Aqua Nullius

Sheehan, JB; Small, GR

Aqua Nullius

Sheehan, JB Small, GR

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Publisher:: Pacific Rim Real Estate Society
Publication Type:: Conference Proceeding
Citation:: 13th Pacific-Rim Real Estate Society Conference, 2007, pp. 1 - 19
Issue Date:: 2007-01

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Field	Value	Language
dc.contributor.author	Sheehan, JB	en_US
dc.contributor.author	Small, GR	en_US
dc.contributor.editor	NA	en_US
dc.date	2007-01-21	en_US
dc.date.issued	2007-01	en_US
dc.identifier.citation	13th Pacific-Rim Real Estate Society Conference, 2007, pp. 1 - 19	en_US
dc.identifier.uri	http://hdl.handle.net/10453/7382
dc.description.abstract	The fiction of terra nullius1 is addressed in Mabo & Ors v The State of Queensland (No 2)(Mabo) (1992) 175 CLR 1, however the increasing commodification of water has raised the issue of whether a new form of indigenous dispossession is now subtly occurring. When the Crown abrogates its beneficial title in favour of private parties through Crown grants, it is now a legal maxim that any underlying Indigenous property rights are extinguished or at least diminished to the extent of the grant. Since 2000, the granting of exclusive rights of access to water in the various States water legislation, has arguably also extinguished or at least diminished surviving Indigenous water property rights. Scant research into this impact suggests that the uncrystallised quantum of compensation that may be attributable as a result of the granting of such private access rights has been deftly underestimated by policy makers.	en_US
dc.publisher	Pacific Rim Real Estate Society	en_US
dc.relation.ispartof	13th Pacific-Rim Real Estate Society Conference	en_US
dc.relation.ispartof	Pacific Rim Real Estate Conference	en_US
dc.title	Aqua Nullius	en_US
dc.type	Conference Proceeding
utslib.location	Australia	en_US
utslib.location.activity	Fremantle, Australia	en_US
utslib.for	1202 Building	en_US
dc.location.activity	Fremantle, Australia	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Design, Architecture and Building
utslib.copyright.status	open_access
pubs.consider-herdc	true	en_US
pubs.place-of-publication	Australia	en_US
pubs.start-date	2007-01-21	en_US

Abstract:

The fiction of terra nullius1 is addressed in Mabo & Ors v The State of Queensland (No 2)(Mabo) (1992) 175 CLR 1, however the increasing commodification of water has raised the issue of whether a new form of indigenous dispossession is now subtly occurring. When the Crown abrogates its beneficial title in favour of private parties through Crown grants, it is now a legal maxim that any underlying Indigenous property rights are extinguished or at least diminished to the extent of the grant. Since 2000, the granting of exclusive rights of access to water in the various States water legislation, has arguably also extinguished or at least diminished surviving Indigenous water property rights. Scant research into this impact suggests that the uncrystallised quantum of compensation that may be attributable as a result of the granting of such private access rights has been deftly underestimated by policy makers.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/7382