What is the concept of native title?
Native title is the recognition that Aboriginal and Torres Strait Islander people have rights and interests to land and waters according to their traditional law and customs as set out in Australian Law. Native Title is governed by the Native Title Act 1993 (Cth).
What does the native title Act do?
What is native title? The Native Title Act 1993 (Cth) (NTA) is a law passed by the Australian Parliament that recognises the rights and interests of Aboriginal and Torres Strait Islander people in land and waters according to their traditional laws and customs.
Where does native title exist?
Native title is the recognition in Australian law that some Indigenous people continue to hold rights to their land and waters, which come from their traditional laws and customs. It may include the right to possess and occupy an area to the exclusion of all others (often called a right of exclusive possession).
What does exclusive native title mean?
Exclusive native title—the right to possess, occupy and use an area to the exclusion of all others. In other words, it allows native title holders to control access to lands. Non-exclusive native title—rights co-exist alongside other property rights, which means native title holders don’t control access to lands.
Why is native title good?
Native title protects the land which will be passed on to future generations along with the traditional laws and customs which govern it. Business opportunities. Aboriginal people can establish businesses and create training and employment, giving them economic independence.
How do I claim my native title?
Native title claims are made by application to the Federal Court. Once an application is filed, it must be successfully registered with the National Native Title Tribunal (NNTT). A full list of all the current registered native title claimant applications in NSW is available from the NNTT register of claims.
Is native title Common Law?
1. Native title is neither a common law nor an Aboriginal law title but represents the recognition by the common law of title under Aboriginal law. … Extinguishment of recognition of native title also occurs where there is an interest inconsistent with the continued enjoyment of Aboriginal title.
Does native title have capital letters?
Upper case in all references to Aboriginal or Torres Strait Islander people, or to First Nations people of the US or Canada. See Aboriginal and Torres Strait Islander references. Aboriginal and Indigenous should always be capitalised.