Native title in Australia - Knowledge (XXG)

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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

840:"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." 1147:. 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 280:. 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. 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. 1072:

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

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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.

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judgment, 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

1243:(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". 1272:, 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 3969: 3874: 3834: 3616: 3528: 3488: 3438: 1703: 1635: 690:, 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. 1261:") 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. 344:, 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. 389:

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'.

1160:, 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 1185:) 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. They enable people to negotiate flexible and pragmatic agreements to suit their particular circumstances. 1286:

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.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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,

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The English-derived legal system, which was brought to Australia with colonisation, which includes the common law and enacted laws ("Australian law"). As Australia was (and remains) designated as a "settled" colony, the laws of England were imported with any local laws not recognised (as they would

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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

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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. As of 2020 it is the largest native title

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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

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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

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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

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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. As of 2020 it is the largest native title settlement in Australian history, affecting about 30,000 Noongar

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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

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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 800 kilometres (500 mi) south of Darwin, and

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as native title holders over part of their traditional lands. The Court rejected the notion that all Indigenous rights to land were abolished upon acquisition of sovereignty over Australia. The Court held that native title rights continued to exist, and that these rights existed by virtue of the

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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

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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.

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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.

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continuing connection of Indigenous People to land, independent from a grant from the Crown. Native title would continue to exist as long as traditional laws and customs continue to be observed, unless the rights were otherwise extinguished by an incompatible grant by the Crown. Justice

1278:(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". 693:

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

1313:"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". 212:

the communal, group or individual rights and interests of Aboriginal people and Torres Strait Islander people in relation to land and waters, possessed under traditional law and custom, by which those people have a connection with an area which is recognised under

795:, 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 3150: 3052: 97:

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

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In March 2023, 8578.35 kilometres along the coast of the Grey River in Victoria. The case was the first Native Title case heard in the state of Victoria for 10 years. At the Federal Court at Warnambool designated the land as native title rights.

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in March 1981. This legislation gave significant rights well in advance of any other to date in Australia. In 1981, SA Premier Tonkin returned 102,650 square kilometres (39,630 sq mi) of land (10.2% of the state's land area) to the

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recognised the native title rights of the Gurindji people to 5,000 square kilometres (1,900 sq mi) of the Wave Hill Station, allowing them to receive royalties as compensation from resource companies who explore the area. Justice

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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

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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).

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arguing that Aboriginal people retained rights to land as an Aboriginal nation or nations existed pre-settlement and continues to exist, and that their land had been taken by conquest rather than by settlement. The court held in

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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.

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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.

4766: 1297:) 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 1451:(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 698:, 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." 1519: 271:

Australia did not experience litigation involving Aboriginal native title until the 1970s, though several earlier cases tangentially involved issues of native title. In 1835, John Batman purported to sign

561:. 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 1096:

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.

968:", the High Court ruled for the first time on compensation for the extinguishment of native title in Australia. It is considered a "landmark" native title case, because the clauses contained within the 1443:, 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, 1468:

settlement in Australian history, affecting about 30,000 Noongar people and encompassing around 200,000 km (77,000 sq mi) in south-western Western Australia. It has been described as "

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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.

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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:

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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

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On 1 July 2011, the 160 registered determinations of native title covered some 1,228,373 km (474,277 sq mi) (approximately 16 per cent) of the land mass of Australia; and registered

384:. However, the substantive issue of continuing land rights was not heard due to the lack of precision, vagueness and other serious deficiencies with the statement of claim presented to the court. 1405:

As of 2020, 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

4309: 1387: 993:, resulting in an historic determination in February 2020, involving both native title and an ILUA, covering an area of 48,000 square kilometres (19,000 sq mi) in Western Australia. 336:

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

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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.

