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81-857: The Northern Land Council ( NLC ) is a land council representing the Aboriginal peoples of the Top End of the Northern Territory of Australia, with its head office in Darwin . While the NLC was established in 1974, its origins began in the struggle of Australian Aboriginal people for rights to fair wages and land, including the strike and walk off by the Gurindji people at Wave Hill cattle station in 1966, as well as other activities relating to Indigenous land rights . The Commonwealth Government of Gough Whitlam set up

162-530: A Wiradjuri man from Cowra, New South Wales , commenced an action in the High Court of Australia arguing that Aboriginal people retained rights to land as an Aboriginal nation or nations existed pre-settlement and continues to exist, and that their land had been taken by conquest rather than by settlement. The court held in Coe v Commonwealth (1979) that no Aboriginal nation holds any kind of sovereignty , distinguishing

243-553: A bundle of rights , which may be extinguished one by one, for example, by a mining lease. In this case, the lease did not confer 'exclusive possession', because the claimants could pass over the land and do various things. But some parts of native title rights were extinguished, including the rights to control access and make use of the land. The claim was remitted to the Full Court of the Federal Court to determine in accordance with

324-486: A veto over development, and nor does it grant land, as the Aboriginal Land Rights Act (ALRA) does. National Native Title Tribunal definition: [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

405-686: A Land Rights Bill was drafted, but the Whitlam government was dismissed before it was passed. The Aboriginal Land Rights (Northern Territory) Act 1976 was eventually passed by the Fraser Government on 16 December 1976 and began operation on Australia Day , that is 26 January 1977. This Act established the basis upon which Aboriginal people in the Northern Territory could, for the first time, claim rights to land based on traditional occupation. In effect it allowed title to be transferred of most of

486-611: A ceremony in the desert attended by Maralinga Tjarutja leader Archie Barton , John Bannon and Aboriginal Affairs Minister Greg Crafter . This granted rights over 75,000 square kilometres (29,000 sq mi) of land in the Great Victoria Desert , including the land contaminated by the British nuclear weapons testing at Maralinga . Mabo v Queensland (No 2) (1992) was the foundational case for native title in Australia. In 1992

567-531: A determination, Prescribed Bodies Corporate are entered onto the NNTR. At this point, the corporation becomes a Registered Native Title Body Corporate (RNTBC). On 1 July 2011, the 160 registered determinations of native title covered some 1,228,373 km (474,277 sq mi) (approximately 16 per cent) of the land mass of Australia; and registered Indigenous land use agreements (ILUAs) covered about 1,234,129 km (476,500 sq mi) (about 16 per cent) of

648-582: A full sitting of the Federal Court and then to the High Court of Australia . The National Native Title Tribunal (NNTT), established under the Native Title Act 1993 , is a body that applies the "registration test" to all new native title claimant applications, and undertakes future act mediation and arbitral functions. The Attorney-General's Department advises the Australian Government on legal and legal-policy regarding on native title, and assists

729-574: A number of clan groups of Aboriginal people to an area of seas and sea-beds surrounding Croker Island in the Northern Territory. It was the first judgment by the High Court of native title over waters. The judge, Olney J, determined that members of the Croker Island community have a native title right to have free access to the sea and sea-bed of the claimed area for a number of purposes. The case established that traditional owners do have native title of

810-513: A number of land councils. As of July 2019 , the 11 Registered Aboriginal Parties (RAPs) cover around 66% of the state. They are: Native title in Australia Native title is the set of rights, recognised by Australian law , held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title rights were first recognised as

891-557: A package of coordinated measures and technical amendments to improve the performance of the native title system. These are aimed at making the native title process more efficient and to speed up the determination of whether native title exists on the 580 claims that had been registered but not yet determined. The Native Title Act 1993 was further amended by the Rudd government by the Native Title Amendment Act 2009 . It allows

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972-462: A part of Australian common law with the decision of Mabo v Queensland (No 2) in 1992. The doctrine was subsequently implemented and modified via statute with the Native Title Act 1993 . The concept recognises that in certain cases there was and is a continued beneficial legal interest in land held by Indigenous peoples which survived the acquisition of radical title and sovereignty to

