Legislation
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.
The Commonwealth legislation (in force from 1 January 1994) that establishes the process for recognising and managing native title rights and interests in Australia.
The Native Title Act 1993 (Cth) was enacted following the High Court's decision in Mabo v Queensland (No 2) [1992] HCA 23, which recognised the existence of native title at common law. The Act provides the legal framework for the recognition and protection of native title rights and interests, the process for making native title determination applications in the Federal Court of Australia, the role of the National Native Title Tribunal, the rights of native title holders in relation to future acts by governments, the right to compensation for extinguishment or impairment of native title, and the registration and operation of Indigenous Land Use Agreements. The Act has been significantly amended since its commencement, most notably by the Native Title Amendment Act 1998 and various subsequent amendments. It is the primary piece of Commonwealth legislation governing native title law in Australia.
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
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.