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Native title claims and negotiations

We manage the Commonwealth's involvement in native title claims and provide advice to the Attorney-General.

Commonwealth participation in native title claims

The Commonwealth joins native title claims when it has property interests within the claim area or when the claim area includes an offshore component.

  • The Attorney-General also has the right to intervene in native title proceedings, and may do so if the issues raised are of importance to the Commonwealth.
    • For example, the Attorney-General has participated in claims for compensation for the loss, diminution or impairment of native title rights and interests.

The Commonwealth aims to resolve matters in a timely and cost-efficient manner through negotiation, rather than litigation. Successful negotiations often result in a determination of native title made with the consent of all parties.

Indigenous land use agreements

The Commonwealth also enters into Indigenous land use agreements (ILUAs) to facilitate negotiation of voluntary binding agreements. For more information about ILUAs visit the future acts regime page.

For more information on native title applications and determinations visit the National Native Title Tribunal website.

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