Native title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, ...
is the designation given to the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
doctrine of
Aboriginal title in Australia, which is the recognition by
Australian law
The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are substa ...
that
Indigenous Australians
Indigenous Australians or Australian First Nations are people with familial heritage from, and membership in, the ethnic groups that lived in Australia before British colonisation. They consist of two distinct groups: the Aboriginal peoples ...
(both
Aboriginal Australian
Aboriginal Australians are the various Indigenous peoples of the Australian mainland and many of its islands, such as Tasmania, Fraser Island, Hinchinbrook Island, the Tiwi Islands, and Groote Eylandt, but excluding the Torres Strait Islands ...
and
Torres Strait Islander
Torres Strait Islanders () are the Indigenous Melanesian people of the Torres Strait Islands, which are part of the state of Queensland, Australia. Ethnically distinct from the Aboriginal people of the rest of Australia, they are often groupe ...
people) have rights and interests to their land that derive from their traditional laws and customs. The concept recognises that in certain cases there was and is a continued beneficial legal interest in land held by Indigenous peoples which survived the acquisition of
radical title
Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense ...
to the land by
the Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
at the time of
sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
. Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title over the same land.
The foundational case for native title in Australia was ''
Mabo v Queensland (No 2)
''Mabo v Queensland (No 2)'' (commonly known as ''Mabo'') is a decision of the High Court of Australia, decided on 3 June 1992.. It is a landmark case, brought by Eddie Mabo against the State of Queensland. The case is notable for first reco ...
'' (1992). One year after the recognition of the legal concept of native title in ''Mabo'', the
Keating Government formalised the recognition by legislation with the enactment by the
Australian Parliament
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor-g ...
of the ''
Native Title Act 1993''. The Act attempted to clarify the legal position of landholders and the processes to be followed for native title to be claimed, protected and recognised through the courts.
The
Federal Court of Australia arranges
mediation in relation to claims made by Aboriginal and Torres Strait Islander peoples, and hears applications for, and makes, native title determinations. Appeals against these determinations can be made to a full sitting of the Federal Court and then to the
High Court of Australia. The
National Native Title Tribunal
The National Native Title Tribunal (NNTT) is an independent body established under the ''Native Title Act 1993'' in Australia as a special measure for the advancement and protection of Aboriginal and Torres Strait Islander peoples (Indigenous Aus ...
(NNTT), established under the ''Native Title Act 1993'', is a body that applies the "registration test" to all new native title claimant applications, and undertakes future act mediation and arbitral functions. The
Attorney-General's Department advises the
Australian Government
The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a federal parliamentary constitutional monarchy. Like other Westminster-style systems of government, the Australian Government ...
on legal and legal-policy regarding on native title, and assists the
Attorney-General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
to administer the ''Native Title Act 1993''.
Definitions: Native title/land rights
According to the Attorney-General's Department:
[ ]
Text was copied from this source, which is available under
Attribution 4.0 International (CC BY 4.0)
licence (as pe
this page
.
The ''
Aboriginal Land Rights Act 1976
The ''Aboriginal Land Rights (Northern Territory) Act 1976'' (ALRA) is Australian federal government legislation that provides the basis upon which Aboriginal Australian people in the Northern Territory can claim rights to land based on tradit ...
'' (see below) covers the granting of land to Aboriginal Land Trusts; setting up
Aboriginal land council
Land councils, also known as Aboriginal land councils, or land and sea councils, are Australian community organisations, generally organised by region, that are commonly formed to represent the Indigenous Australians (both Aboriginal Australians ...
s; mineral rights; decision-making processes for dealing with land; dealing with income from land use agreements; and negotiations about leases for development on Aboriginal land. The ''Native Title Act 1993'' (NTA) gives recognition that "Aboriginal and Torres Strait Islander people have rights to land, water and sea, including
exclusive possession
In law, possession is the control a person intentionally exercises toward a thing. Like ownership, the possession of anything is commonly regulated by country under property law. In all cases, to possess something, a person must have an intent ...
in some cases, but does not provide ownership". It allows for negotiations over land, but does not provide for a
veto
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...
over development, and nor does it grant land, as the ''Aboriginal Land Rights Act'' (ALRA) does.
Native title definitions
National Native Title Tribunal definition:
Commonwealth Government's indigenous.gov.au website:
Native title has also been described as a "bundle of rights" in land, which may include such rights as camping, performing
ceremony
A ceremony (, ) is a unified ritualistic event with a purpose, usually consisting of a number of artistic components, performed on a special occasion.
The word may be of Etruscan origin, via the Latin '' caerimonia''.
Church and civil (secular) ...
, etc. If native title is granted, specific rights are decided on a case-by-case basis, and may only sometimes includes freehold title.
History
Pre-Mabo
1971 – Milirrpum
Australia did not experience litigation involving Aboriginal native title until the 1970s, though several earlier cases tangentially involved issues of native title.
[''Attorney-General v Brown']
(1847) 1 Legge 312
2 SCR (NSW) App 30.[.][.][.] In 1835, John Batman purported to sign
Batman's Treaty
Batman's Treaty was an agreement between John Batman, an Australian grazier, businessman and coloniser, and a group of Wurundjeri elders, for the purchase of land around Port Phillip, near the present site of Melbourne. The document came to ...
with Aboriginal elders in the
Port Phillip District
The Port Phillip District was an administrative division of the Colony of New South Wales from 9 September 1836 until 1 July 1851, when it was separated from New South Wales and became the Colony of Victoria.
In September 1836, NSW Colonial Sec ...
. Governor Bourke declared Batman's Treaty was "void and of no effect as against the rights of the Crown" and declared any person on "vacant land of the Crown" without authorization from the Crown to be trespassing.
[National Archives of Australia, ]
Governor Bourke's Proclamation 1835 (UK)
'' Accessed 3 November 2008 The proclamation was approved by the Colonial Office. The official objection to the Treaty was that Batman had attempted to negotiate directly with the Aboriginal people, whom the British did not recognise as having any claim to any lands in Australia.
In 1971, in ''
Milirrpum v Nabalco Pty Ltd
''Milirrpum v Nabalco Pty Ltd'', also known as the Gove land rights case because its subject was land known as the Gove Peninsula in the Northern Territory, was the first litigation on native title in Australia, and the first significant lega ...
'' (the "Gove land rights case") in the
Supreme Court of the Northern Territory,
Justice Richard Blackburn explicitly rejected the concept of native title, ruling against the claimants on a number of issues of law and fact, but rejecting the doctrine of Aboriginal title in favor of ''
terra nullius
''Terra nullius'' (, plural ''terrae nullius'') is a Latin expression meaning " nobody's land".
