One of the factors that the indigenous people have to prove for purposes of ensuring that they have a right to the native title is their usage of the land under consideration for thousands of years. According to the precedent that has been established in the case of Mabo and others v Queensland, the High Court made a ruling that for any indigenous person to claim the native rights, he must prove that his community had an access to the land and used it before 1788. On this note, for a claimant to have a legal claim over a native title, he must prove that his indigenous community owned the land, before 1788, and used this land for their customs and traditional values (Short, 2016).
This means that the claimant must prove that they have a continuous connection to the land under consideration. On this note, the high court in the case of Mabo determined that for a claimant to succeed in getting a native title, he must prove that he is still living in the traditions and customs of the native tribe that he is seeking title of, of if he does not have the connection with the traditional values and customs of the indigenous people who lived in the land before 1788, then the claimant does not have a right to the native title, even if he belongs to the indigenous group.
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