1053-464: A piece of federal government legislation , was the first law by any Australian government that legally recognised the Aboriginal system of land ownership, legislating the concept of inalienable freehold title, and thus the first of all Aboriginal land rights legislation in Australia . Title to the freehold land thus granted is held by Aboriginal land trusts, also created by the Act. While it applied only to

1134-818: A result of the recognition, under Australian common law, of pre-existing Indigenous rights and interests according to traditional laws and customs . Native title is not a grant or right created by governments. The Aboriginal Land Rights Act 1976 (see below) covers the granting of land to Aboriginal Land Trusts; setting up Aboriginal land councils ; mineral rights; decision-making processes for dealing with land; dealing with income from land use agreements; and negotiations about leases for development on Aboriginal land. The Native Title Act 1993 (NTA) gives recognition that "Aboriginal and Torres Strait Islander people have rights to land, water and sea, including exclusive possession in some cases, but does not provide ownership". It allows for negotiations over land, but does not provide for

1215-403: A result, native title rights could co-exist, depending on the terms and nature of the particular pastoral lease. Where there was a conflict of rights, the rights under the pastoral lease would prevail over native title rights. The Wik decision led to amendments to the Native Title Act 1993 by the Native Title Amendment Act 1998 . This Act, also known as the "10 Point Plan", was introduced by

1296-502: Is granted, specific rights are decided on a case-by-case basis, and may only sometimes includes freehold title. Australia did not experience litigation involving Aboriginal native title until the 1970s, though several earlier cases tangentially involved issues of native title. In 1835, John Batman purported to sign Batman's Treaty with Aboriginal elders in the Port Phillip District . Governor Bourke declared Batman's Treaty

1377-582: Is located in Darwin. The NLC's Top End zone is divided into seven regions with regional offices. The head office and Royalties Office are in the city of Darwin . Regional offices representing the seven districts are in: As of October 2022: Land Rights News is the longest-running Aboriginal newspaper. In April 1976, the Central Land Council published the first edition of Central Australian Land Rights News , which ran until August 1984. In July 1976,

1458-422: Is one which has become a matter of heated controversy. If there are serious legal questions to be decided as to the existence or nature of such rights, no doubt the sooner they are decided the better, but the resolution of such questions by the courts will not be assisted by imprecise, emotional or intemperate claims. In this, as in any other litigation, the claimants will be best served if their claims are put before

1539-624: Is published three times a year in two editions: "Central Australia" and "Northern Edition", and remains the longest-running Aboriginal newspaper. It is also the only printed newspaper published in Central Australia. Land council The first land councils were created in the Northern Territory under the Aboriginal Land Rights Act 1976 , with the states later creating their own legislation and system of land councils. Aboriginal land trusts (ALTs) were also set up under

1620-548: Is recognised under Australian law (s 223 NTA). Commonwealth Government's indigenous.gov.au website: Native title is the recognition in Australian law, under common law and the Native Title Act 1993 (Cth), of Indigenous Australians' rights and interests in land and waters according to their own traditional laws and customs. Native title has also been described as a "bundle of rights" in land, which may include such rights as camping, performing ceremony , etc. If native title

1701-471: Is the land (mostly former Aboriginal reserves ) created under a Deed of Grant in Trust (DOGIT). DOGIT land is held in collective title rather than individual titles; it is held for future generations and cannot be sold. DOGITs are in the process of converting parts of the collective title to freehold title, but only for land in urban areas . In South Australia , the three Aboriginal landholding authorities are

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1782-516: Is the right to hunt, gather, teach and perform cultural activities and ceremonies, and allow the young people to connect with their land. In March 2023, 8578.35 kilometres along the coast of the Grey River in Victoria. The case was the first Native Title case heard in the state of Victoria for 10 years. At the Federal Court at Warnambool designated the land as native title rights. Native title concerns

1863-505: The Aboriginal Lands Act 1995 . In Victoria , various pieces of legislation between 1970 and 1991 transferred specific land to Aboriginal communities. Victorian laws provide for organisations called Registered Aboriginal Parties , which may provide functions in relation to Aboriginal people similar to those provided by land councils. Most of these are also Registered Native Title Body Corporate (RNTBCs). In Western Australia ,

1944-598: The Aborigines Act 1889 allowed Crown lands to be reserved for, but not transferred to, Aboriginal people. The Aboriginal Lands Trust (ALT) was created under the Aboriginal Affairs Planning Authority Act 1972 , and as of 2021 has responsibility for about 24,000,000 hectares (59,000,000 acres), the equivalent of around 10% of the state's land. There are many regional and remote communities living on 44 reserves situated on this land, represented by

