What is the Native Title Act 1993 Cth?

What is the Native Title Act 1993 Cth?

The Native Title Act 1993 (Cth) (NTA) is a law passed by the Australian Parliament that recognises the rights and interests of Aboriginal and Torres Strait Islander people in land and waters according to their traditional laws and customs.

How do I find out my native title?

(e) to the extent that the land or waters in the determination area are not covered by a non-exclusive agricultural lease or a non‑exclusive pastoral lease—whether the native title rights and interests confer possession, occupation, use and enjoyment of that land or waters on the native title holders to the exclusion …

How do I prove native title Australia?

On 31 August 2017, the Federal Court made a consent determination that the Yaegl People have native title rights and interests over waters located between Woody Head, Wooli and Ulmarra on the north coast of NSW. The Yaegl People had their non-exclusive native title rights to land recognised in June 2015.

How do I cite the Native Title Act?

The Federal Government developed the Ten Point Plan, which became the basis for the amendments, to deal with these inadequacies of the Native Title Act.

Why was the Native Title Act important?

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.

Who won the right to native title?

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.

What extinguishes native title?

Native title can be extinguished by the granting of freehold land, the issuing of Crown leases and the construction or establishment of public works. Native Title cannot take away anyone else’s valid rights, including owning a home, holding a pastoral lease or having a mining lease.

Who wrote the Native Title Act 1993?

The Hon Paul Keating, ‘Speech by the Honourable Prime Minister, PJ Keating MP, Australian Launch of the International Year of the World’s Indigenous Peoples, Redfern, 10 December 1992’ (1993) 3 Aboriginal Law Bulletin 4.

What did the Native Title Act change?

The Amendment Act amends the Native Title Act to allow the National Native Title Tribunal to provide assistance to RNTBCs and other native title holders, if requested. This change aims to support the early resolution and management of disputes which may arise after a native title determination.

What does Section 223 of the Native Title Act 1993 mean?

NATIVE TITLE ACT 1993 – SECT 223 Native title Common law rights and interests (1) The expression native title or native title rights and interestsmeans the communal, group or individual rights and interestsof Aboriginal peoplesor Torres Strait Islandersin relation to landor waters, where:

Does the Native Title Act codify common law?

2.61 The definition of native title in s 223 of the Native Title Act was not intended to codify common law, [114] but the foundation of the provision was the decision of Brennan J in Mabo [No 2]. [115] The High Court later emphasised that a claim for native title is made under the Native Title Act for rights and interests defined under the Act.

What are native title rights and interests?

(1) The expression native title or native title rights and interests means the communal, group or individual rights and interests of Aboriginal peoples or Torres Strait Islanders in relation to land or waters , where:

How is a claim for native title made?

The High Court later emphasised that a claim for native title is made under the Native Title Act for rights and interests defined under the Act. A determination of native title must be made in accordance with the requirements of s 225. [116]