How to apply
There are three main types of native title applications
- Claimant applications
This is an application made by Indigenous people for a determination that native title exists in a particular area of land or waters. Claimant applications are also often referred to as 'native title claims' or 'native title determination applications'.
- Non-claimant applications
This is an application made by someone who does not claim to have native title to an area but who seeks a determination that native title does or does not exist in the area.
- Compensation applications
This is an application made by Indigenous Australians seeking compensation for loss or impairment of their native title.
How to apply
If you wish to make an application, you or your representative must file the application with the Federal Court of Australia in your capital city. In South Australia the Supreme Court is also able to receive native title applications.
In addition, information for applicants, including questions and answers about the role of Indigenous applicants, and how to prepare a claimant application for the registration test, is available from the Federal Court and Tribunal registries.
Other types of applications include:
- revised native title determination applications (applications to vary or revoke a determination of native title)
- strike out applications (applications by parties to native title applications for the matters to be thrown out because they fail to comply with the requirements of the Native Title Act)
- applications to review a decision to refuse registration of a claimant application
- applications relating to appeals from decisions or determinations of the Tribunal on questions of law
- applications to remove the details of an indigenous land use agreement from the Register of Indigenous Land Use Agreements
- applications about the transfer of documents from one Aboriginal and Torres Strait Islander representative body to a new representative body.
Further reading
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