Australian Aboriginal Land Rights in Transition (Part II): the Legislative Response to the High Court's Native Title Decisions in Mabo v. Queensland and Wik v. Queensland

An overview is presented of recent developments in indigenous land rights law in Australia. The most important native title principles established in the Mabo v. Queensland decision are detailed. The issues addressed in the Native Title Act of 1993 are considered. The evolution of native title due to judicial and National Native Title Tribunal decisions is investigated. Changes that resulted from implementation of the Native Title Amendment Act of 1998 are analyzed. Complementary legislation enacted by the governing bodies of the States/Territories is examined, with a focus on legislation enacted in Western Australia. The review also covered the constitutional and international implications of the amendments. Issues addressed in Wik v Queensland are assessed.