Contributors:

Indigenous Law Resources

[Databases] [Recent Additions] [Translate] [Add a Link] [Disclaimer]

WorldLII >> Categories >> Countries >> Australia >> By Subject >> Aboriginals & Torres Strait Islanders >> By Subject >> Land Rights >> Native Title

• Other Indexes

• Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Account (1993-2006) [Search]
  This Committee was established to consult about the implementation and operation of the Native Title Act 1993 (Cth), and it ceased operations in 2006 in accordance with the sunset clause in section 207 of the NTA. Information about the completed inquiries and several reports (on Parliament of Australia website)
• Aboriginal Peace Plan
  Representatives of major land councils and legal services presented the Prime Minister with their own proposal for just settlement of Indigenous rights (RSJ Library on AustLII)
• ATSIC Issues: Native Title [Search]
  Reports, position papers and analysis of the legislation and related material (on Pandora)
• Attorney-General of the Northern Territory v Ward [2003] FCAFC 283 (9 December 2003)
  This was a consent determination that native title exists in part of the area of the Miriuwung Gajerrong application area. There are 3 estate areas and groups, Damberal, Bindjen and the Nyawamnyawam. This case follows the High Court in WA v Ward 2002, saying that non-exclusive rights must be listed exhaustively (on AustLII)
• Australians for Native Title and Reconciliation (ANTaR) [Search]
  Homepage of national advocacy organisation dedicated to the rights - and overcoming the disadvantage - of Aboriginal and Torres Strait Islander peopleby lobbying and public campaigns.
• Co-existence: Negotiation and Certainty [Search]
  The Indigenous Position in Response to the Wik Decision and the Government's Proposed Amendmentsto the Native Title Act (1993). Prepared by the National Indigenous Working Group on Native Title (April 1997)
• Federal Court of Australia: Native Title Infobase [Search]
• Financial Assistance by the Attorney-General (Cth) in Native Title Cases [Search]
  (National Native Title Tribunal)
• First Report 1993 - Chapter 1: Native Title
  Aboriginal And Torres Strait Islander Social Justice Commissioner (RSJ Library on AustLII)
• Hayes v Northern Territory [1999] FCA 1248 (9 September 1999)
  This litigated case was the first determination of native title existing in a town. It was held that the Arrernte people (Mpantwe, Antulye and Irlpme) had rights which co-existed with other interests on 118 parcels of land - reserves, parks and vacant crown land in and around Alice Springs. Olney J also held that native title can co-exist with pastoral leases (on AustLII)
• Hot Topic 27: Native Title [Search]
  Hot Topics are an ongoing series of booklets about recent changes and current debates in the law published by the Legal Information Access Centre (LIAC) (on AustLII)
• Indigenous Land Use Agreements (ILUAs): Second Interim Report for the s 206(d) Inquiry: Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Account (2001) [Search]
  This report examines the history of various types of agreements with native title holders over land use, the ILUA negotiation process, registration and implementation of ILUAs (on Parliament of Australia website)
• Interim Report for the s 206(d) Inquiry: Fifteenth Report of the Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Account (1999) [Search]
  This reviews several aspects of the native title regime, including effectiveness of the NNTT and State and Territory legislation. Ch 5 looks at extent of extinguishment in detail, cases including Mabo, Wik, Waanyi and WA v Commonwealth (on Parliament of Australia)
• Jango v Northern Territory of Australia [2007] FCAFC 101 (6 July 2007)
  Claim under s61(1)Native Title Act 1993 (Cth)on behalf of Yankunytatjatjara and Pitjantjatjara people for compensation for extinguishment of native title around Yulara in the Western Desert. The court held that native title was not established by the evidence, so no compensation was granted. The appeal was dimissed (on AustLII)
• Mabo & Ors v Queensland & Commonwealth S86/001 [1986] HCA 8 (27 February 1986)
  Murray Islanders’ claim that their land rights were not affected by acquisition of British sovereignty and continue. In this directions hearing, HCA Chief Justice Gibbs ordered that the matter be remitted to the Supreme Court of Queensland for determination of issues of fact (on AustLII)
• Mabo (No 1): Mabo & Anor v State of Queensland & Anor [1988] HCA 69, (1989) 166 CLR 186
  The High Court by majority held that the Queensland Coast Islands Declaratory Act 1985 (Qld) was invalid. The Qld Act had been passed to assert that all native title rights in the Torres Strait has been extinguished in 1879, in an attempt to prevent the Meriam people having their native title recognised by the courts (on AustLII)
• Mabo (No 2): Mabo and Ors v Queensland (1992)175 CLR 1
  The majority of the High Court (6-1) decide that native title survived the crown's aquisition of sovereignty, and where not extinguished by other acts, native title is continuing and recognised by the common law of Australia (on AustLII)
• Mark Anderson on behalf of the Spinifex People v State of Western Australia [2000] FCA 1717 (28 November 2000)
  The Pula Nguru people (aka Spinifex people) hold native title to about 55 000 sq kms of land and waters in the Central Desert region of WA. This signifcant consent determination gives the peoples exclusive possession of about four-fifths of the claims area (on AustLII)
• Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58; 214 CLR 422 (12 December 2002)
  High Court dismissed appeal by Yorta Yorta people, native title does not exist in the area. For rights to be recognised there must be evidence that the laws and customs of the normative system from which the rights stem must have had a continuous existence since the Bristish assertion of sovereignty, within a continuing society (on AustLII)
• National Indigenous Working Group on Native Title [Search]
  Establishment, documents, press releases and links to related resources (on FAIRA site)
• Native Title