It was a principle sometimes used in international law to justify claims that territory may be acquired by a state's occupation of it.
:
:
...
'', which held that land belonged to no one at the time of British settlement.
[''Milirrpum v Nabalco Pty Ltd'' (1971) 17 FLR 141 (27 April 1971) Supreme Court (NT).]
1972–1976: ''Aboriginal Land Rights Act''
In the wake of ''Milirrpum'' and the election of the
Whitlam Government in 1972, the
Aboriginal Land Rights Commission
The Aboriginal Land Rights Commission, also known as the Woodward Royal Commission, was a Royal Commission that existed from 1973 to 1974 with the purpose to inquire into appropriate ways to recognise Aboriginal land rights in the Northern Terr ...
(also known as the Woodward Royal Commission) was established in 1973 to inquire into appropriate ways to recognise Aboriginal land rights in the
Northern Territory
The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an Australian territory in the central and central northern regions of Australia. The Northern Territory shares its borders with Western Aust ...
. Prime Minister
Gough Whitlam
Edward Gough Whitlam (11 July 191621 October 2014) was the 21st prime minister of Australia, serving from 1972 to 1975. The longest-serving federal leader of the Australian Labor Party (ALP) from 1967 to 1977, he was notable for being the ...
introduced a new policy of Aboriginal self-determination, and initiatives such as the Aboriginal Land Fund and the
National Aboriginal Consultative Committee
The National Aboriginal Conference (NAC) was a national organisation established by the Australian Government to represent Indigenous Australians, that is Aboriginal Australians and Torres Strait Islander peoples.
The NAC was originally establi ...
was set up. The latter consisted of elected Aboriginal representatives, who would advise the Minister of Aboriginal Affairs. The Whitlam government introduced legislation later passed by the
Fraser Government as the ''Aboriginal Land Rights Act 1976'',
[.] which established a procedure to transfer almost 50 per cent of land in the Northern Territory (around 600,000 km2) to collective Aboriginal ownership.
The Fraser government continued to implement many of the previous government's initiatives, under the description "self-management" rather than self-determination.
[
]
1979 – Paul Coe case
In 1979, Paul Coe
Paul Coe (born 4 February 1949), a Wiradjuri man born at Erambie Mission in Cowra, is an Australian Aboriginal activist. He is known for his advocacy of Aboriginal rights, with involvement in the publicity drive for the 1967 referendum, and the ...
, a Wiradjuri
The Wiradjuri people (; ) are a group of Aboriginal Australian people from central New South Wales, united by common descent through kinship and shared traditions. They survived as skilled hunter-fisher-gatherers, in family groups or clans, a ...
man from Cowra, New South Wales, commenced, as plaintiff, an action in the High Court of Australia arguing that at the time white people came to Australia, Aborigines were there and therefore the Court had to recognise their rights.[.] Coe's claim was never heard due to serious deficiencies with his statement of claim. Justice Gibbs said, at paragraph 21, 'The question what rights the aboriginal people of this country have, or ought to have, in the lands of Australia is one which has become a matter of heated controversy. If there are serious legal questions to be decided as to the existence or nature of such rights, no doubt the sooner they are decided the better, but the resolution of such questions by the courts will not be assisted by imprecise, emotional or intemperate claims. In this, as in any other litigation, the claimants will be best served if their claims are put before the court dispassionately, lucidly and in proper form'.
1981 – ''Pitjantjatjara Yankunytjatjara Land Rights Act''
The South Australia
South Australia (commonly abbreviated as SA) is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Australia's states and territories ...
n ''Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981''[.] was introduced by Premier Don Dunstan
Donald Allan Dunstan (21 September 1926 – 6 February 1999) was an Australian politician who served as the 35th premier of South Australia from 1967 to 1968, and again from 1970 to 1979. He was a member of the House of Assembly (MHA) for th ...
in November 1978, several months prior to his resignation from Parliament. An amended bill, following extensive consultation, was passed by the Tonkin Liberal Government in March 1981. This legislation gave significant rights well in advance of any other to date in Australia. In 1981, SA Premier Tonkin returned of land (10.2% of the state's land area) to the Pitjantjara
The Pitjantjatjara (; or ) are an Aboriginal people of the Central Australian desert near Uluru. They are closely related to the Yankunytjatjara and Ngaanyatjarra and their languages are, to a large extent, mutually intelligible (all are var ...
and Yankunytjatjara
The Yankunytjatjara people, also written Yankuntjatjarra, Jangkundjara, and other variants, are an Aboriginal Australian people of the state of South Australia.
Language
Yankunytjatjara is a Western Desert language belonging to the Wati la ...
people. However, it did not give the people the power of veto over mining activities; any disputes would need to be resolved by an independent arbitrator.[
In 1984 Premier ]John Bannon
John Charles Bannon (7 May 1943 – 13 December 2015) was an Australian politician and academic. He was the 39th Premier of South Australia, leading the South Australian Branch of the Australian Labor Party from a single term in opposition ba ...
's Labor Government passed legislation to return lands to the Maralinga Tjarutja
The Maralinga Tjarutja, or Maralinga Tjarutja Council, is the corporation representing the traditional Anangu owners of the remote western areas of South Australia known as the Maralinga Tjarutja lands. The council was established by the ''Mara ...
people. The legislation was proclaimed in January 1985 and was followed by a ceremony in the desert attended by Maralinga Tjarutja leader Archie Barton
Archie Barton was an Aboriginal Australian political activist and land-rights campaigner. He played a key role in the 20-year campaign in the Maralinga Tjarutja people regaining ownership of their land, following the British nuclear tests at Ma ...
, John Bannon and Aboriginal Affairs Minister Greg Crafter
Gregory John Crafter (born 16 September 1944) is a former South Australian Labor Party politician. He was the member for Norwood from 1979 to 1993, with a short break from September 1979 to February 1980.
Crafter was elected in a March 1979 ...
. This granted rights over of land in the Great Victoria Desert
The Great Victoria Desert is a sparsely populated desert ecoregion and interim Australian bioregion in Western Australia and South Australia.
History
In 1875, British-born Australian explorer Ernest Giles became the first European to cros ...
, including the land contaminated by the British nuclear weapons testing at Maralinga.[
]
Mabo and the ''Native Title Act''
1988–1992 – Mabo
''Mabo v Queensland (No 2)
''Mabo v Queensland (No 2)'' (commonly known as ''Mabo'') is a decision of the High Court of Australia, decided on 3 June 1992.. It is a landmark case, brought by Eddie Mabo against the State of Queensland. The case is notable for first reco ...
