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The distinction between traditional custodians and traditional owners is made by some, but not all, First Nations Australians. [49] [50] On one hand, Yuwibara man Philip Kemp states that he would "prefer to be identified as a Traditional Custodian and not a Traditional Owner as I do not own the land but I care for the land."
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).
The Court recognised the Gunaikurnai as traditional owners, and found that they held native title over much of Gippsland. Based on these findings the Victorian Government entered into an agreement with the Gunaikurnai on the same day, the first agreement reached under the Traditional Owner Settlement Act (2010) [6] [7]
The Aboriginal Land Rights Act 1976 established the basis upon which Aboriginal people in the Northern Territory could claim rights to land based on traditional occupation. The statute, the first of the Aboriginal land rights acts , was significant in that it allowed a claim of title if claimants could provide evidence of their traditional ...
In Australia, native title is a common law concept that recognizes that some indigenous people have certain land rights that derive from their traditional laws and customs. [9] Native title can co-exist with non-indigenous proprietary rights and in some cases different indigenous groups can exercise their native title over the same land.
In the 2016 Census, Australia's Indigenous and non-Indigenous population were broadly similar with 54% (vs 55%) reporting a Christian affiliation, while less than 2% reported traditional beliefs as their religion, and 36% reported no religion. The proportion of Indigenous people who reported no religion has increased gradually since 2001 ...
Most studies have looked exclusively at Aboriginal law and lore, with regard to personal and social customs. [1] Aboriginal customary law developed over time from accepted moral and social norms within Indigenous societies. They regulate human behaviour, mandate specific sanctions for non-compliance, and connect people with the land and with ...
Ancestral domain or ancestral lands are the lands, territories and resources of indigenous peoples, particularly in the Asia-Pacific region. The term differs from indigenous land rights, Aboriginal title or Native Title by directly indicating relationship to land based on ancestry, while domain indicates relationships beyond material lands and territories, including spiritual and cultural ...