Native title
The Attorney-General’s Department is responsible for the formulation and provision of legal and legal policy advice to the Government on native title. The Department assists the Attorney-General in the administration of the Native Title Act 1993 (except those parts of the Native Title Act administered by the Minister for Families, Housing, Community Services and Indigenous Affairs).
What is native title?
In the 1992 Mabo decision, the High Court of Australia recognised that the Meriam people of the Torres Strait held native title over part of their traditional lands. The High Court found that the common law of Australia recognises rights and interests to land held by Aboriginal and Torres Strait Islander people under their traditional laws and customs.
The source of native title rights and interests is the traditional laws and customs of the native title holders. This means that the nature of native title rights and interests may vary from community to community.
The Native Title Act commenced on 1 January 1994. The Native Title Act has a number of functions including setting up processes through which native title can be recognised and providing protection for native title rights and interests.
Further information on native title can be found on the National Native Title Tribunal website.
Native title and land rights
There are fundamental differences between land rights and native title. Land rights are created by the Australian Government or State and Territory governments, and usually comprise a grant of freehold or perpetual lease title to Indigenous Australians. In contrast, native title arises as a result of the recognition, under Australian common law, of Indigenous rights and interests according to traditional Indigenous laws and customs. It is not a grant or right created by governments.