2025-507: The Native Title Act 1993 . It is one of four in the Northern Territory. and the largest; the others are: The Full Council is the major decision-making body, as of 2021 consisting of 78 elected members and five co-opted women, making 83 members in total. There is also an Executive Council and Regional Councils. The NLC’s jurisdiction covers seven regions: Darwin/ Daly/ Wagait; West Arnhem; East Arnhem; Katherine; Victoria River District (VRD); Ngukurr; and Borroloola/ Barkly. The head office

2106-676: The Torres Strait Islander Land Act 1991 (Qld), although this only makes up 5 percent of the land in the state. This type of land is held by either a land trust established under one of the Acts, or a corporation termed a "CATSIA body" (because they are created under the Commonwealth Corporations (Aboriginal and Torres Strait Islander) Act 2006 or "CATSI Act"), which may be a Registered Native Title Body Corporate (RNTBC). Another type of land tenure peculiar to Queensland

2187-514: The (South Australian) Aboriginal Lands Trust , Anangu Pitjantjatjara Yankunytjatjara (APY) and Maralinga Tjarutja , all statutory bodies . The ALT was created under the Aboriginal Lands Trust Act 1966 , but since 1 July 2014 has been governed by the Aboriginal Lands Trust Act 2013 . The South Australian Government provides land rights administration funding to the ALT and works with

2268-633: The Aboriginal Land Rights Commission , a Royal Commission , in February 1973 to inquire into how land rights might be achieved in the Northern Territory . Justice Woodward 's first report in July 1973 recommended that a Northern Land Council and a Central Land Council be established in order to present to him the views of Aboriginal people. In response to the report of the Royal Commission

2349-824: The Aboriginal reserve lands and the opportunity to claim other land not owned, leased or being used by someone else. The Northern Land Council was established in 1974. Kathy Mills was the first woman to be elected to the Northern Land Council. The most important responsibility of the councils is to consult traditional owners and other Aboriginal people who have an interest in Aboriginal land about land use, land management and access by external tourism, mining and other businesses. This sometimes involves facilitating group negotiation and consensus-building among scores of traditional Aboriginal landowner groups, and many other affected Aboriginal people. Many Aboriginal people in

2430-595: The Attorney-General to administer the Native Title Act 1993 . According to the Attorney-General's Department: There are fundamental differences between land rights and native title . Land rights are rights created by the Australian , state or territory governments. Land rights usually consist of a grant of freehold or perpetual lease title to Indigenous Australians . By contrast, native title arises as

2511-591: The Federal Court of Australia recognised the native title rights of the Gurindji people to 5,000 square kilometres (1,900 sq mi) of the Wave Hill Station, allowing them to receive royalties as compensation from resource companies who explore the area. Justice Richard White said that the determination recognised Indigenous involvement (Jamangku, Japuwuny, Parlakuna-Parkinykarni and Yilyilyimawu peoples) with

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2592-456: The Fraser government as the Aboriginal Land Rights Act 1976 , which established a procedure to transfer almost 50 per cent of land in the Northern Territory (around 600,000 km2) to collective Aboriginal ownership. The Fraser government continued to implement many of the previous government's initiatives, under the description "self-management" rather than self-determination. In 1979, Paul Coe ,

2673-520: The Howard government . The amendments substantially restricted Native Title by narrowing the right to negotiate and extinguishing Native Title on most pastoral and mining leases granted before 1994. Yorta Yorta v Victoria , addressed a native title claim by the Yorta Yorta Aboriginal people of north central Victoria , which was dismissed by Justice Olney of the Federal Court in 1998. Appeals to

2754-584: The Kimberley region, south of Broome . Land rights were recognised over 31,000 square kilometres (12,000 sq mi) of land (half the size of Tasmania) via an ILUA on 5 July 2011. In May 2004, following the passage of special legislation, South Australian Premier Mike Rann handed back title to 21,000 square kilometres of land to the Maralinga Tjarutja and Pila Nguru people. The land, 1,000 kilometres (620 mi) north-west of Adelaide and abutting

