Tasmanian Aborigines look to traditional lands
By Natasha Simons
HOBART — The June High Court decision in the Mabo case, rejecting the concept of terra nullius, has given Tasmanian Aborigines confidence to regain ownership of their traditional lands, according to Aboriginal lawyer Michael Mansell.
"The decision says that there is native title that remains with Aboriginal communities where they have exercised traditional rights over their land and where that traditional right hasn't been extinguished", Mansell said.
"Quite clearly that applies to all the mutton bird lands and to all Aboriginal cultural sites, such as Oyster Cove and Rocky Cape."
He said Aborigines have native title to at least 11 Bass Strait islands, but that native title did not mean freehold ownership. Aborigines could not sell the land, but native title should prevent governments from managing the land in a way that discriminates against its native inhabitants.
The Tasmanian Liberal government is still not keen to give any ground. A spokesperson said the High Court decision had "no bearing" on the state government's policy and that "that policy treats all Tasmanians equally".
In reply Mansell said, "If the state government ever moves against us, we now have some armoury to shove in the way and say: Right, off to the High Court".