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Native title is not a grant or right created by governments. Native title in Australia includes rights and interests relating to land and waters held by Indigenous Australians under traditional laws and customs, and recognised in accordance with the Native Title Act 1993 (Cth). [2]
A range of laws applying to or of specific relevance to Indigenous Australians.A number of laws have been passed since the European settlement of Australia, initially by the Parliament of the United Kingdom, then by the Governors or legislature of each of the Australian colonies and more recently by the Parliament of Australia and that of each of its States and Territories, these laws ...
Indigenous treaties in Australia are proposed binding legal agreements between Australian governments and Australian First Nations (or other similar groups). A treaty could (amongst other things) recognise First Nations as distinct political communities, acknowledge Indigenous Sovereignty, set out mutually recognised rights and responsibilities or provide for some degree of self-government. [1]
National Native Title Tribunal definition: [3] [Native title is] the communal, group or individual rights and interests of Aboriginal people and Torres Strait Islander people in relation to land and waters, possessed under traditional law and custom, by which those people have a connection with an area which is recognised under Australian law (s 223 NTA).
Protests against the Foreshore and Seabed Act 2004, which extinguished claims to aboriginal title to the foreshore and seabeds in New Zealand. Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty to that land by another colonising state.
The Royal Proclamation of 1763 is the foundation document creating special land rights for Indigenous peoples within Canada (which was called "Quebec" in 1763). Section 91(24) of the Constitution Act, 1867 gives the federal parliament exclusive power to legislate in matters related to "Indians, and Lands reserved for the Indians". [ 8 ]
The Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 of South Australia (formerly the Pitjantjatjara Land Rights Act) enabled land to be transferred to the Pitjantjatjara people, who had maintained a continuous connection with their land. However, the act provided no basis for claims by other groups.
Indigenous rights are those rights that exist in recognition of the specific condition of indigenous peoples.This includes not only the most basic human rights of physical survival and integrity, but also the rights over their land (including native title), language, religion, and other elements of cultural heritage that are a part of their existence and identity as a people.