Native Title Law
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.
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.
A compensation determination is a determination by the Federal Court of Australia of the amount of compensation payable to native title holders for the extinguishment or impairment of their native title rights and interests by a valid government act. The right to compensation for extinguishment is a central feature of the Native Title Act 1993 (Cth). The framework for calculating compensation was definitively established by the High Court of Australia in Northern Territory v Griffiths [2019] HCA 7 (the Timber Creek case). That framework recognises two components: an economic component, assessed by reference to the freehold value of the affected land at the time of extinguishment with a discount for the nature of native title, and a non-economic component for cultural loss representing the cultural, spiritual and emotional loss suffered by the native title group. Compensation proceedings are among the most complex matters in native title law and require a determination of the relevant native title rights as well as the compensation assessment itself.
Related terms
Native Title Law
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.
Native Title Law
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.
Native Title Law
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.
What this means in practice
Native title law uses a specialist vocabulary. Understanding what a term means in its legal context helps Traditional Owner groups, PBCs and community members follow their matter, and ask better questions of their lawyer.
If the definition above raises a question specific to your claim, compensation matter or PBC, David Saylor is available to discuss it directly.