  Information and links about the rights of Indigenous Australians, Mabo, Wik, the Native Title Act 1993 (Cth), the 10 Point Plan and Harradine amendments, and relevant cases (Rod Hagen website)
• Native Title (New South Wales) Act 1994 (NSW)
  Land subject to native title claims cannot be subject to claim under Aboriginal land rights act. Also allows claims to be defeated by ministerial certificate (on AustLII)
• Native Title (Queensland) Act 1993 (Qld)
  Set in place mechanisms for processing native title claims in Queensland (on AustLII)
• Native Title (Tasmania) Act 1994 (Tas)
  (on AustLII)
• Native Title - Information Papers [Search]
  Information papers, submissions and local agreements (Australian Local Government Association)
• Native Title Act 1993 (Cth)
  This major reform was the Keating govt's response to the decisons of the High Court in Mabo (No 2). It contains a scheme for obtaining a determination from the Federal Court as to whether native title exists in relation to a defined area and anarbitration mechanism for processing development applications in relation to land which is the subject of a native title claim (on AustLII)
• Native Title Forum 2001 [Search]
  This native title forum, 'Negotiating Country', was organised by the National Native Title Tribunal in Brisbane from 1 to 3 August 2001 (on National Native Title Tribunal)
• Native Title Issues Papers [Search]
  (AIATSIS Native Title Research Unit)
• Native Title Newsletter [Search]
  (AIATSIS Native Title Research Unit)
• Native Title Report - 1997: The Wik Case
  Aboriginal and Torres Strait Islander Social Justice Commissioner (RSJ Library on AustLII)
• Native Title Report January - June 1994
  Aboriginal and Torres Strait Islander Social Justice Commissioner - Explanation of Native Title Act 1993(Cth) (RSJ Library on AustLII)
• Native Title Research Unit (AIATSIS) [Search]
• Ngarluma Yindjibarndi Native Title Appeal: Moses v State of Western Australia [2007] FCAFC 78 (7 June 2007)
  Determination that native title exists in the claim area. Not wholly extinguished in relation to pastoral leases for Mt Welcome, Coolawanya, Mallina and Hooley. Prior extinguishment was disregarded under s47B NTA in relation to temporary mining reserves, native title exists in the Karratha area, and two separate bodies should be the trustees of the native title (on AustLII)
• Northern Territory of Australia v Alyawarr, Kaytetye, Warumungu, Wakaya Native Title Claim Group [2005] FCAFC 135 (29 July 2005)
  The claim group comprises 7 landholding estate groups, of traditional country south east of Tennant Creek. The court held that in relation to the pastoral lease land, native title rights were not exclusive, but did include a range of rights, however, the right to trade resources is not included. Exclusive native title was recognised over the undeveloped Hatches Creek townsite through s47B of the Native Title Act 1993 (Cth) (on AustLII)
• Papers of Edward Koiki Mabo (1936-1992) [Search]
  National Library of Australia
• Report of Inquiry into the Native Title Amendment Bill 1996 (Cth) and the Racial Discrimination Act 1975 (Cth): Seventh Report of the Joint Committee on Native Title (1996) [Search]
  This Inquiry considered amendments to the NTA proposed in 1996, asking specifically whether legislative extinguishment of native title rights contravened the RDA (on Parliament of Australia)
• Report of Inquiry into the Native Title Amendment Bill 1996 (Cth): Sixth Report of the Joint Committee on Native Title (1996) [Search]
  This Inquiry looked at the first Native Title Amendment Bill, specifically at issues including extinguishment, future acts, the application process, represenative bodies and mediation by the National Native Title Tribunal (on Parliament of Australia website)
• Report of Inquiry into the Native Title Amendment Bill 1997 (Cth): Tenth Report of the Joint Committee on Native Title (1998) [Search]
  This amendment bill was tabled in response to the High Court's decision in Wik in 1996, which found that pastoral leases which do not grant exclusive possession, could co-exist with native title rights at common law (on Parliament of Austral website)
• Report of the Joint Committee on Native title and the Aboriginal and Torres Strait Islander Land Fund on the National Native Tribunal Annual Report 1995-1996 [Search]
• Rubibi Community v State of Western Australia (No 7)(with Corrigendum dated 10 May 2006) [2006] FCA 459 (28 April 2006)
  Native title exists and is held by the Yawuru Community, only for non-commercial use of resources. Case also defines criteria for membership of a native title holding community. Reserving land for gaol and police does not extinguish all native title, but construction extinguishes all native title for the land on which the building stands, but native title can remain over the rest of the claim area (on AustLII)
• Towards a More Workable Native Title Act [Search]
  (Department of Prime Minister and Cabinet)
• Understanding Native Title
  Torres Strait Regional Authority
• Validation (Native Title) Act (NT)
  (On AustLII)
• Western Australia Office of Native Title [Search]
  The Office of Native Title is responsible for the implementation of the State Government's native title policy. That policy is based on the principles of negotiation, not litigation.
• Western Australia v Ward; Attorney-General (NT) v Ward; Ningarmara v Northern Territory [2002] HCA 28 (8 August 2002)
  This leading case on native title examines the provisions of the Native Title Act 1993 (Cth) and defines requirements for complete and partial extinguishment and recognition. Native title is a bundle of rights, and inconsistent rights and interests will be extinguished by other grants of rights to land. The case was remitted to the Federal Court for a consent determination of the native title area (on AustLII)
• Wilson v Anderson [2002] HCA 29; 213 CLR 401 (8 August 2002)
  High Court found that NSW grazing leases granted in perpetuity under the Western Lands Act 1901 (NSW) conferred a right of exclusive possession. This meant that all native title had been extinguished for areas covered by those leases (on AustLII)