What did the Mabo decision declare about terra nullius?

• A. The concept of terra nullius was a fiction
• B. Terra nullius existed
• C. Terra nullius applied to some lands
• D. Terra nullius was only partially true

Answer: (A)

The main idea here is that the Mabo decision rejected the notion that the land could be treated as empty or ownerless. It declared that terra nullius was a legal fiction, not a factual reality. In other words, the court recognized that Indigenous peoples had established laws and connections to the land long before British colonization, and their rights could be recognized as native title. This overturned the long-standing assumption used to justify colonization—that Australia was uninhabited and available for takeover. The decision shifted Australian law to acknowledge native title and laid the groundwork for how such rights could be recognised and protected, though they could be extinguished by later actions or legislation.