184:; 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 4444: 3022: 4153: 1143:

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

4738: 4693: 1076:. 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. 624:. 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. 5246: 944: 4708: 1998: 1448: 654:, 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. 4108: 3123: 86:. Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title rights over the same land. 4796: 4786: 74:

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

3663:"We acknowledge the Traditional Custodians of NSW, and their continued connection to land, water and culture. We pay our respects to Elders past, present and emerging." 526:, "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". 5142: 4746: 4477: 4389: 1120:(ILUAs) covered about 1,234,129 km (476,500 sq mi) (about 16 per cent) of the land mass, as well as about 5,435 km (2,098 sq mi) of sea. 1477: 593:

terms and nature of the particular pastoral lease. Where there was a conflict of rights, the rights under the pastoral lease would prevail over native title rights.

4640: 4462: 1576: 1252: 5283: 1586: 1383: 5043: 4771: 4234: 110:, is a body that applies the "registration test" to all new native title claimant applications, and undertakes future act mediation and arbitral functions. The 4016: 5213: 4610: 4487: 4258: 3990: 166:. By contrast, native title arises as a result of the recognition, under Australian common law, of pre-existing Indigenous rights and interests according to 111: 4084: 5169: 3597: 1581: 430:

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.

5278: 5090: 4878: 4863: 4482: 4419: 333: 2886: 2837: 4781: 4688: 4424: 1440: 3571: 3085: 1502:

for the native title sector". Its members include regional Native Title Representative Bodies (NTRBs), Native Title Service Providers (NTSPs), local

757:. Land rights were recognised over 31,000 square kilometres (12,000 sq mi) of land (half the size of Tasmania) via an ILUA on 5 July 2011. 5288: 5241: 4897: 4406: 2734: 3724: 5334: 5225: 5181: 4801: 4600: 4467: 3737: 3707: 1923: 1805: 733: 320:(also known as the Woodward Royal Commission) was established in 1973 to inquire into appropriate ways to recognise Aboriginal land rights in the 290: 3950: 3236: 1898: 972:

pertaining to the determination of compensation payable due to the extinguishment of native title had never been heard before in the High Court.

3789: 1193:/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. 417:

in November 1978, several months prior to his resignation from Parliament. An amended bill, following extensive consultation, was passed by the

5018: 4535: 1298: 1190: 1109: 930:. It allows the Federal Court to determine who may mediate a claim, whether that be the court itself, the Native Title Tribunal, or otherwise. 4344: 3764: 2965: 4492: 4209: 4125: 4101: 3160: 3062: 1591: 986: 3354:"Broader native title settlements and the meaning of the term 'traditional owners': AIATSIS Native Title Conference, Melbourne, 4 June 2009" 1374:

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.

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people. The legislation was proclaimed in January 1985 and was followed by a ceremony in the desert attended by Maralinga Tjarutja leader

4184: 2931: 1943:

Brock, Peggy; Gara, Tom (2017). "3. From segregation to self-determination in the twentieth century". In Brock, Peggy; Gara, Tom (eds.).

5261: 1566: 1353: 250: 241:, etc. If native title is granted, specific rights are decided on a case-by-case basis, and may only sometimes includes freehold title. 167: 151: 3466: 1541:

removed the statutory obligation for an annual Social Justice and Native Title Report such as those produced up to and including 2016.

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people and encompassing around 200,000 km (77,000 sq mi) in south-western Western Australia. It has been described as "

1341: 454: 2995: 5147: 4980: 4950: 4545: 4170: 4142: 4118: 4094: 2908: 2242: 1958: 1571: 1397:

said it would be "the first time in Australia that there been a positive outcome within the area of (native title) determination".

1210: 377: 317: 4177: 1993: 5317: 5251: 4940: 4830: 4776: 4580: 4525: 3127: 1537: 1469: 1346: 1092: 953: 4312:

Proviso provides any protection for the rights of Aboriginal people to the occupation or enjoyment of their lands. – refers to

5099: 5008: 4660: 4510: 4454: 4375: 616: 605: 176: 3258: 2780: 233:(Cth), of Indigenous Australians' rights and interests in land and waters according to their own traditional laws and customs. 5327: 5311: 5256: 4728: 2110: 2041: 1727: 1523: 562: 238: 103: 4650: 3895: 2277: 921: 1753: 1149: 964:

lands surrounding Timber Creek. It related to various earlier cases since 1997. Described as "the most significant … since

