Where can native title be claimed in Australia?
The Native Title Act 1993 (Cth) (the Native Title Act) recognises and protects native title in Australia. Native title claimants can make an application to the Federal Court of Australia to have their native title recognised by Australian law.
Where does the native title exist?
In most cases, native title is found to exist alongside other non-Indigenous property rights, such as pastoral leases. This form of native title is referred to as non-exclusive possession because others also have rights to the land.
Who are the traditional owners of the land I am on?
We acknowledge Aboriginal and Torres Strait Islander peoples as the traditional custodians of our land – Australia.
What can native title include?
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 part of the native title case relates to common law?
The court recognised that the Meriam people of the Torres Strait held native title over part of their traditional lands. The court found that the common law of Australia recognises rights and interests to land held by indigenous people under their traditional laws and customs.
Is native title common law?
1. Native title is neither a common law nor an Aboriginal law title but represents the recognition by the common law of title under Aboriginal law.
How do you acknowledge traditional owners of the land?
The words are: ‘I begin today by acknowledging the Traditional Custodians of the land on which we today, and pay my respects to their Elders past and present. I extend that respect to Aboriginal and Torres Strait Islander peoples here today. ‘