2835-536: The National Native Title Tribunal . After the Mabo decision it was uncertain as to whether the granting of pastoral leases would extinguish native title. The Wik Decision in 1996 clarified the uncertainty. The court found that the statutory pastoral leases (which cover some 40% of the Australian land mass) under consideration by the court did not bestow rights of exclusive possession on the leaseholder. As

2916-526: The Native Title Act by the Australian Law Reform Commission reported that "Courts have indicated that native title is not to be understood in terms equivalent to common law property interests, but they often still tend to draw on these concepts... The prevailing view of the nature and content of native title is hybrid, drawing on traditional laws and customs for content, but also at times idiosyncratically adopting common law terms to describe

2997-400: The Northern Territory , this law provided the basis on which Aboriginal peoples could claim land rights based on traditional occupation, and it set a precedent which was followed by the other states . The Lands Right Act also created Aboriginal land trusts (ALTs), which hold the freehold title to the land granted under the Act. Land councils must ensure that they act on the advice and with

3078-603: The Northern Territory . Prime Minister Gough Whitlam introduced a new policy of Aboriginal self-determination , and initiatives such as the Aboriginal Land Fund and the National Aboriginal Consultative Committee was set up. The latter consisted of elected Aboriginal representatives, who would advise the Minister of Aboriginal Affairs. The Whitlam government introduced legislation later passed by

3159-580: The Supreme Court of the Northern Territory , Justice Richard Blackburn explicitly rejected the concept of native title, ruling against the claimants on a number of issues of law and fact. In the wake of Milirrpum and the election of the Whitlam government in 1972, the Aboriginal Land Rights Commission (also known as the Woodward Royal Commission) was established in 1973 to inquire into appropriate ways to recognise Aboriginal land rights in

3240-595: The Western Australia border, was then called the Unnamed Conservation Park. It is now known as Mamungari Conservation Park . It includes the Serpentine Lakes , and was the largest land return since 1984. At the 2004 ceremony Rann said the return of the land fulfilled a promise he made to Archie Barton in 1991 when he was Aboriginal Affairs Minister, after he passed legislation to return lands including

3321-505: The Act, which hold the freehold title to the land granted under the Act. There are 151 Aboriginal land trusts, holding nearly 50 percent of the land in the NT, which is administered by one of four land councils in the Territory, depending on location. Land councils must ensure that they act on the advice and with the consent of the traditional owners ; control over Aboriginal-owned land thus lies with

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3402-580: The Crown; and rights over the land may range from access and usage rights to rights of exclusive possession. Native title rights and interests are based on laws and customs that pre-date the British acquisition of sovereignty; they are distinct from the rights granted by government such as statutory land rights of the kind found in the Land Rights Act . Native title rights and interests may exist over land and waters to

3483-569: The Federal Court to determine who may mediate a claim, whether that be the court itself, the Native Title Tribunal, or otherwise. Northern Territory v Mr Griffiths and Lorraine Jones was a 2018 High Court of Australia case, ruled in 2019, regarding land around Timber Creek, Northern Territory , involving a compensation claim by Ngaliwurru and Nungali lands surrounding Timber Creek. It related to various earlier cases since 1997. Described as "the most significant [case]… since Mabo ",

3564-507: The Federal Court, which may also order mediation by other agencies or persons. The purpose of mediation is to assist parties to clarify the issues in dispute, to explore options for settlement and to reach agreement. Mediation is a structured process, with the intention of a mutually agreed outcome rather than having a decision imposed by a judge. Alternative settlements (also termed "broader settlements" ) may be negotiated out of court, often being resolved more quickly and efficiently than via

3645-574: The Full Bench of the Federal Court in 2001, and the High Court in 2002 were also dismissed. The determination by Justice Olney in 1998 ruled that the 'tide of history' had 'washed away' any real acknowledgement of traditional laws and any real observance of traditional customs by the applicants. The 2002 High Court decision adopted strict requirements of continuity of traditional laws and customs for native title claims to succeed. Ward v Western Australia (1998) addressed an application made on behalf of

3726-633: The High Court decided the Blue Mud Bay sea rights case , establishing a precedent for sea rights over an intertidal zone for the first time. The Yolngu people of Baniyala were involved in this case, which involved Blue Mud Bay in East Arnhem Land . In 2007 the Howard government passed the Native Title Amendment Act 2007 , and the Native Title Amendment (Technical Amendments) Act 2007,

