What did native title allow?
Native title may include rights and interests to: Live on the area and erect shelters and structures. Access the area for traditional purposes, like camping or for ceremonies. Visit and protect important places and sites hunt, fish and gather food or traditional resources like bush medicines, water, ochre and wood.
What did the Wik decision decide?
Released March 1997. The High Court’s confirmation in the Wik Decision that a ‘pastoral lease’ will prevail over native title wherever inconsistency arises was proclaimed as a ‘win – win’ result for landholders and Aboriginal People alike.
What are the benefits of native title?
Native title benefits are paid to recognise the rights and interests Aboriginal and Torres Strait Islander peoples have with their land and waters, which comes from their traditional laws and customs, under Australian law.
When was the Native Title Amendment Act passed?
1993
The Act commenced operation on 1 January 1994. John Howard created a 10-point plan which watered down some of the provisions of the NTA and which were passed as major amendments to the Act in 1998….
| Native Title Act 1993 | |
|---|---|
| show Long title | |
| Citation | Act No. 110 of 1993 |
| Royal assent | 24 December 1993 |
| Status: Amended |
Who administers the native title Act?
the Minister for Indigenous Affairs
The parts of the Native Title Act 1993 relating to native title representative bodies and prescribed bodies corporate are administered by the Minister for Indigenous Affairs.
What is the importance of native title?
Native title protects the land which will be passed on to future generations along with the traditional laws and customs which govern it. Business opportunities. Aboriginal people can establish businesses and create training and employment, giving them economic independence.
Can native title co-exist with a pastoral lease?
Native title can co-exist with pastoral leases, regardless of whether a determination of native title has been made. Any upgrade to the pastoral tenure will impact on native title and will require the statutory process setting out native title procedural rights to be followed.
Why was the Wik case important?
The High Court’s Wik decision in December 1996 established that native title and other interests in land (such as pastoral leases) can co-exist. The finding led to a very significant increase in the area where native title could be claimed. It also dramatically increased the cost and time required to resolve claims.
When does the Native Title Act come into effect?
On 16 February 2021, the Native Title Legislation Amendment Act 2021 (the Amendment Act) received the Royal Assent.
Why was the native title Amendment Bill important?
The Native Title Amendment Bill was designed to give effect to the 10 Point Plan. It also gave state governments a greater role in determining native title and the rights of Indigenous people to negotiate with others wishing to use of their land.
What do you need to know about Native Title holders?
‘Native title holders’ are those people whose claim has been determined to exist. They are required to form a corporation (Prescribed Body Corporation, PBC) that acts as their agent or holds the rights and interests in trust. What sort of evidence do claimants need?
What does native title mean in Australian law?
Definition: Native title Native title legally recognises the traditional communal, group or individual rights and interests to land and waters of Aboriginal people, but viewed from and recognised by, the Australian legal system.