'' (1992) was the foundational case for native title in Australia. In 1992 the doctrine of ''terra nullius'' confirmed in ''Milirrpum v Nabalco'' was overruled by the High Court in ''Mabo v Queensland (No 2)'',[.] which recognised the Meriam people
Melanesian Meriam people are an Indigenous Australian group of Torres Strait Islander people who are united by a common language, strong ties of kinship and live as skilled hunter–fisher–gatherers in family groups or clans on a number of in ...
of Murray Island (Mer) in the Torres Straits
The Torres Strait (), also known as Zenadh Kes, is a strait between Australia and the Melanesian island of New Guinea. It is wide at its narrowest extent. To the south is Cape York Peninsula, the northernmost extremity of the Australian mai ...
as native title holders over part of their traditional lands. The Court repudiated the notion of absolute sovereignty over Australia to the Crown at the moment of European settlement. The Court held, rather, that native title existed without originating from the Crown. Native title would remain in effect unless extinguished by a loss of connection to the land.
Justice Gerard Brennan
Sir Francis Gerard Brennan (22 May 1928 – 1 June 2022) was an Australian lawyer and jurist who served as the 10th Chief Justice of Australia. As a judge in the High Court of Australia, he wrote the lead judgement on the Mabo decision, whi ...
in this landmark decision stated:
However, when the tide of history has washed away any real acknowledgment of traditional law and any real observance of traditional customs, the foundation of native title has disappeared.
Thus although over some parts of Australia native title has been lost, in large areas of the nation's interior, native title could be recognised.
As Justice Brennan stated in ''Mabo (No. 2)'', "native title has its origin and is given its content by the traditional laws acknowledged by and the customs observed by the Aboriginal inhabitants of a territory".
1993 – ''Native Title Act 1993''
One year after the recognition of the legal concept of native title in ''Mabo'', the Keating Government formalised the recognition by legislation with the enactment by the Australian Parliament
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor-g ...
of the '' Native Title Act 1993''.[.] The Act attempted to clarify the legal position of landholders and the processes to be followed for native title to be claimed, protected and recognised through the courts.
The Act also established the National Native Title Tribunal
The National Native Title Tribunal (NNTT) is an independent body established under the ''Native Title Act 1993'' in Australia as a special measure for the advancement and protection of Aboriginal and Torres Strait Islander peoples (Indigenous Aus ...
.
Wik and 1998 amendment
1996 – Wik
After the Mabo decision, uncertainty surrounded whether native title claims over pastoral lease
A pastoral lease, sometimes called a pastoral run, is an arrangement used in both Australia and New Zealand where government-owned Crown land is leased out to graziers for the purpose of livestock grazing on rangelands.
Australia
Pastoral lease ...
s would extinguish these leases. The Wik Decision
''Wik Peoples v The State of Queensland''. (commonly known as the Wik decision) is a decision of the High Court of Australia delivered on 23 December 1996 on whether statutory leases extinguish native title rights. The court found that the sta ...
in 1996 clarified the uncertainty. The court found that the statutory pastoral leases (which cover some 40% of the Australian land mass) under consideration by the court did not bestow rights of exclusive possession on the leaseholder. As a result, native title rights could co-exist, depending on the terms and nature of the particular pastoral lease. Where there was a conflict of rights, the rights under the pastoral lease would extinguish the remaining native title rights.[.]
1998 – ''Native Title Amendment Act 1998''
The Wik decision led to amendments to the ''Native Title Act'' 1993 by the ''Native Title Amendment Act 1998
The ''Native Title Act 1993'' (Cth) is a law passed by the Australian Parliament, the purpose of which is "to provide a national system for the recognition and protection of native title and for its co-existence with the national land managemen ...
''. This Act, also known as the "10 Point Plan", was introduced by the Howard Government. The amendments substantially restricted Native Title by narrowing the right to negotiate and extinguishing Native Title on most pastoral and mining leases granted before 1994.
Cases after the 1998 amendment
1998–2002 – Yorta Yorta
''Yorta Yorta v Victoria'',[ ] was a native title claim by the Yorta Yorta
The Yorta Yorta, also known as Jotijota, are an Aboriginal Australian people who have traditionally inhabited the area surrounding the junction of the Goulburn and Murray Rivers in present-day north-eastern Victoria and southern New South Wales ...
Aboriginal people of north central Victoria
Victoria most commonly refers to:
* Victoria (Australia), a state of the Commonwealth of Australia
* Victoria, British Columbia, provincial capital of British Columbia, Canada
* Victoria (mythology), Roman goddess of Victory
* Victoria, Seychelle ...
, which was dismissed by Justice Olney of the Federal Court in 1998.[.] Appeals to the Full Bench of the Federal Court in 2001,[.] and the High Court in 2002 were also dismissed.
The determination by Justice Olney in 1998 ruled that the 'tide of history' had 'washed away' any real acknowledgement of traditional laws and any real observance of traditional customs by the applicants. The 2002 High Court decision adopted strict requirements of continuity of traditional laws and customs for native title claims to succeed.
1998–2003 – Miriuwung Gajerrong
''Ward v Western Australia'' (1998) was an application made on behalf of the Miriuwung and Gajerrong people of the east Kimberly, over land in Western Australia
Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to th ...
and the Northern Territory. Justice Malcolm Lee of the Federal Court ruled in their favour in recognition of the native title.[.] Western Australia appealed the decision to the Full Court of the Federal Court,[.] then to the High Court.
The High Court held in ''Western Australia v Ward
Native title is the designation given to the common law doctrine of Aboriginal title in Australia, which is the recognition by Australian law that Indigenous Australians (both Aboriginal Australian and Torres Strait Islander people) have righ ...
'' that native title is a bundle of rights
The bundle of rights is a metaphor to explain the complexities of property ownership. Law school professors of introductory property law courses frequently use this conceptualization to describe "full" property ownership as a partition of vari ...
, which may be extinguished one by one, for example, by a mining lease. In this case, the lease did not confer 'exclusive possession', because the claimants could pass over the land and do various things. But some parts of native title rights were extinguished, including the rights to control access and make use of the land.
The claim was remitted to the Full Court of the Federal Court to determine in accordance with the decision of the High Court. The claimants reached an agreement about the claim area and a determination was made in 2003. "Exclusive possession native title was recognised over Lacrosse Island
Lacrosse Island is an island in the Cambridge Gulf in the Kimberley region of Western Australia, located between Cape Domett on the eastern shore and Cape Dussejour on the western. The island is in the local government area of the Shire of Wyn ...
