Austbiblica

One of the foundations for a sense of identity for non-indigenous Australians was the idea of terra nullius, literally “no one’s land”. Aboriginal inhabitants were not recognised as having any right of ownership of the land, and so it was there for the taking by the British government and the early European settlers. Because it was no one's land, its aboriginal inhabitants came to be regarded as nobodies. They eventually came to have no place in European society, and they literally did not count. They were excluded from the national census until 1967.

The idea of terra nullius was central to the identity of non-indigeous Australia. When the Mabo and Wik decisions of the High Court were passed, there was not just fierce disagreement, but outrage and near hysteria in some quarters. There were claims made that ownership of suburban houses was not secure, and that Mabo meant that all Australians were not equal under the law. There were polls which showed a majority of the public to be against the Mabo decision. However, on closer examination it became clear that the percentage of negative responses varied according to how the poll questions were framed.

The depth of feeling showed just how central to the sense of our identity was the idea of terra nullius and its consequences, namely the dispossession and exclusion of Australia’s aboriginal peoples.

In 1768 the then Lieutenant James Cook was given orders about the expedition which brought him to the east coast of Australia. Among these orders was the following:
"You are also with the Consent of the Natives to take possession of Convenient Situations in the Country in the Name of the King of Great Britain: Or: if you find the country uninhabited take Possession for his Majesty by setting up Proper Marks and Inscriptions, as first discoveres and possessors".

The legal basis for not recognising indigenousl ownership of the land is found in a directive of Sir Richard Bourke, Governor of New South Wales, in 1835. He declared invalid any treaties, agreements or contracts that colonists made with aboriginal people to obtain land. It was now the property of the Crown, and not of the aboriginal peoples.

Section 127:
In reckoning the nembers
of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted.

To return to the Texts of Terra Index Page, click here

For more on the repeal of Section 137, click here

To see Cook's orders from the Admirality, click here.

To see Gov. Bourke's directive, click here