What is the difference between Aboriginal land rights and native title?
Native title and land rights Land rights usually comprise a grant of freehold or perpetual lease title to Indigenous Australians. By contrast, native title arises as a result of the recognition, under Australian common law, of pre-existing Indigenous rights and interests according to traditional laws and customs.
Does native title give aboriginal people the right to own land?
In most cases native title is recognised to co-exist alongside other rights and interests in the same area (non-exclusive possession). This can mean Aboriginal people can legally access and use the land for e.g. camping, hunting, fishing and other cultural activities. There is no right to control entry to this land.
What is native title and how is it different from other common law property rights in Queensland?
Exclusive native title—the right to possess, occupy and use an area to the exclusion of all others. In other words, it allows native title holders to control access to lands. Non-exclusive native title—rights co-exist alongside other property rights, which means native title holders don’t control access to lands.
What is an Aboriginal native title?
Native title is the recognition by Australian law of Aboriginal and Torres Strait Islander people’s traditional rights and interests in land and waters held under traditional law and custom.
Who has land rights and native title in Australia?
Who holds the rights? In most cases the land is held by one of the 120 autonomous Local Aboriginal Land Councils (LALCs) across NSW. In some cases the land is held by the New South Wales Aboriginal Land Council. Traditional Owners who have been recognised as native title holders by the Federal Court of Australia.
Is native title land rights?
Native title is often described as a ‘bundle of rights’ in land, meaning a collection of rights. When a native title claim is determined, not all rights within the bundle are automatically granted. The High Court in Western Australia v Ward (2002) 213 CLR 1 said that native title could be extinguished in whole or part.
What is Aboriginal land title?
Aboriginal title is an inherent right, recognized in common law, that originates in Indigenous peoples’ occupation, use and control of ancestral lands prior to colonization.
Is native title a land right?
What is meant by native title?
What is Aboriginal land called?
Country is the term often used by Aboriginal peoples to describe the lands, waterways and seas to which they are connected. The term contains complex ideas about law, place, custom, language, spiritual belief, cultural practice, material sustenance, family and identity.
What does native title mean for Aboriginal people?
Native title legislation is about recognising Aboriginal peoples’ connection and (often limited) rights to land and water. Land rights legislation in NSW is about compensating Aboriginal people for past dispossession, dislocation and removal of land by handing them back land with all rights (freehold title).
How did the Aboriginal Land Act help Aboriginal people?
The Act provided a system of independent Aboriginal Land Councils that obtain inalienable freehold title (full ownership) to land through the process of land claims, purchase or bequests. Importantly, privately owned land cannot be claimed, and a traditional or cultural connection to the land is not required (as opposed to native title).
Who was the first Aboriginal person to get leasehold title to their land?
National Archives of Australia: A8598, AK21/4/80/9 This photograph records the historic moment the Gurindji people of the Northern Territory became the first Aboriginal people to be granted leasehold title to their traditional lands. In 1966, 200 Aboriginal stockmen led by Gurindji Elder Vincent Lingiari, demanded equal
When was Native Title Act passed in Australia?
2017 marks its 25th anniversary, which led to the Native Title Act of 1993, an important step forward in improving rights for Aboriginal Australians today. 128 Larrakia petition to the Queen, 1972. Image: National Archives of Australia: A2354, 1973/86 The Aboriginal Land Rights (Northern Territory) Act 1976 was the first piece of legislation