3807-411: The High Court ruled for the first time on compensation for the extinguishment of native title in Australia. It is considered a "landmark" native title case, because the clauses contained within the Native Title Act 1993 pertaining to the determination of compensation payable due to the extinguishment of native title had never been heard before in the High Court. Yamatji Marlpa Aboriginal Corporation

3888-600: The Indigenous land use agreement or, in Victoria, a settlement under the Traditional Owner Settlement Act 2010 (TOSA). Alternative settlements agreements can be made alongside the Native Title Act , but usually the traditional owners are required to withdraw any existing native title claims. Such settlements can include any matters agreed to by all parties, which may included recognition of traditional owner rights, grants of freehold for specified purposes, or

3969-510: The Miriuwung and Gajerrong people of the east Kimberly, over land in Western Australia and the Northern Territory. Justice Malcolm Lee of the Federal Court ruled in their favour in recognition of the native title. Western Australia appealed the decision to the Full Court of the Federal Court, then to the High Court. The High Court held in Western Australia v Ward that native title is

4050-436: The NLC launched Land Rights News: A Newsletter for Aboriginals and Their Friends . A major goal of these newspapers was not only to provide information to Aboriginal people on land rights issues , but also to correct misinformation, provide in-depth coverage of native title issues , and to challenge the stereotypes represented in mainstream newspapers in Australia, and to encourage its readers to take action. In September 1985

4131-491: The Northern Land Council's area live in the major towns. As of 2012 there were about 200 communities scattered over Aboriginal land in the NLC's area, ranging in size from small family groups on outstations to settlements of up to 3,000 people. The Northern Land Council is a representative body with statutory authority under the Aboriginal Land Rights (Northern Territory) Act 1976 . It also has responsibilities under

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4212-483: The Trust on a range of economic, community development and landcare projects across the state. APY was created by the APY Land Rights Act 1981 , as amended in 2016–2017, and has an elected Executive Board. The government is also able to transfer other crown land to the control of the Trust. In Tasmania , ownership of several areas was transferred to a land council, in trust for Aboriginal Tasmanians , via

4293-444: The US case of Cherokee Nation v Georgia (1831) . However, the substantive issue of continuing land rights was not heard due to the lack of precision, vagueness and other serious deficiencies with the statement of claim presented to the court. Justice Gibbs said, at paragraph 21, 'The question what rights the aboriginal people of this country have, or ought to have, in the lands of Australia

4374-531: The [federal] Native Title Act . Land councils are not funded by state or federal taxes, but finance themselves. The Aboriginal Land Rights Act 1976 created the Central Land Council and the Northern Land Council in the Northern Territory; two others ( Tiwi Land Council and Anindilyakwa Land Council ) were created later. It also created 151 Aboriginal land trusts, holding nearly 50 percent of

4455-478: The consent of the traditional owners; control over Aboriginal-owned land thus lies with the traditional owners, represented by the land councils. The various state laws "effectively confer collective title to or for the benefit of traditional owners", with rights that frequently enable the pursuit of economic development opportunities for the traditional owners . Land councils are not the same as Registered Native Title Body Corporates (RNTBCs), which are funded by

4536-485: The continuing connection of Indigenous People to land, independent from a grant from the Crown. Native title would continue to exist as long as traditional laws and customs continue to be observed, unless the rights were otherwise extinguished by an incompatible grant by the Crown. Justice Gerard Brennan in this landmark decision stated: However, when the tide of history has washed away any real acknowledgment of traditional law and any real observance of traditional customs,

4617-723: The court dispassionately, lucidly and in proper form'. The South Australian Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 was introduced by Premier Don Dunstan in November 1978, several months prior to his resignation from Parliament. An amended bill, following extensive consultation, was passed by the Tonkin Liberal government in March 1981. This legislation gave significant rights well in advance of any other to date in Australia. In 1981, SA Premier Tonkin returned 102,650 square kilometres (39,630 sq mi) of land (10.2% of

4698-445: The court process under the Native Title Act . They can give traditional owner group recognition in areas where native title rights have been extinguished, or where it is difficult for a group to prove that it persists. Such agreements are resolved through negotiation, and recognition of traditional ownership and various other land rights in land may be achieved without an actual native title determination. Examples of such arrangements are

