Bit of Australian history for ya!
When the English colonised Australia they declared it "Terra Nullius" which means unoccupied land. Australian aborigines were classed as animals and as land was "unoccupied", no declaration of war and thus no treaty. It is Australia's shame that it took until 1989 to overturn the ridiculous notion that Australia was unoccupied. Other native peoples got treaties, although most were broken. NZ seems to have handled it best considering colonisers around the world.
Ed Changed link, should work now. And '92 not '89
[abc.net.au]