Native Title Law
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.
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.
A consent determination is a native title determination made by the Federal Court of Australia with the agreement of all parties to the proceedings, including the State or Territory government, local governments, and any other respondents. Because all parties consent, there is no contested hearing; the Court makes orders in the agreed terms. The determination is legally binding and is registered on the National Native Title Register. Consent determinations are the most common form of positive native title outcome. They typically follow years of negotiation and mediation, including assessment of connection evidence by the State, mediation conducted by a Judicial Registrar of the Federal Court, and agreement on the precise terms of the native title rights and interests to be recognised. Many consent determinations are held on country, with the Federal Court judge attending the determination area in a ceremony that is of significant cultural importance to the claim group.
Related terms
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
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.
Native Title Law
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.
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.