4779-599: The decision of the High Court. The claimants reached an agreement about the claim area and a determination was made in 2003. "Exclusive possession native title was recognised over Lacrosse Island , Kanggurru Island, Aboriginal reserves within the Kununurra townsite, Glen Hill pastoral lease and Hagan Island. Non-exclusive rights were recognised over a number of areas including islands in Lake Argyle." Yarmirr v Northern Territory (2001), addressed an application made on behalf of

4860-481: The extent that they are consistent with other rights established over the land by law or executive action. According to the National Native Title Tribunal (2013): "The native title rights and interests held by particular Aboriginal people will depend on both their traditional laws and customs and what interests are held by others in the area concerned. Generally speaking, native title must give way to

4941-461: The federal government. In New South Wales , a network of local Aboriginal land councils (LALCs) and a state land council were set up by the Aboriginal Land Rights Act 1983 . but these bodies do not administer land owned freehold by Aboriginal people. In Queensland , there is both Aboriginal and Torres Strait Islander freehold land, governed by the Aboriginal Land Act 1991 (Qld) and

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5022-498: The federal government. Native title in Australia includes rights and interests that relate to land and waters held by Indigenous people under traditional laws and customs, recognised by the common law in accordance with the Native Title Act 1993 (Cth). These bodies (also known as Prescribed Bodies Corporate or PBCs), hold, manage and protect native title on behalf of traditional owners, but do not own land. The states' land councils (or equivalents) also have responsibilities under

5103-470: The foundation of native title has disappeared. Thus although over some parts of Australia native title has been lost, in large areas of the nation's interior, native title could be recognised. As Justice Brennan stated in Mabo (No. 2) , "native title has its origin and is given its content by the traditional laws acknowledged by and the customs observed by the Aboriginal inhabitants of a territory". One year after

5184-423: The interaction of two systems of law: Native title is the term adopted in Australian law to describe the rights to land and waters possessed by Indigenous Australians under their customary laws that are recognised by the Australian legal system. Native title is able to be possessed by a community or individual depending on the content of the traditional laws and customs; it is inalienable other than by surrender to

5265-418: The land "at least since European settlement and probably for millennia". The court sitting took place nearly 800 kilometres (500 mi) south of Darwin, and descendants of Vincent Lingiari and others involved in the Wave Hill walk-off celebrated the determination. The owners will participate in the mining negotiations and exploration work, from which royalties may flow in the future, but just as important

5346-447: The land by the Crown . Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title rights over the same land. The Federal Court of Australia arranges mediation in relation to claims made by Aboriginal and Torres Strait Islander peoples, and hears applications for, and makes, native title determinations. Appeals against these determinations can be made to

5427-410: The land in the NT, which is administered by one of four land councils, depending on location. Under the Act, traditional owners hold decision-making powers over the use of Aboriginal land. Land Councils assist traditional owners to acquire and manage their land. Royalty equivalents for mining activity on Aboriginal land in the Northern Territory are paid to the Aboriginals Benefit Account, administered by

5508-442: The land mass, as well as about 5,435 km (2,098 sq mi) of sea. Native title in Australia frequently involves mediation between native title parties and other groups with an interest in native title, such as the Australian Government, state and territory governments, miners and pastoralists. Amendments to the NTA made in 2012 meant that the NNTT would henceforth only conduct native title claim mediation by referral from

5589-513: The nature or character of the rights". It is a complex area of law. The Act continues to be reviewed and amended. The National Native Title Register (NNTR), maintained by the NNTT, is a register of approved native title determinations. A determination can be that native title does or does not exist. As part of the determination of native title, native title groups are required to nominate a Native Title Prescribed Body Corporate to hold (as trustee) or manage (as agent) their native title. Following

5670-413: The recognition of the legal concept of native title in Mabo , the Keating government formalised the recognition by legislation with the enactment by the Australian Parliament of the Native Title Act 1993 . The Act attempted to clarify the legal position of landholders and the processes to be followed for native title to be claimed, protected and recognised through the courts. The Act also established

5751-496: The rejection of native title in Milirrpum v Nabalco was overruled by the High Court in Mabo v Queensland (No 2) , which recognised the Meriam people of Murray Island (Mer) in the Torres Strait as native title holders over part of their traditional lands. The Court rejected the notion that all Indigenous rights to land were abolished upon acquisition of sovereignty over Australia. The Court held that native title rights continued to exist, and that these rights existed by virtue of

