What limits the recognition of native title?

Native title: • can be extinguished (refused recognition) because of things the government has done, or allowed others to do, over a particular area that are inconsistent with native title • is not granted by governments—it is usually recognised through a determination made by the Federal Court under the Native Title …

What did native title Remove from Australian law?

Mabo versus Queensland The High Court’s judgement in the Mabo case resulted in the introduction of the doctrine of native title into Australian law, removing the myth of terra nullius and establishing a legal framework for native title claims by Aboriginal and Torres Strait Islander people in Australia.

What are the rules around native title claims?

Native title requires Aboriginal people to prove they have had a continuous and unbroken connection to their country since colonisation, which in Western Australia was 1829.

How much land in Australia is under native title?

Native title claimants can make an application to the Federal Court of Australia to have their native title recognised by Australian law. At 30 September 2015, native title has been recognised over approximately 2,469,647 km2 or about 32% of the Australian land mass.

Can native title be claimed on private property?

Native title cannot take away anyone else’s valid rights to land, including owning a home, holding a pastoral lease or having a mining licence. Australian law does not recognise native title over places where people have exclusive possession of the land, like privately owned freehold land.

What did the native title Amendment Act 1998 Change?

The Amendment Act amends the Native Title Act to allow a RNTBC (the corporation established by native title holders following a determination of native title) to bring a compensation application over areas where native title has been extinguished within the boundary of their determination area.