General publications
Using the Registers of the National Native Title Tribunal May 2007
Advice on how to use the three registers maintained by the Tribunal:
- Register of Native Title Claims
- National Native Title Register
- Register of Indigenous Land Use Agreements.
Negotiating native title in local government July 2008
Native title is a key issue for local governments in Australia.
Native title and the descent of rights May 2007
By P. Sutton (book)
This book contains two papers by Adelaide-based anthropologist Dr Peter Sutton on the issues of kinship and social structures of Aboriginal society and how traditional connection might be understood among Aboriginal groups whose cultures have been transformed by European cultures.
Fact sheets
A series of 18 short information sheets, covering various aspects of native title.
What is native title?
What is native title? August 2008
Native title is the recognition in Australian law that some Indigenous people continue to hold rights to their land and waters, which come from their traditional laws and customs.
What kinds of areas can be claimed in a native title application? August 2008
Native title can only be claimed in areas where it has not been extinguished (refused recognition). For most of the areas where native title is successfully claimed, the country will be shared by the native title holders and other people with rights and interests in the same area.
Native title on pastoral leases September 2007
Pastoralists and farmers in Australia have rights to land under various lease arrangements governed by different state and territory laws that may affect native title.
What happens when there is a native title application? August 2000
A graphical representation of the stages and processes involved when a native title application is lodged with the Federal Court.
What's the difference between native title and land rights? September 2007
Native title involves the recognition of pre-existing rights and interests of Aboriginal people and Torres Strait Islanders in relation to land and waters. Land rights involve the grant of interests in land under various legislation.
Compensation and native title December 2007
When native title claimants lodge a compensation application in the Federal Court, they are seeking compensation for the loss or impairment of their native title over an area of land or water.
Making agreements
Native title mediation August 2007
Mediation of native title matters is a method of managing negotiations in which an impartial person (the mediator) assists parties to reach agreement.
What is an indigenous land use agreement (ILUA)? December 2007
An indigenous land use agreement (ILUA) is an agreement about native title and the use and management of land and waters made between one or more native title groups and other people.
What is a native title determination? December 2007
A native title determination is a decision by the Federal Court, High Court or recognised state or territory bodies, that native title does or does not exist in relation to a particular area of land or waters.
What is a prescribed body corporate? December 2007
When the court makes a determination that native title exists under the Native Title Act native title holders are required to establish a body corporate to represent them as a group and manage their native title rights and interests.
What rights apply?
The right to negotiate? December 2007
The right to negotiate is a procedure followed under the Native Title Act to ensure some of the things that can affect native title (called future acts) can be validly done.
What is the registration test? December 2007
The registration test is a set of conditions applied to an application for a native title claim. The application must satisfy all the conditions of the test to get registered. If successful, the claimants gain the right to negotiate, the right to oppose non-claimant applications and certain other procedural rights while their claim is pending.
Water, June 2008
Certain Indigenous laws and customs relating to water and its resources may be recognised as native title rights.
Getting on with business
What does native title mean for local government? March 2008
Certain things that a local government does in relation to land may affect the rights and interests of native title holders.
Fast-tracking the grant of some mining tenements June 2008
Exploration and prospecting are kinds of activities known as ‘future acts’ under the Native Title Act. A future act is a proposed activity or development on land and/or waters, such as mining, prospecting or exploration, that may affect native title.
Getting help
Where can you get help on native title? December 2007
If you need advice on native title matters, this fact sheet contains details of organisations that can help.
What happens when a native title claim goes to court? September 2007
When a native title claim goes to court, the claimant or non-claimant application may result in one of three outcomes: an unopposed determination, consent determination or litigated determination. Reaching an agreement through mediation is usually less costly than litigation.
What the National Native Title Tribunal does August 2008
The Tribunal's primary purpose is to resolve native title issues over land and waters. It applies specialist knowledge, skills and experience to the mediation of native title claims, to mediation and arbitration of land use and development proposals, and to a range of other matters arising from the native title process.
To order hard copies of publications, please complete the online order form.