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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]
Australian Indigenous sovereignty, also recently termed Blak sovereignty, encompasses the various rights claimed by Aboriginal and Torres Strait Islander peoples within Australia. Such rights are said to derive from Indigenous peoples' occupation and ownership of Australia prior to colonisation and through their continuing spiritual connection ...
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).
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]
In the controversial 1971 Gove land rights case, Justice Blackburn ruled that Australia had been terra nullius before British settlement, and that no concept of native title existed in Australian law. Following the 1973 Woodward commission, in 1975 the federal government under Gough Whitlam drafted the Aboriginal Land Rights Bill.
the native title rights and interests are recognised by the common law of Australia. The Native Title Act sets up processes to determine where native title exists, how future activity impacting upon native title may be undertaken, and to provide compensation where native title is impaired or extinguished. The Act gives Indigenous Australians ...
It amends the Native Title Act 1993 (Cth), providing "the most significant changes to native title legislation since the 1998 amendments". [9] It was passed by the Howard government , [ 10 ] along with the Native Title Amendment (Technical Amendments) Act 2007, [ 11 ] a package of coordinated measures and technical amendments to improve the ...
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 ...