, Kanggurru Island, Aboriginal reserves within the Kununurra townsite, Glen Hill pastoral lease and Hagan Island. Non-exclusive rights were recognised over a number of areas including islands in Lake Argyle."
2001 – Yarmirr
''Yarmirr v Northern Territory'' (2001), was an application made on behalf of a number of clan
A clan is a group of people united by actual or perceived kinship
and descent. Even if lineage details are unknown, clans may claim descent from founding member or apical ancestor. Clans, in indigenous societies, tend to be endogamous, meaning ...
groups of Aboriginal people to an area of seas and sea-beds surrounding Croker Island
Croker Island is an island in the Arafura Sea off the coast of the Northern Territory, Australia, northeast of Darwin. It was the site of the Croker Island Mission between 1940 and 1968.
Indigenous peoples
At the earliest time of European co ...
in the Northern Territory. It was the first judgment by the High Court of native title over waters. The judge, Olney J, determined that members of the Croker Island community have a native title right to have free access to the sea and sea-bed of the claimed area for a number of purposes. The case established that traditional owners do have native title of the sea and sea-bed; however common law rights of fishing and navigation mean that only non-exclusive native title can exist over the sea.[.] The decision paved the way for other native title applications involving waters to proceed.
2002 & 2004 – Nangkiriny
''Nangkiriny v State of Western Australia'' (2002 & 2004), for the Karajarri
The Karajarri are an Aboriginal Australian people, who once lived south-west of the Kimberleys in the northern Pilbara region, predominantly between the coastal area and the Great Sandy Desert. They now mostly reside at Bidyadanga, south of B ...
people in the Kimberley region, south of Broome. Land rights recognised over of land (half the size of Tasmania).
2004 – Maralinga
In May 2004, following the passage of special legislation, South Australian Premier Mike Rann
Michael David Rann, , (born 5 January 1953) is an Australian former politician who was the 44th premier of South Australia from 2002 to 2011. He was later Australian High Commissioner to the United Kingdom from 2013 to 2014, and Australian am ...
handed back title to 21,000 square kilometres of land to the Maralinga Tjarutja and Pila Nguru
The Pila Nguru, often referred to in English as the Spinifex people, are an Aboriginal Australian people of Western Australia, whose lands extend to the border with South Australia and to the north of the Nullarbor Plain. The centre of their h ...
people. The land, north-west of Adelaide
Adelaide ( ) is the capital city of South Australia, the state's largest city and the fifth-most populous city in Australia. "Adelaide" may refer to either Greater Adelaide (including the Adelaide Hills) or the Adelaide city centre. The dem ...
and abutting the Western Australia
Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to th ...
border, was then called the Unnamed Conservation Park. It is now known as Mamungari Conservation Park. It includes the Serpentine Lakes
The Serpentine Lakes is a chain of salt lakes in the Great Victoria Desert of Australia. It runs for almost along the border between South Australia and Western Australia. When full, the lakes cover an area of . Most of it is located in the M ...
, and was the largest land return since 1984. At the 2004 ceremony Rann said the return of the land fulfilled a promise he made to Archie Barton in 1991 when he was Aboriginal Affairs Minister, after he passed legislation to return lands including the sacred Ooldea
Ooldea is a tiny settlement in South Australia. It is on the eastern edge of the Nullarbor Plain, west of Port Augusta on the Trans-Australian Railway. Ooldea is from the bitumen Eyre Highway.
Being near a permanent waterhole, Ooldea Soak, th ...
area (which also included the site of Daisy Bates' mission camp) to the Maralinga Tjarutja people. The Maralinga Tjarutja lands now total 102,863 square kilometres.
2005 – Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagalk
The Aboriginal peoples of the Wimmera
The Wimmera is a region of the Australian state of Victoria. The district is located within parts of the Loddon Mallee and the Grampians regions; and covers the dryland farming area south of the range of Mallee scrub, east of the South Aust ...
region of Western Victoria won recognition of their native title on 13 December 2005 after a ten-year legal process commenced in 1995 when they filed an application for a determination of native title in respect of certain land and waters in Western Victoria. It was the first successful native title claim in south-eastern Australia and in Victoria, determined by Justice Ron Merkel Ron is a shortening of the name Ronald.
Ron or RON may also refer to:
Arts and media
* Big Ron (''EastEnders''), a TV character
* Ron (''King of Fighters''), a video game character
*Ron Douglas, the protagonist in ''Lucky Stiff'' played by Joe ...
involving Wotjobaluk, Jaadwa, Jadawadjali, Wergaia
The Wergaia or Werrigia people are an Aboriginal Australian group in the Mallee and Wimmera regions of north-Western Victoria, made up of a number of clans. The people were also known as the Maligundidj (in the Wotjobaluk language) which mea ...
and Jupagalk people.[.] In his reasons for judgment Justice Merkel explained the significance of his orders:
::"The orders I propose to make are of special significance as they constitute the first recognition and protection of native title resulting in the ongoing enjoyment of native title in the State of Victoria and, it would appear, on the South-Eastern seaboard of Australia. These are areas in which the Aboriginal peoples suffered severe and extensive dispossession, degradation and devastation as a consequence of the establishment of British sovereignty over their lands and waters during the 19th century."
2005 – Noongar
In 2005 the Federal Court brought down a judgment recognising the native title of the Noongar
The Noongar (, also spelt Noongah, Nyungar , Nyoongar, Nyoongah, Nyungah, Nyugah, and Yunga ) are Aboriginal Australian peoples who live in the south-west corner of Western Australia, from Geraldton on the west coast to Esperance on the so ...
people over the Perth
Perth is the capital and largest city of the Australian state of Western Australia. It is the fourth most populous city in Australia and Oceania, with a population of 2.1 million (80% of the state) living in Greater Perth in 2020. Perth is ...
metropolitan area. Justice Wilcox found that native title continues to exist within an area in and around Perth. It was the first judgment recognising native title over a capital city and its surroundings. The claim area itself is part of a much larger area included in the "Single Noongar Claim", covering the south-western corner of Western Australia. An appeal was subsequently lodged and in 2008 the Full Court of the Federal Court upheld parts of the appeal by the Western Australian and Commonwealth governments against Justice Wilcox's judgment.[.]
