geoff Egan, Carmichael Coal Mine Native Title Case ‘Shambolic’: Judge (2015) Fraser Coast Chronicle .] Local laws and procedures are all legal aspects of personal property rights. The purpose of the legislation is to identify and protect people's rights and interests according to their own laws and returns according to indigenous and Torres Strait Islanders[footnoteRef:4]. Therefore, law and custom are not only the first elements of the evidence. In an important sense, it is a regulatory body of evidence: it provides a legal framework, in which other evidence must be proved innocent. It is acknowledged that "European colonies have the most influence on the indigenous community, so the structure and customs of this society and their members will change dramatically from the settlement in Europe. [4: John Morton, "‘Mother's Blood, Father's Land’: Native Title And Comparative Land Tenure Modelling For Claims In ‘Settled’ Australia" (2017) 87(1) Oceania.] Conclusion European solutions have made the first impression; evidence of legal and customary development will help establish links between customs and customs between contemporary and pre-colonial laws. These evidences can help the court to confirm the traditional nature of contemporary law and customs because it explains that today's laws and customs are different (or "significant differences" in the form of their pre-colonies). On the contrary, if the compliance and approval of the allegations have been interrupted in large numbers, this bias will be reconstructed due to evidence of the role of European colonies in fulfilling such a transaction. The difference between the rights and interests of the right to a property and the legal right to land is that the source of legal land rights is the ownership of the property, and the source of the rights and interests of the property is the practice of traditional laws and rights of homeowners. Due to settlement in Europe, the tribe has to constantly follow its laws and practices. References Hodgkinson, Kenneth C., "Land Of Sweeping Plains: Managing And Restoring The Native Grasslands Of South-Eastern Australia" (2017) 25(1) Restoration Ecology Morton, John, "‘Mother's Blood, Father's Land’: Native Title And Comparative Land Tenure Modelling For Claims In ‘Settled’ Australia" (2017) 87(1) Oceania Egan, Geoff, Carmichael Coal Mine Native Title Case ‘Shambolic’: Judge (2015) Fraser Coast Chronicle 'Gympie Pyramid' Sparks Aboriginal Land Rights Claim (2016) Gympie Times