Native title
What is native title?
Aboriginal peoples and Torres Strait Islander peoples are the original people of Australia who have rights and interests in land that come from their traditional lores and customs. The recognition of these rights in Australian Law is called 'native title’ and is administered through the Native Title Act 1993 (Cth).
The Queensland Government does not grant native title. It’s usually recognised through a determination made by the Federal Court of Australia. Native title isn’t ‘won’ or ‘given’ – it’s the legal recognition of rights and interests that have existed for thousands of years.
Find out more about what native title is and isn’t, and how it impacts Queensland.
Foundations in history
When Captain Cook first arrived in Australia, he declared that the land was terra nullius – belonging to no one. This was challenged in the High Court of Australia in a case brought by Meriam Torres Strait Islander man Eddie Koiki Mabo, who argued that the Meriam People of the Torres Strait held native title over their traditional lands. The High Court agreed that the Meriam people:
- had maintained ongoing connection to their land even after colonisation
- exercised rights and interests over the land and waters that came from their traditional lores and customs.
This decision was significant in overturning terra nullius.
The Native Title Act was created shortly after the court’s decision. It provides a foundation in Australian law to recognise and protect Aboriginal and Torres Strait Islander people’s lores and cultural responsibilities related to their traditional lands and waters. In mainstream Australian law, these lores and responsibilities are referred to as ‘laws and customs’.
Why is it important?
Native title is the mainstream law process that Aboriginal peoples and Torres Strait Islander peoples have to go through to obtain recognition as the first peoples of land.
Native title also recognises that Aboriginal peoples and Torres Strait Islander peoples have an important and ongoing connection to the lands and waters of their traditional country.
For some groups, a native title recognition can be an important acknowledgement from government that the land has always been, and will always be, Aboriginal and Torres Strait Islander land.
It can also provide a right to negotiate with others how land is used and managed, including setting terms and conditions around development, protection and the use of the land.
How to make a claim
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.
Read more about how to apply for native title.
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.
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.
Find out more about your rights and responsibilities once you’ve received a native title determination.
Want more information?
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.