Native title

Native title, or indigenous land rights, is a concept in the law of Australia that recognises the continued ownership of land by local Australian Aborigines or Torres Strait Islanders. The colonisation of Australia was conducted under the false assumption that the land was unoccupied (terra nullius) and could therefore be claimed for the Crown and distributed to colonists by the government.

Related Topics:
Law of Australia - Australian Aborigines - Torres Strait Islander - Australia - Terra nullius - The Crown

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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 this way, it represents a local example of the fragmentation of proprietary interests. More particularly, it is also an example of two distinct systems of law operating within the same geographic, national and jurisdictional space. It is a recognition by the common law of Aboriginal law.

Related Topics:
Common law - Aboriginal law

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The National Native Title Tribunal is the body that investigate claims by Aboriginal and Torres Strait Islander peoples. Native title determinations are made by the High Court of Australia, the Federal Court of Australia or a recognised body, such as South Australia's Supreme Court and Environment Resources and Development Court. The National Native Title Register (NNTR) contains approved determinations

Related Topics:
National Native Title Tribunal - High Court of Australia - Federal Court of Australia - Supreme Court - Environment Resources and Development Court

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