Plain language
Legal glossary
Native title law has its own vocabulary. Here are plain-language explanations of the terms that come up most often, so you can follow your matter with confidence.
Terms explained
Legislation
CATSI Act
The Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth). Governs the registration, constitution and operation of PBCs/RNTBCs and other Indigenous corporations in Australia. Regulated by ORIC.
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Claim group
The group of Aboriginal or Torres Strait Islander persons on whose behalf a native title determination application is made. Members must authorise the claim and an Applicant to bring the claim.
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Compensation determination
A Federal Court determination of the amount of compensation payable to native title holders for the extinguishment or impairment of their native title rights. The Timber Creek decision (2019) established the framework.
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Connection evidence
Evidence that a native title claim group has maintained their traditional laws, customs and connection to the claim area from before British sovereignty to the present. A fundamental requirement for a successful native title determination.
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Consent determination
A determination that native title exists in an area, made by the Federal Court with the agreement of all parties, avoiding a contested hearing. The most common pathway to a positive native title determination.
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Cultural heritage management plan (CHMP)
A plan required under the Aboriginal Cultural Heritage Act 2003 (Qld) when a proposed activity involves a high risk of harm to Aboriginal cultural heritage. Must be agreed between the proponent and the relevant Aboriginal party.
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Extinguishment
The permanent ending of native title rights over an area by a valid act under Commonwealth or State law, such as the grant of freehold title. Once extinguished, native title cannot be revived, though compensation may be payable.
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Future act
An act by a government or other party after the Native Title Act 1993 commenced that may affect native title rights. Future acts are subject to procedural rights under the Act, including the right to negotiate.
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Indigenous Land Use Agreement (ILUA)
A voluntary agreement between a native title group and other parties about the use and management of land and waters. Once registered with the NNTT, it binds all native title holders in the area.
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National Native Title Tribunal (NNTT)
The independent body established under the Native Title Act 1993 to register applications and ILUAs, assist in future act negotiations and support parties in native title matters. Mediation of claims is conducted by a Judicial Registrar of the Federal Court.
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Native title
The recognition by Australian law of Aboriginal and Torres Strait Islander peoples' rights and interests in land and waters, held under traditional laws and customs. Recognised under the Native Title Act 1993 (Cth) where those rights have been maintained since before British sovereignty and have not been extinguished.
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Native Title Act 1993
The Commonwealth legislation (in force from 1 January 1994) that establishes the process for recognising and managing native title rights and interests in Australia.
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Prescribed Body Corporate (PBC)
The legal entity (also called RNTBC) that holds or manages native title rights and interests on behalf of native title holders after a successful determination. Operates under the CATSI Act and is registered with ORIC.
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Registered Native Title Body Corporate (RNTBC)
The registered legal entity that holds native title rights after a determination. Also called a Prescribed Body Corporate (PBC). Must be registered with ORIC and comply with the CATSI Act.
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Right to negotiate
The procedural right of registered native title claimants and holders to negotiate with governments and companies about proposed future acts. If negotiations fail, the matter can proceed to NNTT arbitration.
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Sea country
The waters, seabed and offshore areas to which Aboriginal and Torres Strait Islander peoples assert connection under traditional laws and customs. Native title can be recognised over sea country under the Native Title Act 1993.
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Traditional law and custom
The body of law and practices maintained by an Aboriginal or Torres Strait Islander group from before British sovereignty, which forms the basis of their native title claim. Courts assess whether these laws and customs have been maintained continuously to the present.
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