2008 – Blue Mud Bay sea rights
The 2008 decision by the High Court decided the ''Blue Mud Bay sea rights case
Blue Mud Bay is a large, shallow, partly enclosed bay on the eastern coast of Arnhem Land, in the Northern Territory of Australia, facing Groote Eylandt on the western side of the Gulf of Carpentaria. It lies east-south-east of Darwin in the ...
'', establishing a precedent for sea rights over an intertidal zone
The intertidal zone, also known as the foreshore, is the area above water level at low tide and underwater at high tide (in other words, the area within the tidal range). This area can include several types of habitats with various species o ...
for the first time. The Yolgnu people of Baniyala
Bäniyala is a tiny community of Aboriginal Australian people, known as a homeland, situated on Blue Mud Bay in the Gulf of Carpentaria in East Arnhem Land in the Northern Territory of Australia, located from Nhulunbuy. It is home to about 150 Y ...
were involved in this case, which involved Blue Mud Bay in East Arnhem Land
Arnhem Land is a historical region of the Northern Territory of Australia, with the term still in use. It is located in the north-eastern corner of the territory and is around from the territory capital, Darwin. In 1623, Dutch East India Compan ...
.
2007 & 2009 amendments
In 2007 the Howard Government passed the ''Native Title Amendment Act 2007
Native may refer to:
People
* Jus soli, citizenship by right of birth
* Indigenous peoples, peoples with a set of specific rights based on their historical ties to a particular territory
** Native Americans (disambiguation)
In arts and enterta ...
'', and the ''Native Title Amendment (Technical Amendments) Act'' 2007, a package of coordinated measures and technical amendments to improve the performance of the native title system. These are aimed at making the native title process more efficient and to speed up the determination of whether native title exists on the 580 claims that had been registered but not yet determined.
The ''Native Title Act 1993'' was further amended by the Rudd Government
Rudd Government may refer to the following Australian governments:
* Rudd government (2007–10)
Rudd Government may refer to the following Australian governments:
* Rudd government (2007–10)
* Rudd government (2013)
{{Dab ...
* Rudd gov ...
by the ''Native Title Amendment Act 2009
Native may refer to:
People
* Jus soli, citizenship by right of birth
* Indigenous peoples, peoples with a set of specific rights based on their historical ties to a particular territory
** Native Americans (disambiguation)
In arts and enterta ...
''. It allows the Federal Court to determine who may mediate a claim, whether that be the court itself, the Native Title Tribunal, or otherwise.
Further significant determinations
2020 – Yamatji
Yamatji Marlpa Aboriginal Corporation
Yamatji (or Yamaji) is a Wajarri language, Wajarri word that has at least three different meanings:
* a member of the Watjarri, Watjarri people
* any Aboriginal Australian person from the Murchison (Western Australia), Murchison region of Wester ...
was involved in a large native title claim from 1996, based on the ''Native Title Act 1993'', resulting in an historic determination in February 2020, involving both native title and an ILUA, covering an area of in Western Australia.
2020 – Gurindji, Wave Hill Station
A claim was lodged in 2016 by the Central Land Council
The Central Land Council (CLC) is a land council that represents the Aboriginal peoples of the southern half of the Northern Territory of Australia (NT), predominantly with regard to land issues. it is one of four land councils in the Northern Te ...
on behalf of the Gurindji people
The Gurindji are an Aboriginal Australian people of northern Australia, southwest of Katherine in the Northern Territory's Victoria River region.
Language and culture
Gurindji is one of the eastern Ngumbin languages, in the Ngumbin-Yapa s ...
s in the area, as there were mining interests in area covered by Wave Hill Station
Wave Hill Station, most commonly referred to as Wave Hill, is a pastoral lease in the Northern Territory operating as a cattle station. The property is best known as the scene of the Wave Hill walk-off, a strike by Indigenous Australian w ...
's pastoral lease.[ On 8 September 2020, the Federal Court of Australia recognised the native title rights of the Gurindji people to of the Wave Hill Station, allowing them to receive royalties as compensation from resource companies who explore the area. Justice Richard White said that the determination recognised Indigenous involvement (Jamangku, Japuwuny, Parlakuna-Parkinykarni and Yilyilyimawu peoples) with the land "at least since European settlement and probably for millennia".] The court sitting took place nearly south of Darwin, and descendants of Vincent Lingiari
Vincent Lingiari (13 June 1908 or 1919 – 21 January 1988) was an Australian Aboriginal rights activist and member of the Gurindji people. In his early life he started as a stockman at Wave Hill Station, where the Aboriginal workers were g ...
and others involved in the Wave Hill walk-off
The Wave Hill walk-off, also known as the Gurindji strike, was a walk-off and strike by 200 Gurindji stockmen, house servants and their families, starting on 23 August 1966 and lasting for seven years. It took place at Wave Hill, a cattle stati ...
celebrated the determination. The owners will participate in the mining negotiations and exploration work, from which royalties may flow in the future, but just as important is the right to hunt, gather, teach and perform cultural activities and ceremonies, and allow the young people to connect with their land.[
]
Native title rights and interests
Native title concerns the interaction of two systems of law:
* The traditional laws and customs that regulated the lives of Aboriginal and Torres Strait Islanders prior to the colonisation of Australia
Colonization, or colonisation, constitutes large-scale population movements wherein migrants maintain strong links with their, or their ancestors', former country – by such links, gain advantage over other inhabitants of the territory. When ...
by the British ("Aboriginal customary law").
* The English-derived legal system, which was brought to Australia with colonisation, which includes the common law and enacted laws ("Australian law"). Before Mabo 2, British imperial law was based upon the designation of Australia as a "settled" colony, rather than a conquered one. The assumption of ''terra nullius'' meant that the laws of England were imported and would apply, as there were no local laws to be respected (as there were in "conquered" or "ceded" colonies).
Native title is the term adopted in Australian law to describe the rights to land and waters possessed by Indigenous Australians under their customary laws that are recognised by the Australian legal system. Native title is able to be possessed by a community or individual depending on the content of the traditional laws and customs; it is inalienable other than by surrender to the Crown; and rights over the land may range from access and usage rights to rights of exclusive possession. Native title rights and interests are based on laws and customs that pre-date the British acquisition of sovereignty; they are distinct from the rights granted by government such as statutory land rights of the kind found in the ''Land Rights Act''. Native title rights and interests may exist over land and waters to the extent that they are consistent with other rights established over the land by law or executive action.
