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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).
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]
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 ...
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 ...
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 ...
Aboriginal title is also referred to as indigenous title, native title (in Australia), original Indian title (in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights , influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to ...
The National Native Title Tribunal (NNTT) is an independent body established under the Native Title Act 1993 in Australia as a special measure for the advancement and protection of Aboriginal and Torres Strait Islander peoples (Indigenous Australians). It manages applications for and administration of native title in Australia.
However, these rights were not absolute and may be extinguished by validly enacted State or Commonwealth legislation or grants of land rights inconsistent with native title rights. [21] Additionally, the acquisition of radical title to land by the Crown at British settlement did not by itself extinguish native title interests. [22]