Determinations of native title

A determination of native title is a decision that native title does or does not exist in a particular area of land and/or waters (the determination area).

Determinations of native title are made by the Federal Court of Australia, the High Court of Australia or another recognised body, who then notify the Native Title Registrar of the Tribunal for entry onto the National Native Title Register (NNTR).

This section includes:

• Types of determinations of native title
• Browse determinations of native title
• Some statistics about native title determinations

Types of determinations of native title

The National Native Title Tribunal classifies determinations according to the process by which the determination is ultimately reached. There are three broad processes which can lead to a determination of native title.

• Consent --If the parties involved reach an agreement, usually through mediation, about native title, a consent determination may be made by the court or recognised body.

• Litigated --When a native title application is contested the parties put forward their case in a trial process for determination by a judge.

• Unopposed --If no one contests a native title application, the court or recognised body may make an unopposed determination.

Any single determination can be the result of different but interrelated processes. For example, the High Court's 2002 Ward decision to is characterised as a consent determination even though the parties reached final agreement after a long period of litigation.

Determinations may cover the entire area of an application, or only part of the area of an application. Sometimes the court may decide that native title rights exist over one part of the determination area, but do not exist over another part. At other times, the court may decide that the people who hold native title have different rights and interests in relation to different parts of the determination area.

The court may also decide that native title rights over the determination area (or part of the determination area) are conditional upon some future event occurring, for example, the registration of an indigenous land use agreement or the establishment and registration of a prescribed body corporate (PBC).

Browse determinations of native title

When browsing determinations of native title, note that there is no direct one-to-one relationship between the number of decisions about native title determinations made by a court or recognised body, the number of native title applications affected by native title and the number of registered determinations on the NNTR. This is because:

• a determination of native title may cover one or more native title applications, or only part of an application. In cases when only part of an application is covered, the remainder of the application may be dismissed, discontinued, withdrawn or it may remain active for another determination at a later date;

• any single court decision about a determination of native title may result in several registered determinations of native title which come into effect at different times. For example, the court decision might be in two parts. One part might state that native title does not exist over a segment of the determination area, and would come into effect immediately. The other part might state that native title does exist over the remainder of the determination area but only after an indigenous land use agreement has been registered. The one decision of native title is then entered on the NNTR as two registered determinations that take effect on different dates.

For more information about the NNTR, click here.

• by short name
• by determination date
• by state or territory
• determinations where native title was found to exist (in the entire or part of the determination area)
• determinations where native title was found not to exist in the determination area
  
• consent determinations
• litigated determinations
• unopposed determinations

Summary information is provided about each determination. To access more detailed information and find out whether an area of land and/or water is affected by a determination of native title, you can ask the Tribunal to search the National Native Title Register.

View a map of current determinations.

Some statistics about native title determinations

* Please note: this includes those parts of a determination in which the court has decided that native title does not exist over an entire segment of a determination area (and where the remainder of the determination that native title exists is conditional upon a future event occurring).