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Native title has also been described as a "bundle of rights" in land, which may include such rights as camping, performing

5038: 4756: 4673: 4620: 4570: 4502: 3509: 2873: 1282: 1117: 750: 119: 1411:(see above) in 2003, native title was determined not to exist by the Federal Court. The native title determinations are: 188:(NTA) gives recognition that "Aboriginal and Torres Strait Islander people have rights to land, water and sea, including 4816: 4070: 3387: 2973: 2481: 874: 707: 669:(1998) addressed an application made on behalf of the Miriuwung and Gajerrong people of the east Kimberly, over land in 5293: 5132: 5023: 4868: 4806: 4791: 4678: 4563: 4550: 1950: 1161: 788: 285: 266: 4703: 926: 904: 297:

explicitly rejected the concept of native title, ruling against the claimants on a number of issues of law and fact.

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The Native Title Infobase includes selected material commencing from 1839 to the present day - online catalogue only

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Although the Yorta Yorta people's claim did not meet the legal standard for native title under the Act, in 2004 the

803:' mission camp) to the Maralinga Tjarutja people. The Maralinga Tjarutja lands now total 102,863 square kilometres. 5115: 4751: 4558: 2781:"The 2007 Amendments to the Native Title Act 1993 (Cth): Technical Amendments or Disturbing the Balance of Rights?" 2677: 2657: 2637: 2494: 2418: 2370: 2350: 2330: 2310: 1020: 381: 90: 5360: 5271: 5075: 4970: 4683: 3353: 1503: 1357: 1323: 1231:

There are three types of ILUAs: Body Corporate Agreements, Area Agreements and Alternative Procedure Agreements.

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The traditional laws and customs that regulated the lives of Aboriginal and Torres Strait Islanders prior to the

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in some cases, but does not provide ownership". It allows for negotiations over land, but does not provide for a

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Australian Institute of Aboriginal and Torres Strait Islander Studies. Native Title Research Unit (June 2000).

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Australian Institute of Aboriginal and Torres Strait Islander Studies. Native Title Research Unit (June 2000).

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Australian Law Reform Commission (28 May 2015). "The nature and content of native title rights and interests".

2465: 2395: 2272: 2216: 2178: 2169: 1877: 1853: 1801: 965: 856: 682: 579: 484: 478: 474: 57: 2431: 47:

groups or individuals to land that derive from their maintenance of their traditional laws and customs. These

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Clayton Utz – Amendments to the Native Title Act 1993 – some improvements for the energy and resources sector

5220: 5157: 5152: 4990: 4935: 4434: 2722: 2469: 2399: 2284: 2220: 2182: 2065: 2045: 1881: 1857: 1833: 949: 368: 181: 99: 4110:

A guide to Australian legislation relevant to native title: Volume Two (WA, Tas., ACT, NT and Commonwealth)

5164: 4853: 4414: 4398: 3284: 2456: 2037: 1407: 1257:

Alternative agreements require that the claimants demonstrate that they are the "traditional owners" (or "

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and Jupagalk people. In his reasons for judgment Justice Merkel explained the significance of his orders:

638: 364: 163: 94: 44: 3209: 488:(1992) was the foundational case for native title in Australia. In 1992 the rejection of native title in 5192: 5127: 4873: 4723: 4439: 4429: 2490: 1318: 1258: 557: 552: 538: 505: 450: 277: 147: 115: 67: 40: 4216: 4202:

Customary Land Tenure and Registration in Australia and Papua New Guinea: Anthropological Perspectives

1895: 4848: 1452: 1436: 1025: 1008: 800: 742: 651: 189: 2690: 2151:

Recognizing Aboriginal title: the Mabo case and Aboriginal resistance to English-settler colonialism

4698: 4605: 3977: 2096: 1974: 1919: 1596: 674: 5298: 5208: 5137: 5122: 4945: 4858: 4821: 2932:"'It is your land': Traditional owners granted native title and funding deal in Australian first" 2195: 2028: 1034: 1002: 647: 548: 438: 329: 321: 313: 4059: 3658: 2765: 2629:

