The State governments' legislation comes from a parliament that cannot establish its bone fide at English law, nor at international law, on how they acquired legal and political rights over Aboriginal Peoples' lands, waters, airspace and natural resources.
The Mabo High Court recognised Aboriginal proprietary and usufructuary rights and that Aboriginal title survived British sovereignty. Consequently, the High Court accepts in law that Aboriginal title burdens Crown title. Clearly the law in Australia, by this decision, gives us and recognises our title to lands, waters, airspace and natural resources, not as an idealistic notion, but rather a fact in law. [node:read-more:link]