According to the National Native Title Tribunal (2013): "The native title rights and interests held by particular Aboriginal people will depend on both their traditional laws and customs and what interests are held by others in the area concerned. Generally speaking, native title must give way to the rights held by others. The capacity of Australian law to recognise the rights and interests held under traditional law and custom will also be a factor... The source of native title is the system of traditional laws and customs of the native title holders themselves." Native title rights and interests may include the right to live in an area or to access it for traditional purposes; to visit and protect sacred sites; to hunt, fish or gather resources; or to teach law and custom. Exclusive possession can only be recognised over certain parts of Australia, such as vacant Crown land
Crown land (sometimes spelled crownland), also known as royal domain, is a territorial area belonging to the monarch, who personifies the Crown. It is the equivalent of an entailed estate and passes with the monarchy, being inseparable from it. ...
, or areas already held by Indigenous Australians.
A 2015 review of the ''Native Title Act'' by the Australian Law Reform Commission
The Australian Law Reform Commission (often abbreviated to ALRC) is an Australian independent statutory body established to conduct reviews into the law of Australia. The reviews, also called inquiries or references, are referred to the ALRC by ...
reported that "Courts have indicated that native title is not to be understood in terms equivalent to common law property interests, but they often still tend to draw on these concepts... The prevailing view of the nature and content of native title is hybrid, drawing on traditional laws and customs for content, but also at times idiosyncratically adopting common law terms to describe the nature or character of the rights". It is a complex area of law. The Act continues to be reviewed and amended.
Native title determinations
The National Native Title Register (NNTR), maintained by the NNTT, is a register
Register or registration may refer to:
Arts entertainment, and media Music
* Register (music), the relative "height" or range of a note, melody, part, instrument, etc.
* ''Register'', a 2017 album by Travis Miller
* Registration (organ), th ...
of approved native title determinations. A determination can be that native title does or does not exist. As part of the determination of native title, native title groups are required to nominate a Native Title Prescribed Body Corporate
A Registered Native Title Body Corporate (RNTBC) is a corporation nominated by a group of Aboriginal or Torres Strait Islander people for the purposes of native title in Australia, to represent their native title rights and interests, once that ...
to hold (as trustee) or manage (as agent) their native title. Following a determination, Prescribed Bodies Corporate are entered onto the NNTR. At this point, the corporation becomes a Registered Native Title Body Corporate (RNTBC).
On 1 July 2011, the 160 registered determinations of native title covered some (approximately 16 per cent) of the land mass of Australia; and registered Indigenous land use agreement
Native title is the designation given to the common law doctrine of Aboriginal title in Australia, which is the recognition by Australian law that Indigenous Australians (both Aboriginal Australian and Torres Strait Islander people) have rights ...
s (ILUAs) covered about (about 16 per cent) of the land mass, as well as about of sea.
Mediation
Native title in Australia frequently involves mediation between native title parties and other groups with an interest in native title, such as the Australian Government, state and territory governments, miners and pastoralists. Amendments to the NTA made in 2012 meant that the NNTT would henceforth only conduct native title claim mediation by referral from the Federal Court, which may also order mediation by other agencies or persons. The purpose of mediation is to assist parties to clarify the issues in dispute, to explore options for settlement and to reach agreement. Mediation is a structured process, with the intention of a mutually agreed outcome rather than having a decision imposed by a judge.
Alternative agreements
Alternative settlements (also termed "broader settlements"[) may be negotiated out of court, often being resolved more quickly and efficiently than via the court process under the ''Native Title Act''. They can give traditional owner group recognition in areas where native title rights have been extinguished, or where it is difficult for a group to prove that it persists. Such agreements are resolved through negotiation, and recognition of traditional ownership and various other land rights in land may be achieved without an actual native title determination. Examples of such arrangements are the Indigenous land use agreement or, in Victoria, a settlement under the '']Traditional Owner Settlement Act 2010
A tradition is a belief or behavior (folk custom) passed down within a group or society with symbolic meaning or special significance with origins in the past. A component of cultural expressions and folklore, common examples include holidays or ...
'' (TOSA).
Alternative settlements agreements can be made alongside the ''Native Title Act'', but usually the traditional owners are required to withdraw any existing native title claims. Such settlements can include any matters agreed to by all parties, which may included recognition of traditional owner rights, grants of freehold for specified purposes, or the right to be consulted and participate in natural resource management
Natural resource management (NRM) is the management of natural resources such as land, water, soil, plants and animals, with a particular focus on how management affects the quality of life for both present and future generations ( stewardship) ...
.[
]
Types
ILUAs
An Indigenous land use agreement (ILUA) is a voluntary agreement between a native title group and others about the use of land and waters,[ provided for under the Act. They must be about native title matters, but can include other matters.][ ]
Text was copied from this source, which is available under
Attribution 4.0 International (CC BY 4.0)
licence (as pe
this page
. They enable people to negotiate flexible and pragmatic agreements to suit their particular circumstances.[ ]
Text was copied from this source, which is available under
Attribution 4.0 International (CC BY 4.0)
licence (as pe
this page
.
An ILUA may exist over areas where native title has, or has not yet, been determined; may be entered into regardless of whether there is a native title claim over the area or not; and may be part of a native title determination, or settled separately from a native title claim.[ An ILUA is binding between a native title group or ]Registered Native Title Body Corporate
A Registered Native Title Body Corporate (RNTBC) is a corporation nominated by a group of Aboriginal or Torres Strait Islander people for the purposes of native title in Australia, to represent their native title rights and interests, once tha ...
/s (RNTBC) and other parties, and bind all persons holding native title in the area of the ILUA, regardless of whether they are parties or not.[
ILUAs are an alternative to making an application for native title determination, generally processed within less than six months, and may deal with a wide range of issues, including such topics as:][
*native title holders agreeing to a future development;
*how native title rights coexist with the rights of other people;
*access to an area;
*protection of ]sacred sites
Sacred space, sacred ground, sacred place, sacred temple, holy ground, or holy place refers to a location which is deemed to be sacred or hallowed. The sacredness of a natural feature may accrue through tradition or be granted through a bless ...
*extinguishment of native title;
*compensation;
*employment and economic opportunities for native title groups;
*cultural heritage; and
*mining.
There are three types of ILUAs: Body Corporate Agreements, Area Agreements and Alternative Procedure Agreements.[
]
TOSA settlements (Vic.)
The ''Traditional Owner Settlement Act 2010'' (TOSA) "provides for an out-of-court settlement of native title. The Act allows the Victorian Government to recognise traditional owners and certain rights in Crown land. In return for entering into a settlement, traditional owners must agree to withdraw any native title claim, pursuant to the Native Title Act 1993 (Cth) and not to make any future native title claims".[
]
Text was copied from this source, which is available under
Attribution 4.0 International (CC BY 4.0)
licence.