Clarke on behalf of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples v Victoria

273: 4295: 4270: 3860:

Victoria Government. Dept of Environment, Land, Water and Planning (DELWP) Forests and Reserves

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Victoria Government. Dept of Environment, Land, Water and Planning (DELWP) Forests and Reserves

2808: 2751: 1944: 1781: 4960: 4930: 4883: 4718: 4515: 4205: 4197: 4166: 4138: 4114: 4090: 3156: 3058: 2414: 2238: 2083: 1954: 1265: 1105: 1016: 957: 784: 670: 621: 337: 294: 2996:"Wave Hill walk-off veterans recognised in 'particularly special' native title determination" 2673: 2653: 2633: 2346: 2306: 5322: 4668: 4630: 2857: 2486: 2366: 1558: 1030: 891: 792: 687: 449:. This granted rights over 75,000 square kilometres (29,000 sq mi) of land in the 48: 17: 4308: (17 January 2019) His Honour quotes Kirby in Fejo, who dismissed an argument that the 4305: 3110: 2718: 2461: 2391: 2326: 2268: 2212: 2174: 2061: 2033: 2003: 1873: 1849: 1821: 5048: 4086:

A guide to Australian legislation relevant to native title: Volume One (NSW, VIC, QLD, SA)

3051:

Australian Law Reform Commission (28 May 2015). "Native title in its historical context".

1902: 1797: 1012: 879: 695: 427: 407: 159: 4367: 1825: 4286:– includes all applications relating to native title and Indigenous Land Use Agreements. 5303: 5198: 5070: 4975: 3862:. State of Victoria (Department of Environment, Land, Water and Planning). 12 June 2019 3822:. State of Victoria (Department of Environment, Land, Water and Planning). 12 June 2019 3738:"Doma development to be built over possible Aboriginal men's business site in Canberra" 1495: 1444: 1394: 585: 510: 214: 155: 36: 27:

Australian law recognising that Aboriginal people have rights to their traditional land

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In 2005 the Federal Court brought down a judgment recognising the native title of the

5349: 5013: 4925: 4590: 4530: 4331: 4198:"Chapter Ten: Outstation Incorporation as Precursor to a Prescribed Body Corporate 1" 3708:"Native Title Determination Details: SCD2018/001 - Kaurna Peoples Native Title Claim" 3319: 2909:"Timber Creek Native Title Compensation Claim Brings High Court to NT for First Time" 1656: 860: 720: 497: 442: 325: 75: 4079:– Summary of points in the land rights movement and native title for a Yr 11 course. 3183: 3086:"Connection to Country: Review of the Native Title Act 1993 (Cth) (ALRC Report 126)" 2546:"Nangkiriny v State of Western Australia [2004] FCA 1156 (8 September 2004)" 775:

handed back title to 21,000 square kilometres of land to the Maralinga Tjarutja and

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In May 2004, following the passage of special legislation, South Australian Premier

5203: 5110: 5065: 5060: 4965: 4840: 4540: 3546:"Broader native title settlements and the meaning of the term 'traditional owners'" 2521:"Nangkiriny v State of Western Australia [2002] FCA 660 (12 February 2002)" 1531: 1301:(RNTBC), which manages the land after a native title determination has been made.) 589: 446: 418: 143: 32: 4356: 4273:

at Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS)

3634:"MTWW Protocols and Procedures Working in Partnership with Aboriginal Communities" 3620: 3419: 3023:"First native title ruling in decade returns Victorian land to traditional owners" 2571: 2545: 2520: 2118: 2080:

Constitutional Confusion in the Cocos Islands: The Strange Deliverance of Lim Keng

1616: 4132: 3679: 3633: 4920: 4595: 4292:

From Milirrpum to Mabo: The High Court, Terra Nullius and Moral Entrepreneurship

1478:

