Native Title in Australia

Native Title In Australia

Native title is the Australian version of the common law doctrine of Aboriginal title.

Native title is "the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs". The concept recognises in certain cases there was and is a continued beneficial legal interest in land held by local Indigenous Australians which survived the acquisition of radical title to the land by The Crown at the time of sovereignty. Native title can co-exist with non-Indigenous proprietary rights and in some cases different Indigenous groups can exercise their native title over the same land.

The foundational case off for native title in Australia is Mabo v Queensland (No 2) (1992). The recognition of the legal concept of native title in Mabo led to its recognition by the legislative system a year later when the Keating government enacted the Native Title Act 1993. It attempted to clarify the legal position of landholders and the processes that must be followed for native title to be claimed, protected and recognised through the courts.

The Federal Court of Australia mediates claims made by Aboriginal and Torres Strait Islander peoples 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 (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.