Traditional owner
Alternative agreements require that the claimants demonstrate that they are the "traditional owners" of the country in question. However, this term has sometimes proved problematic in law: it is not mentioned in the NTA, but Indigenous Land Use Agreements (see below), which are provided for under the Act, require that the Indigenous group or groups party to the agreement assert "traditional ownership" of the area.
The definition of the term "traditional owner
Native title is the designation given to the common law doctrine of Aboriginal title in Australia, which is the recognition by Australian law that Indigenous Australians (both Aboriginal Australian and Torres Strait Islander people) have rights ...
" varies among jurisdictions. According to the ''Aboriginal Land Rights Act 1976'', the term refers to "a local descent group of Aboriginals who: (a) have common spiritual affiliations to a site on the land, being affiliations that place the group under a primary spiritual responsibility for that site and for the land; and (b) are entitled by Aboriginal tradition to forage as of right over that land".[ A similar definition was incorporated in the '']Environment Protection and Biodiversity Conservation Act 1999
The ''Environment Protection and Biodiversity Conservation Act 1999'' (Cth) is an Act of the Parliament of Australia that provides a framework for protection of the Australian environment, including its biodiversity and its natural and cultu ...
'' (EPBC), but legislation differed in various states, such as the South Australian legislation referring to an "Aboriginal person who has, in accordance with Aboriginal tradition, social, economic and spiritual affiliations with, and responsibilities for, the lands or any part of them".[
A further complexity is introduced in a form of ranking of rights, for example in New South Wales, a traditional owner must be both born in the country and have a cultural association with the land. Peter Sutton distinguishes between "core" and "contingent" rights, which he says are recognised among most Aboriginal peoples. So there are sometimes challenges in finding "the right people for the right country", complicated by the fact that there are cases where both primary and secondary rights holders are described by the term. Distinguishing between "historical people" and others who have been custodians of the land for many generations add to the complexity. In the case of some agreements, historical people may be recognised as parties even when they don't have "traditional" associations with the land.][
The term Traditional Owner Corporation (TOC) is used to refer to various types of Aboriginal and Torres Strait Islander corporations. Such a corporation is usually the negotiating body when determining native title outcomes.][ (A TOC is distinct from the ]Registered Native Title Body Corporate
A Registered Native Title Body Corporate (RNTBC) is a corporation nominated by a group of Aboriginal or Torres Strait Islander people for the purposes of native title in Australia, to represent their native title rights and interests, once tha ...
(RNTBC), which manages the land after a native title determination has been made.[ ]
Text was copied from this source, which is available under
Attribution 4.0 International (CC BY 4.0)
licence (as pe
this page
.)
In Victoria, a "traditional owner group" is defined in the ''Traditional Owner Settlement Act 2010'' to include those people recognised by the Attorney-General as traditional owners, based on their traditional and cultural associations with the land, and there are government guidelines detailing what these terms mean. They state that ''traditional'' "Denotes linkages with the past that are actively kept alive by the traditional owner group members. It is not restricted to features or activities understood to be fully continuous with, and identical to, such activities or features in pre-contact Aboriginal society".[ ]
Text was copied from this source, which is available under
Attribution 3.0 Australia (CC BY 3.0 AU)
licence.
Apart from the legal definitions, the terms traditional owners or traditional custodians of the land are included in Acknowledgment of Country wording which is used to pay respects to the people of that Country.
Examples of alternative settlements
*South West Native Title Settlement
The South West Aboriginal Land and Sea Council is the organisation that represents the Noongar people, the Aboriginal Australians of the southwest corner of Western Australia. It was formed in 2001, and is incorporated under the '' Corporations ...
for Noongar people in Western Australia aims to resolve native title claims in exchange for statutory recognition of the Noongar people as the traditional owners of south-Western Australia.[ it is the largest native title settlement in Australian history, affecting about 30,000 Noongar people and encompassing around in south-western Western Australia. It has been described as " Australia's first treaty".]
*An Indigenous Land Use Agreement (ILUA) was agreed with the Kaurna Yerta Aboriginal Corporation
The Kaurna people (, ; also Coorna, Kaura, Gaurna and other variations) are a group of Aboriginal people whose traditional lands include the Adelaide Plains of South Australia. They were known as the Adelaide tribe by the early settlers. Kaurn ...
(KYAC) in Adelaide, South Australia
Adelaide ( ) is the list of Australian capital cities, capital city of South Australia, the state's largest city and the list of cities in Australia by population, fifth-most populous city in Australia. "Adelaide" may refer to either Greater A ...
and effected on 19 November 2018.[Kaurna People Native Title Settlement ILUA]
/ref>
By state and territory
ACT
No native title claim has ever been granted in the ACT, because of the lack of historical records enabling such a determination to be made.
South Australia
An Indigenous Land Use Agreement (ILUA) was agreed with the Kaurna Yerta Aboriginal Corporation (KYAC) and effected on 19 November 2018.[ The agreement was among the South Australian government, the federal government and the Kaurna people, with formal recognition coming after the Federal Court judgement, 18 years after lodgement. This was the first claim for a first land use agreement to be agreed to in any Australian capital city. The rights cover Adelaide's whole metropolitan area and includes "17 parcels of undeveloped land not under freehold". Some of the land is Crown land, some belongs to the state government and some is private land owned by corporations. Justice Debra Mortimer said it would be "the first time in Australia that there adbeen a positive outcome within the area of (native title) determination".]
Victoria
, four native title claims have been determined in Victoria; three of them resulted in the recognition of native title by agreement via a consent determination in the Federal Court. In ''Yorta Yorta v Victoria
''Yorta Yorta v Victoria'' was a native title claim by the Yorta Yorta, an Aboriginal Australian people of north central Victoria. The claim was dismissed by Justice Olney of the Federal Court of Australia in 1998. Appeals to the Full Bench o ...
'' (see above) in 2003, native title was determined not to exist by the Federal Court. The native title determinations are:[ ]
Text was copied from this source, which is available under
Attribution 4.0 International (CC BY 4.0)
licence. (State
here
)
*Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Yupagalk Peoples (known as the "Wimmera claim - see above) (2005)
*Gunditjmara
The Gunditjmara or Gunditjamara, also known as Dhauwurd Wurrung, are an Aboriginal Australian people of southwestern Victoria. They are the traditional owners of the areas now encompassing Warrnambool, Port Fairy, Woolsthorpe and Portland. Their ...