Noongar (Koorah, Nitja, Boordahwan) (Past, Present, Future) Recognition Act 2016

1428: 1422: 827: 434: 423: 414: 385: 139: 79: 62: 5028: 4915: 4910: 4585: 4575: 4520: 3973: 3878: 3838: 3532: 3496: 3492: 3446: 3442: 3306: 3302: 3152:

Connection to Country: Review of the Native Title Act 1993 (Cth): Final report

3054:

Connection to Country: Review of the Native Title Act 1993 (Cth): Final report

1711: 1707: 1639: 1548: 1081: 823: 776: 226: 180:(see below) covers the granting of land to Aboriginal Land Trusts; setting up 52: 1684: 5174: 4905: 1499: 772: 766: 746: 360: 83: 3545: 3882: 3842: 787:

border, was then called the Unnamed Conservation Park. It is now known as

4645: 4635: 3765:""Our ancestors will be smiling": Kaurna people gain native title rights" 887: 883: 780: 356: 3212:. Australian Institute of Aboriginal and Torres Strait Islanders Studies 1415:

Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Yupagalk Peoples (known as

1104:

The National Native Title Register (NNTR), maintained by the NNTT, is a

822:

claim in south-eastern Australia and in Victoria, determined by Justice

813:

Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples v Victoria

719:

groups of Aboriginal people to an area of seas and sea-beds surrounding

4162: 3968: 3873: 3833: 3790:"Kaurna Yerta is a step closer to finding a home in Tarntanya Adelaide" 3615: 3527: 3487: 3437: 3030: 2612: 1702: 1634: 981: 961: 852: 831: 818: 584:

After the Mabo decision it was uncertain as to whether the granting of

543:

One year after the recognition of the legal concept of native title in

1946:

Colonialism and its Aftermath: A history of Aboriginal South Australia

3576:

Australian Institute of Aboriginal and Torres Strait Islander Studies

3550:

Australian Institute of Aboriginal and Torres Strait Islander Studies

2887:"What Next After 'Most Significant' Native Title Decision Since Mabo" 1326:

wording which is used to pay respects to the people of that Country.

796: 620:. This Act, also known as the "10 Point Plan", was introduced by the 118:

on legal and legal-policy regarding on native title, and assists the

3638:

Women's Health Goulburn North East Women’s Health Promotion Victoria

3467:"About Indigenous Land Use Agreements (ILUAs): [Fact sheet]" 745:

and others were plaintiffs, were cases addressing the claims of the

551:

formalised the recognition by legislation with the enactment by the

61:

in 1992. The doctrine was subsequently implemented and modified via

2715:

Northern Territory of Australia v Arnhem Land Aboriginal Land Trust

2323:

Members of the Yorta Yorta Aboriginal Community v State of Victoria

989:

was involved in a large native title claim from 1996, based on the

4985: 4955: 3126:. National Native Title Tribunal. 19 December 2007. Archived from 2237:(4 ed.). Australia: LexisNexis Butterworths. pp. 56–57. 1643: 1316:

Apart from the legal definitions, the terms traditional owners or

4204:. Asia-Pacific Environment Monographs. ANU E Press. p. 199. 3662: 2139:

Sydney Morning Herald, 3 Dec 2008, "Hero of the Maralinga People"

1530:

The objectives of the Commissioner were to provide and promote a

1520:

Aboriginal and Torres Strait Islander Social Justice Commissioner

4615: 2596:

The Age 25 August 2004, "Maralinga Handover Prompts Celebration"

1203:

how native title rights coexist with the rights of other people;

716: 193: 4371: 2735:"The High Court's decision in the Blue Mud Bay case: a summary" 2572:"Bidyadanga Initial Works Indigenous Land Use Agreement (ILUA)" 1015:

in the area, as there were mining interests in area covered by

779:

people. The land, 1,000 kilometres (620 mi) north-west of

715:(2001), addressed an application made on behalf of a number of 2966:"Native Title rights recognised over famous Wave Hill Station" 1638:

Text was copied from this source, which is available under an

1221:

employment and economic opportunities for native title groups;

437:'s Labor government passed legislation to return lands to the 170:. Native title is not a grant or right created by governments. 3972: