Canada and Australia - Comparing Environmental Policies in 16 Countries - page 154

After the Labor victory, it promptly passed the World Heritage Properties
Conservation Act that ended the dam proposal. Developers challenged
this as usurping the power of the states, but the High Court ruled that the
Commonwealth government had the authority, at least in part, because
the law was based on an international treaty.
In 1992 the High Court shocked the country in its Mabo decision on
Aboriginal land rights. Contrary to the assumption of the previous two
centuries, the court ruled that the country had not been an empty piece
of real estate when Captain Cook claimed it for Britain in 1770. Treaties
and acts of the colonies, states, and commonwealth may or may not have
extinguished Aboriginal title to the property, the court announced. One
factor in making the determination was the extent to which Aborigines
had maintained their connection with a piece of land. The High Court
had created a chaotic situation in which title to much of the land was in
limbo and could be challenged in legal proceedings. The decision said that
if title had been granted, such as by sale to a farmer, it was valid, but this
left many questions, such as whether a lease for grazing conferred title.
To address the problem, the Commonwealth Parliament passed the Native
Title Act of 1993, which provided procedures. In fact, these have proved
expensive and difficult to use to establish title. Private owners and state
and local governments have vigorously opposed native claims.
Several parks are managed jointly by the Aborigines and the Common-
wealth. One of the most controversial has been Kakadu National Park on
Van Diemen Gulf in the Northern Territory. This large, little-disturbed
area encompasses the floodplain and mangrove swamps of the Alligator
Rivers. It has 1,600 plant species, over one-quarter of the country's mam-
mals, about one-third of the total bird fauna and freshwater fish species,
and 15% of Australia reptile and amphibian species. Moreover, the park
has Aboriginal archaeological remains and rock art. Just about the same
time as its natural importance was first recognized in 1969, prospectors
discovered uranium deposits there. The Northern Territory established a
wildlife sanctuary and listed it as a World Heritage Site under the interna-
tional convention. The United Nations Educational and Scientific Organi-
zation lists places of particular value. Also at this time, the Commonwealth
assumed authority over Aboriginal affairs from the states. The region was
important to their culture, and eventually they became jointly responsible
for managing the area. In 1976 the prime minister announced both the
establishment of the park and that mining would begin. When the World
Heritage pointed out the danger of mining and toyed with listing it as in