The Mabo decision: commercial implications for Australia and the Northern Territory

Abstract

In June 1992 the High Court of Australia handed down its decision in Mabo v Queensland. That decision has now emerged as one of the most controversial in the history of the High Court and has generated an intense and highly emotional debate throughout Australia. This debate has involved many stakeholders, representing for example, legal, political, economic, and social interests. Although the case specifically concerned the land rights of particular Murray Islanders,mainland Aboriginal groups have since seized the opportunity to use the decision as a vehicle to advance various causes, particularly claims for land rights and social justice. This has provoked a number of responses particularly from commercial groups intent on protecting their own interests. The Northern Territory of Australia will be particularly effected by Mabo v Queensland. The relatively high Aboriginal population and abundant natural resources make the High Court decision especially relevant. In addition, the Northern Territory's unique land rights legislation will ensure that the decision's impact will differ markedly from the rest of Australia. The intent of this paper, therefore, is to examine, document and record the decision in Mabo v Queensland, and to place it in its historical, legal and commercial context. It will do so with a view to assessing its commercial impact in Australia and particularly the Northern Territory. It will also review the respective responses of the various stakeholders in this issue. In particular this paper assesses and evaluates the response to the decision of the mining community in the Northern Territory. This paper suggests by way of conclusion that the Mabo decision, and the legislative responses to it, has the potential to have a devastating commercial impact, particularly on the mining industry in Australia and the Northern Territory. Show more