What is the significance of the native title act

The source of native title rights and interests is the system of traditional laws and customs of the native title holders themselves. The native title rights and interests held by Aboriginal and Torres Strait Islander people will depend on both their traditional laws and customs, what has occurred historically on their land and what interests are now held by others in the area concerned.

Generally speaking, native title must give way to the rights held by others. Native title and associated rights can co-exist with some forms of title such as pastoral leases and Crown land, but can be extinguished by others, including freehold title. If a grant of an interest in land is made without the appropriate process under the Native Title Act being followed, this can result in the invalidity of that grant to the extent that it is inconsistent with the continued existence or enjoyment of any native title rights in the subject land.

Separate from the question of native title is the issue of protection of sites and items of significance to Indigenous people, which is dealt with through various state and Commonwealth laws. Negotiations regarding matters of Indigenous heritage are often conducted contemporaneously with the negotiation of native title issues. Consent of the relevant government minister may be required if activities on the land may damage sites or items of significance.

The Native Title Act also specifies the procedures by which people determined to hold native title can claim compensation.

Such compensation is payable by the Crown in the first instance, but depending on the circumstances the Crown might have a right of recovery against a title holder. Karajarri country is in the west Kimberley, south of Broome.

The Karajarri people have native title over 33, square kilometres of their country — country that includes diverse landscapes from pristine coastal waters to the Great Sandy Desert. Native title holders are entitled to compensation for activities which diminish or damage their native title rights and interests Native Title Act Cth s 51 1 NTA. The RDA does not allow for discrimination on the basis of race, colour, descent or national or ethnic origin RDA s 10 1. This means laws cannot be made which are discriminatory against native title holders.

Compensation claims have only recently come before the courts. This is because it contains detailed guidance on how to calculate compensation. It also suggests that total liability for past acts of extinguishment and impairment of native title rights may be very large. The court awarded compensation for economic loss calculated by reference to the freehold value of the land and cultural loss spiritual or religious hurt caused by the acts. They also awarded interest on the economic loss.

This area of native title law is likely to develop further in the coming years, with greater guidance on how economic and cultural loss are to be calculated, and the kinds of acts which might give rise to compensation. Links to external websites are inserted for convenience and do not constitute endorsement of material within those sites, or any associated organisation, product or service.

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Native title, rights and interests. What is native title? History of the Native Title Act For an interactive timeline please click here. Charles Passi talks about the importance of the Mabo case in the following video.

What are native title rights? Where can native title be claimed? Native title may be claimed in areas such as vacant or unallocated Crown land parks and public reserves beaches some leases such as non-exclusive pastoral leases land held by government agencies some land held for Aboriginal and Torres Strait Islander communities and oceans, seas, reefs, lakes, rivers, creeks and other waters that are not privately owned.

While the native title rights recognised will be specific to each determination, they may include as the rights to: maintain and protect sites use the land for hunting or ceremony camp and live on the land share in money from any development on the land have a say in the management or development of the land. Extinguishment and partial extinguishment Extinguishment or partial extinguishment of native title NTA s A means that native title holders are no longer able to fully exercise their traditional rights in an area.

I understand Acknowledgment The PBC website acknowledges the traditional owners of country throughout Australia and their continuing connection to land, culture and community. We pay our respects to elders past, present and emerging.