... held that the effect of the British claim on the territory was that it had acquired sovereignty over the land, now known as New South Wales. The court held, however, that having sovereignty over the land did not, of itself, extinguish native title. In addition to sovereignty, the High court held that the Crown obtained a radical title to the land. This Radical title gave the Crown potential property rights so that it had the power to acquire property and make grants to third parties. These grants might be of a nature that extinguished native title in relation to the land subject of the grant. Therefore whenever the Crown deliberately appropriates land it has a legal right to do so i.e. the potential property right turns into actual property right. Therefore according to Mabo (No. 2), native title can be extinguished if the Crown displays a clear and plain intention ...

See this essay or coursework document in full right now