People (2007)
*Gunaikurnai
The Gunaikurnai or Gunai/Kurnai ( ) people, also referred to as the Gunnai or Kurnai, are an Aboriginal Australian nation of south-east Australia. They are the Traditional Custodians of most of present-day Gippsland and much of the southern slop ...
People (October 2010)
Although the Yorta Yorta people's claim did not meet the legal standard for native title under the Act, in 2004 the Victorian Government
The Victoria State Government, also referred to as just the Victorian Government, is the state-level authority for Victoria, Australia. Like all state governments, it is formed by three independent branches: the executive, the judicial, and th ...
entered into a Cooperative Management Agreement with the Yorta Yorta Nation Aboriginal Corporation
The Yorta Yorta, also known as Jotijota, are an Aboriginal Australian people who have traditionally inhabited the area surrounding the junction of the Goulburn and Murray Rivers in present-day north-eastern Victoria and southern New South Wales ...
, which was the first Victorian agreement reached outside the native title process, and applies to designated areas of Crown land in north central Victoria, with direct engagement between Yorta Yorta, Parks Victoria
Parks Victoria is a government agency of the state of Victoria, Australia.
Parks Victoria was established in December 1996 as a statutory authority, reporting to the Victorian Minister for Environment and Climate Change. The ''Parks Victoria Ac ...
and the Department of Environment, Land, Water and Planning
The Department of Environment, Land, Water and Planning (DELWP) was a government department in Victoria, Australia.
Commencing operation in January 2015, the DELWP was created in the aftermath of the 2014 state election, with Premier Daniel Andr ...
(DELWP). In October 2010, the State entered into a Traditional Owner Land Management Agreement with the Yorta Yorta, which established the Yorta Yorta Traditional Owner Land Management Board to jointly manage Barmah National Park
The Barmah National Park, formerly Barmah State Park, is a national park located in the Hume region of the Australian state of Victoria. The park is located adjacent to the Murray River near the town of Barmah, approximately north of Melbourne ...
(a TOSA settlement, under the ''Traditional Owner Settlement Act 2010'').
Western Australia
An alternative settlement, the South West Native Title Settlement for Noongar people in Western Australia, aims to resolve native title claims in exchange for statutory recognition of the Noongar people as the traditional owners of south-Western Australia.[ it is the largest native title settlement in Australian history, affecting about 30,000 Noongar people and encompassing around in south-western Western Australia. It has been described as " Australia's first treaty".][
The '']Noongar (Koorah, Nitja, Boordahwan) (Past, Present, Future) Recognition Act 2016
The Noongar (, also spelt Noongah, Nyungar , Nyoongar, Nyoongah, Nyungah, Nyugah, and Yunga ) are Aboriginal Australian peoples who live in the south-west corner of Western Australia, from Geraldton on the west coast to Esperance on the so ...
'' recognises Noongar ownership, and the settlement includes six individual Indigenous Land Use Agreements (ILUAs).[ On 19 December 2019, the Federal Court upheld the Native Title Registrar’s decision to register the six ILUAs, and settlement is expected to begin in the second half of 2020.
]
National Native Title Council
The National Native Title Council (NNTC) is a not-for-profit
A nonprofit organization (NPO) or non-profit organisation, also known as a non-business entity, not-for-profit organization, or nonprofit institution, is a legal entity organized and operated for a collective, public or social benefit, in co ...
organisation whose website states that it is the "peak body
A peak organisation or peak body is an Australian term for an advocacy group or trade association, an association of industries or groups with allied interests. They are generally established for the purposes of developing standards and processes, ...
for the native title sector". Its members include regional Native Title Representative Bodies (NTRBs), Native Title Service Providers (NTSPs), local Prescribed Body Corporates (PBCs) and Traditional Owner Corporations (TOCs).
Human rights reports
Under the ''Native Title Act 1993'', the was required to prepare an annual report to the Attorney-General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
on the operation of the NTA and its effect on the exercise and enjoyment of human rights of Aboriginal and Torres Strait Islander peoples, and to report on other matters as and when requested by the Attorney-General.[ ]
Text was copied from this source, which is available under
Attribution 4.0 International (CC BY 4.0)
licence. (Statemen
here
)
The objectives of the Commissioner were to provide and promote a human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
perspective on native title; to assist in developing more efficient native title processes; and to advocate for the co-existence between Indigenous and non-Indigenous interests in land based on compatible land use.[ All of the reports from 1994 to 2016 have been published online. Changes brought about by the '' Human Rights Legislation Amendment Act 2017'' removed the statutory obligation for an annual Social Justice and Native Title Report such as those produced up to and including 2016.]
See also
* Aboriginal land rights in Australia
Indigenous land rights in Australia, also known as Aboriginal land rights in Australia, relate to the rights and interests in land of Aboriginal and Torres Strait Islander people in Australia, and the term may also include the struggle for thos ...
* Australian Aboriginal sovereignty
* Australians for Native Title and Reconciliation
Australians for Native Title and Reconciliation (ANTaR) is an independent, national non-government, not-for-profit, community-based organisation founded in 1997 which advocates for the rights of Aboriginal and Torres Strait Islander people in A ...
* List of Australian native title court cases
Native title in Australia
Native title is the designation given to the common law doctrine of Aboriginal title in Australia, which is the recognition by Australian law that Indigenous Australians (both Aboriginal Australian and Torres Stra ...
* List of native title claims in South Australia
* Native title legislation in Australia
Native title legislation in Australia includes legislation by Commonwealth, state, and territory parliaments of Australia which codifies and modifies common law regarding native title in Australia.
''Native Title Act 1993'' (Cwth)
The recognit ...
* Outstation movement
An outstation, homeland or homeland community is a very small, often remote, permanent community of Aboriginal Australian people connected by kinship, on land that often, but not always, has social, cultural or economic significance to them, as ...
References
Further reading
* – Summary of points in the land rights movement and native title for a Yr 11 course.
PDF
PDF
*
AIATSIS summary
*
*
*
* The Native Title Infobase includes selected material commencing from 1839 to the present day - online catalogue only
* (1994– )
Native title research and resources
at Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)
* – includes all applications relating to native title and Indigenous Land Use Agreements.
* His Honour quotes Kirby in Fejo, who dismissed an argument that the Letters Patent
Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, titl ...
Proviso provides any protection for the rights of Aboriginal people to the occupation or enjoyment of their lands. – refers to ''Fejo v Northern Territory'' (1998) 195 CLR 96. (This case is based on s 61 ''Native Title Act 1993'' (Cth).)
External links
* (Latest version as of July 2020)
*
*
{{Aboriginal Australians
*