Learn what native title is and which historic events shaped the modern Aboriginal people's relationship to their traditional lands.
National Native Title Tribunal
The National Native Title Tribunal is an independent body established by the Native Title Act 1993 (Cth). Since July 2012 the Federal Court of Australia has had responsibility for the corporate administration of the Tribunal. This includes the obligation to prepare a Corporate Plan as required paragraph 35(1)(a) of the Public Governance, Performance and Accountability Act 2013 (Cth).
Australian Human Rights Commission - Native Title
Native title is a property right which reflects a relationship to land which is the very foundation of Indigenous religion, culture and well-being. The non-discriminatory protection of native title is a recognised human right.
Aboriginal Affairs and Engagement (Western Australia): department that leads action to improve life opportunities for Aboriginal Western Australians.
Aboriginal and Torres Strait Islander Social Justice (Australian Human Rights Commission): includes information about the Aboriginal and Torres Strait Islander Social Justice Commissioner, whose role involves reviewing the impact of laws and policies on Indigenous people and reporting on Indigenous social justice and native title issues.
Only the Northern Territory, Queensland and New South Wales have a formal claims process. In Western Australia, South Australia and Victoria, Aboriginal land trusts have been established to acquire, manage and use land for the benefit of Aboriginal people.
This map shows the percentage of the Australian land mass that has been claimed by land rights (red), has been determined to be exclusive native title (red and yellow stripes), or non-exclusive native title (yellow) and the percentage that has been claimed but not yet determined yet (yellow stripes).
Korff, J 2020, Land rights and native title – what's the difference?, <https://www.creativespirits.info/aboriginalculture/land/land-rights-and-native-title-whats-the-difference>, retrieved 19 April 2023
Source: Land rights and native title – what's the difference? - Creative Spirits, retrieved from https://www.creativespirits.info/aboriginalculture/land/land-rights-and-native-title-whats-the-difference
In December 1976 the federal parliament passed the Aboriginal Land Rights (Northern Territory) Act. It was the first legislation in Australia that enabled First Nations peoples to claim land rights for Country where traditional ownership could be proven.
Native Title arises as a result of recognition, under Australian common law, of pre-existing Indigenous rights and interests according to traditional laws and customs.
Land rights usually comprise a grant of freehold or perpetual lease title to Indigenous Australians.
Key legislation relating to native title law include:
Search for Commonwealth legislation at Federal Register of Legislation and Western Australian Legislation for Western Australian legislation.
