What is a native title determination?

What is a native title determination?

A determination of native title is a decision by the Court whether or not native title exists in relation to a particular area of land or waters. whether the native title rights and interests allow the native title holders to possess, occupy, use and enjoy the land or waters to the exclusion of all others.

Who determines native title?

Native title claims are made by application to the Federal Court. Once an application is filed, it must be successfully registered with the National Native Title Tribunal (NNTT). A full list of all the current registered native title claimant applications in NSW is available from the NNTT register of claims.

What does extinguish native title mean?

Extinguishment or partial extinguishment of native title (NTA s 237A) means that native title holders are no longer able to fully exercise their traditional rights in an area.

Is native title the same as freehold title?

Native title cannot be claimed on freehold land, as it is extinguished over the area. However, protection is required on freehold land under State and federal legislation for the protection of sacred sites.

When can native title rights be extinguished?

Native Title allows inclusion of everyone’s rights and interests in land and waters to be taken into account and does not give Indigenous Australians the right to veto any project. The granting of freehold estate before 1 January 1994 will extinguish native title.

What is the Wik decision?

Wik Peoples v The State of Queensland (commonly known as the Wik decision) is a decision of the High Court of Australia delivered on 23 December 1996 on whether statutory leases extinguish native title rights. The Howard Government formulated a “10 point plan” to bring certainty to land ownership in Australia.

How is native title different from land rights?

Land rights usually comprise a grant of freehold or perpetual lease title to Indigenous Australians. By contrast, native title arises as a result of the recognition, under Australian common law, of pre-existing Indigenous rights and interests according to traditional laws and customs.

Is native title land rights?

Native title is often described as a ‘bundle of rights’ in land, meaning a collection of rights. When a native title claim is determined, not all rights within the bundle are automatically granted. The High Court in Western Australia v Ward (2002) 213 CLR 1 said that native title could be extinguished in whole or part.

Why is native title extinguished?

Native title can be extinguished by the granting of freehold land, the issuing of Crown leases and the construction or establishment of public works. Native Title cannot take away anyone else’s valid rights, including owning a home, holding a pastoral lease or having a mining lease.