Queensland Coast Islands Declaratory Act 1985 facts for kids
Quick facts for kids Queensland Coast Islands Declaratory Act 1985 |
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| Parliament of Queensland | |
| An Act to allay any doubts that may exist concerning certain islands forming part of Queensland | |
| Citation | Queensland Coast Islands Declaratory Act 1985 |
| Date enacted | 15 April 1985 |
| Related legislation | |
| Racial Discrimination Act 1975 | |
| Status: Repealed | |
The Queensland Coast Islands Declaratory Act 1985 was a special law made by the Parliament of Queensland. This law was created in 1985. Its main goal was to stop land claims by Torres Strait Islanders.
These claims were about their traditional land rights, especially on Murray Island, Queensland. The law was a response to a court case started by Eddie Koiki Mabo and other Meriam people. They wanted their traditional land rights to be recognized by Australian law.
Contents
What Was This Law About?
The Queensland Coast Islands Declaratory Act 1985 tried to cancel any existing or future land claims. It aimed to make sure that islands off the coast of Queensland were clearly part of Queensland. This included islands like Murray Island.
Why Was This Law Made?
This law was made because a group of Torres Strait Islanders, led by Eddie Koiki Mabo, started a court case. They were fighting for their traditional land rights. They believed they had a special connection to their land, called native title.
The Queensland government passed this law to try and stop these claims. They wanted to make it clear that the state owned these islands.
What Happened Next?
Many people who supported the rights of Indigenous Australians were very upset by this law. They felt it was unfair. They believed it took away important rights from the Torres Strait Islander people.
Overturning the Law
The Queensland Coast Islands Declaratory Act 1985 did not last long. It was challenged in court.
The High Court's Decision
In 1988, Australia's highest court, the High Court, looked at the law. This case was known as Mabo v Queensland (No 1). The High Court decided that the Queensland law was not allowed.
They found it went against another important Australian law. This was the Racial Discrimination Act 1975. This Act says that everyone should be treated equally, no matter their background. The High Court ruled that the Queensland law was unfair because it treated Indigenous people differently.
Important Laws and Rights
The overturning of this law was a big moment in Australian history. It helped lead to more important changes.
What is Native Title?
Native title is a special legal right. It recognizes that Aboriginal and Torres Strait Islander peoples have traditional rights to their land and waters. These rights come from their traditional laws and customs. They have lived on and cared for this land for thousands of years.
What is the Racial Discrimination Act?
The Racial Discrimination Act 1975 is a federal law in Australia. It makes it illegal to treat someone unfairly because of their race, color, or ethnic background. This law helps protect everyone's rights to be treated equally.
