What are the rules around native title claims?

What are the rules around native title claims?

Native title requires Aboriginal people to prove they have had a continuous and unbroken connection to their country since colonisation, which in Western Australia was 1829.

What limits the recognition of native title?

Native title: • can be extinguished (refused recognition) because of things the government has done, or allowed others to do, over a particular area that are inconsistent with native title • is not granted by governments—it is usually recognised through a determination made by the Federal Court under the Native Title …

What is native title and how is it different from other common law property rights in Queensland?

Native title rights 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.

What are the Aboriginal land rights in Australia?

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.

Is native title a property right?

Native title is often described as a ‘bundle of rights’ in land, meaning a collection of rights. These rights may include the right to camp, hunt, use water, hold meetings, perform ceremony and protect cultural sites.

What is wrong with the Native Title Act?

The problem is that native title can easily be extinguished, it is impossible to ‘revive’ extinguished title, and there’s a lack of either a right of veto or a statutory entitlement to any royalties from mining. Private payments negotiated with mining companies allow these access to traditional lands.

Can native title be claimed on private property?

Native title cannot take away anyone else’s valid rights to land, including owning a home, holding a pastoral lease or having a mining licence. Australian law does not recognise native title over places where people have exclusive possession of the land, like privately owned freehold land.

What are the benefits of native title?

Native title benefits are paid to recognise the rights and interests Aboriginal and Torres Strait Islander peoples have with their land and waters, which comes from their traditional laws and customs, under Australian law.

How do I claim Aboriginal land rights?

Aboriginal people can only claim vacant government-owned land (“Crown land”) under the Native Title Act and they must prove a continuous relationship with this land. “Freehold title” is land owned by individual owners, companies or local councils. Such lands cannot be claimed.

What is the difference between land rights and native title?

Land rights usually comprise a grant of freehold or perpetual lease title to Indigenous Australians. By contrast, native title arises as a result of the recognition, under Australian common law, of pre-existing Indigenous rights and interests according to traditional laws and customs.

What’s the difference between land rights and native title?

Can indigenous people claim land?

Aboriginal communities in NSW can claim land to compensate them for historic dispossession of land and to support their social and economic development. The Aboriginal Land Rights Act 1983 (ALRA) was introduced to compensate Aboriginal people in NSW for dispossession of their land.