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Sample Essay

Another reason the judgments was considered so problematic was the fact that due to the unknown nature of the title the compensation for the lands of the indigenous people could not be set. The prices varied according to the particular characteristics of the land in question. For example if we consider the land to be primarily used for hunting and gathering than its cumulative price would be low, however, if it is a prime location for a mining operation or tourist attraction. In the end the decision to put the price of the land up for grabs went to the indigenous tribes (Stephenson, 1995 p. 135-154).

One the Mabo decision was passed all negotiations between the mining facilities and the indigenous tribes were put into a dead lock. Mines did not want to negotiate a price with the indigenous tribes in order to use their land. They saw it as unfeasible to be indebted to them for such long periods of time. They wanted to have negotiations which would allow them to gain control of the land once and for all. This outcry, along with a need for legislation for the titles of the native people brought about the creation of a law in 1993 called the Native Title Act.

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