TigerTooth

=" we use term native title to describe indigenous inhabitants interests and rights in the land. whether it is comunal, a group or individual under there traditional laws and customs. Native title has it origins in, and gets its content from, the traditional laws and customs of the indigenous inhabitants. to discover the nature of native title we must look yo those laws and customs. Whar is provided to prove native title? at the outset, we must distinguish between the between the existence of native title and its nature or content. to provide the content of native title we must look at the protection which the title provides. the crucial fact is physical presence on the land. for that is what precludes the crown from having exclusive property rights in the land. it is not enough for the presence to be coincidental only or trully random, having no connection with or meaning in relation to a society's economic, cultural or religeous life. The presence must amount to occupancy of the land. and the use of the land must be meaningful although "meaningful" is to be understood from the point of view of the members of the indigenous society. the presence on the land must have been and established fact at the time of annexation by the crown. presence on the land can be occupany without having to ammount to "possesion" as that term is understood by the common law."=