Native title claims
Although the native title claim process is complex and will take time, it can deliver benefits to those Aboriginal and Torres Strait Islander communities who achieve a native title determination or recognition.
What land can I claim?
Native title claims can only be made on some areas of land or water—for example, on vacant or unallocated state land and other non-freehold lands such as national park, some leasehold properties and reserves.
Sometimes, past government acts impact the recognition of native title over an area of land—for example, if freehold land or leases exist, or public works like hospitals or roads have been built. In these cases, native title holders may be entitled to compensation.
Read more about how to apply for native title.
Your rights under native title
Native title rights acknowledge the long-standing connection Aboriginal peoples and Torres Strait Islander peoples have always had to traditional lands, and the way Country forms a foundation for unique cultures and societies.
Although Indigenous lore systems of land ownership have existed for thousands of years, native title is an interpretation of ownership under mainstream Australian law. It’s not a title or legal ownership of land or waters, and doesn’t include ownership of resources like minerals, petroleum or gas.
The types of rights that are recognised in a native title determination depend on the particular lores and customs of your claim group.
Costs
Financial outcomes
A native title determination recognises native title rights and interests over areas of land. This recognition does not involve a financial settlement.
Legal fees
Whenever possible, we try to resolve native title applications through a process of negotiation called a ‘consent determination’. This approach prioritises relationship building, and tries to avoid the need for any disputes to be resolved by the Federal Court, which can be a costly and time-consuming approach for all involved.
The Queensland Government does not fund native title claims. Commonwealth funding through the National Indigenous Australians Agency (NIAA) is available to Aboriginal and Torres Strait Islander groups that wish to pursue a claim. Native title representative bodies can provide information on how to apply for this funding.
Compensation
In many instances, native title was cancelled out (extinguished) by past acts of government, such as:
- clearing land
- building public infrastructure
- granting freehold tenure for private property.
In these cases, Traditional Owners can lodge a compensation claim. This compensation does involve a financial settlement.
Want more information?
- Read more about how to apply for native title.
- Find out more about your rights and responsibilities once you’ve received a native title determination.
Native title representative bodies are organisations that help Aboriginal peoples and Torres Strait Islander peoples with all aspects of native title claims. They can provide legal representation for the claims process and any other land issues. You’ll work closely with them as you make a claim and it progresses, and they can answer any questions you have about native title.
The National Native Title Tribunal also has lots more information about native title.