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Native Title

Native Title is the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs. The Commonwealth Government responded to the historic Mabo v Queensland decision in 1992 with The Native Title Act (1993). The Act, which was substantially amended in 1998, has dealt with over 1240 claims so far.

The Act accepts and confirms the Mabo decision, particularly:

• that Australia was not "terra nullius" (land belonging to no-one) at the time of European occupation
• the recognition of native title rights based on the traditions of indigenous people.

In Victoria, DSE is responsible for coordinating both regional and department-wide responses to native title claims. In addition, we brief the Victorian Government Solicitor, liaises with other government agencies and the National Native Title Tribunal (NNTT), and advises regional staff in regard to procedures and requirements of both the NNTT and the Act.

Applications for a Native Title determination are made to the Federal Court. The Court gives a copy of the application to the NNTT which notifies relevant parties about the application.

Indigenous communities as the traditional owners of the state’s land and waters, have a fundamental role in the management of Vic’s natural resources. DSE recognises this role by developing partnerships for land management.

Definition of Native Title

"Native Title" is defined in the Act (Section 223) to mean the communal group or individual rights and interests of Aboriginal people or Torres Strait Islanders in relation to land or waters where those rights and interests are those possessed under traditional laws and customs, those laws and customs give a connection with the land or waters and the rights and interests are recognised by common law.

Native Title will exist in an area where, indigenous people have maintained their connection with the area and their title has not been extinguished. Extinguishing acts include the grant of freehold and the grant of a lease which awards exclusive possession.

National Native Title Tribunal

The National Native Title Tribunal's website provides information about the Tribunal, future act processes, indigenous land use agreements, mediation and other information regarding native title and the Native Title Act 1993. The site also enables you to Search for Applications plus Maps and area descriptions.

The NNTT provides assistance and information to resolve native title issues over land and waters to all people involved in the native title process. Set up under the Native Title Act, the Tribunal is a federal government agency and is part of the Attorney-General's portfolio.