Native Title Law
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.
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.
Sea country refers to the waters, seabed, reefs, islands and other features of the marine environment to which Aboriginal and Torres Strait Islander peoples assert rights and interests under their traditional laws and customs. For many coastal and island communities, the sea is as central to identity and culture as the land. Native title can be recognised over sea country, including coastal waters, the seabed and areas within the exclusive economic zone, provided the claim group can demonstrate connection to that sea country under their traditional laws and customs from before British sovereignty. Sea country claims follow the same Native Title Act 1993 framework as land claims. The rights recognised over sea country can include the right to access and use the sea, to take fish and other marine resources for traditional purposes, and to perform ceremonies in relation to sea country. Sea country determinations are particularly significant for Torres Strait Islander peoples and communities along the Queensland, Western Australian and Northern Territory coasts.
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
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.
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.