5832-662: The rights held by others. The capacity of Australian law to recognise the rights and interests held under traditional law and custom will also be a factor... The source of native title is the system of traditional laws and customs of the native title holders themselves." Native title rights and interests may include the right to live in an area or to access it for traditional purposes; to visit and protect sacred sites; to hunt, fish or gather resources; or to teach law and custom. Exclusive possession can only be recognised over certain parts of Australia, such as vacant Crown land , or areas already held by Indigenous Australians. A 2015 review of

5913-600: The sacred Ooldea area (which also included the site of Daisy Bates ' mission camp) to the Maralinga Tjarutja people. The Maralinga Tjarutja lands now total 102,863 square kilometres. The Aboriginal peoples of the Wimmera region of Western Victoria won recognition of their native title on 13 December 2005 after a ten-year legal process commenced in 1995 when they filed an application for a determination of native title in respect of certain land and waters in Western Victoria. It

5994-470: The sea and sea-bed; however common law rights of fishing and navigation mean that only non-exclusive native title can exist over the sea. The decision paved the way for other native title applications involving waters to proceed. Nangkiriny v State of Western Australia (2002 & 2004), in which John Dudu Nangkiriny and others were plaintiffs, were cases addressing the claims of the Karajarri people in

6075-573: The state's land area) to the Pitjantjara and Yankunytjatjara people. However, it did not give the people the power of veto over mining activities; any disputes would need to be resolved by an independent arbitrator. In 1984 Premier John Bannon 's Labor government passed legislation to return lands to the Maralinga Tjarutja people. The legislation was proclaimed in January 1985 and was followed by

6156-491: The traditional owners, represented by the land council. Each state has a different system relating to Aboriginal-owned land, with the representative bodies given varying names. In New South Wales , there is also a network of local Aboriginal land councils (LALCs), which form a network of organisations close to their communities and support the larger land council, but these bodies do not administer land owned freehold by Aboriginal people. The Aboriginal Land Rights Act 1976 ,

6237-546: The two land councils pooled their resources to start producing Land Rights News: One Mob, One Voice, One Land ( LRN ). In 1988, the newspaper won a UNAA Media Peace Award . At that time, the paper was under the editorship of NLC director John Ah Kit and CLC director Pat Dodson . In 1989, it won a print media award. In 2002, Aboriginal journalist Todd Condie left the Koori Mail after ten years, to work on Land Rights News . From 2011 and as of October 2022, Land Rights News

6318-662: Was "void and of no effect as against the rights of the Crown" and declared any person on "vacant land of the Crown" without authorization from the Crown to be trespassing. The proclamation was approved by the Colonial Office. The official objection to the Treaty was that Batman had attempted to negotiate directly with the Aboriginal people, whom the British did not recognise as having any claim to any lands in Australia. In 1971, in Milirrpum v Nabalco Pty Ltd (the "Gove land rights case") in

6399-560: Was involved in a large native title claim from 1996, based on the Native Title Act 1993 , resulting in an historic determination in February 2020, involving both native title and an ILUA, covering an area of 48,000 square kilometres (19,000 sq mi) in Western Australia. A claim was lodged in 2016 by the Central Land Council on behalf of the Gurindji peoples in the area, as there were mining interests in area covered by Wave Hill Station 's pastoral lease. On 8 September 2020,

6480-521: Was the first judgment recognising native title over a capital city and its surroundings. The claim area itself is part of a much larger area included in the "Single Noongar Claim", covering the south-western corner of Western Australia. An appeal was subsequently lodged and in 2008 the Full Court of the Federal Court upheld parts of the appeal by the Western Australian and Commonwealth governments against Justice Wilcox's judgment. The 2008 decision by

6561-622: Was the first successful native title claim in south-eastern Australia and in Victoria, determined by Justice Ron Merkel involving Wotjobaluk, Jaadwa, Jadawadjali , Wergaia and Jupagalk people. In his reasons for judgment Justice Merkel explained the significance of his orders: In 2005 the Federal Court brought down a judgment recognising the native title of the Noongar people over the Perth metropolitan area. Justice Wilcox found that native title continues to exist within an area in and around Perth. It

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