Native title in Australia

Native title is the recognition under Australian law of rights and interests in land and waters held by Aboriginal and Torres Strait Islander peoples under traditional laws and customs. Its recognition depends on those laws and customs continuing to connect claimants with the area.

Native title claim: A legal application seeking recognition of native title over a defined area. Claims bring evidence of traditional laws, customs, and connection before a court or tribunal.
Terra nullius: A doctrine used to justify claiming territory on the premise that it belonged to no sovereign or legally recognized owner. Mabo rejected its application to Australia as a basis for denying pre-existing rights.
Noongar people: Aboriginal peoples of southwestern Western Australia, with distinct languages, communities, and traditional lands. The Noongar determination became a major example of recognition across a large settled region.
Aboriginal land rights in Australia: Statutory rights to land granted to Aboriginal people under Australian legislation, often independently of native title. Land rights schemes can grant title even where native title cannot be established.
Native title compensation: Compensation payable for certain acts that impair or extinguish native title rights and interests. Recognition can support compensation claims for past or future impacts on native title.
Connection test: The evidentiary requirement that claimants show connection to an area through traditional laws and customs. This test is central to proving that rights have continued since sovereignty.
Mabo v Queensland (No 2): A 1992 High Court of Australia decision recognizing that common law could acknowledge native title. The judgment overturned terra nullius as a basis for extinguishing all Indigenous land rights.
Yorta Yorta people: Aboriginal peoples whose traditional lands span parts of northern Victoria and southern New South Wales. Their case produced a highly influential ruling on continuity of traditional laws and customs.
Freehold: A form of land ownership that generally confers indefinite possession, subject to law and other interests. Native title is not equivalent to unrestricted private ownership and may coexist with other interests.
Prescribed body corporate: A corporation nominated to hold or manage native title rights after a determination. It represents determined native title holders in dealings concerning their rights.

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