Native title in Australia

Native title is the set of rights, recognised by Australian law, held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title rights were first recognised as a part of Australian common law with the decision of Mabo v Queensland (No 2) in 1992. The Native Title Act 1993 subsequently set out the processes for determining native title.

The Court's determination of native title recognises that a continued beneficial legal interest in land held by an Indigenous claim group over identified land survived the the Crown's acquisition of radical title and sovereignty. Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title rights over the same land.

The term native title can refer the title held under traditional law and custom, as well as the common law recognition of that right.

An Aboriginal or Torres Strait Islander group ('claim group') lodges a native title claim over specified land in the Federal Court of Australia. The claim is referred to the National Native Title Tribunal (NNTT) that applies the "registration test" that determines whether a claim progresses. The relevant state or territory becomes a respondent to the claim, and any other interested parties will also join as respondents.

The Court hears applications for, and makes, native title determinations. Often determinations are resolved by consent between the parties. Appeals against these determinations can be made to a full sitting of the Federal Court and then to the High Court of Australia.

The NNTT, established under the Native Title Act 1993, also undertakes future act mediation and arbitral functions.

The Attorney-General's Department advises the Australian Government on legal and legal-policy regarding on native title, and assists the Attorney-General to administer the Native Title Act 1993.