What is a native title claim?
Native title is the name Australian law gives to the traditional ownership of land and waters that have always belonged to Aboriginal people according to their traditions, laws and customs.
What does extinguish native title mean?
Extinguishment or partial extinguishment of native title (NTA s 237A) means that native title holders are no longer able to fully exercise their traditional rights in an area.
What does it mean to have native title to land?
Native title is the recognition that Aboriginal and Torres Strait Islander people have rights and interests to land and waters according to their traditional law and customs as set out in Australian Law.
What is native title and why is it important?
Native title protects the land which will be passed on to future generations along with the traditional laws and customs which govern it. Business opportunities. Aboriginal people can establish businesses and create training and employment, giving them economic independence.
Is native title the same as freehold title?
Native title cannot be claimed on freehold land, as it is extinguished over the area. However, protection is required on freehold land under State and federal legislation for the protection of sacred sites.
What is the difference between land rights and native title?
Land rights are different from native title in that they aren’t about a previous connection to county. In NSW, native title is a set of rights offered over land that might be already held by Aboriginal people under the Land Rights Act.
Why is native title extinguished?
oceans, seas, reefs, lakes, rivers, creeks and other waters that are not privately owned. However, Native Title can be extinguished or impaired when holders of native title are not able to fully exercise their traditional rights in an area.
Does an Ilua extinguish native title?
An ILUA can be about any native title matter agreed by the parties, including settlement or exercise of native title rights and interests, surrender of native title to governments, land management, future development, mining, cultural heritage, coexistence of native title rights with other rights, access to an area.
What are the benefits of native title?
Native title benefits are paid to recognise the rights and interests Aboriginal and Torres Strait Islander peoples have with their land and waters, which comes from their traditional laws and customs, under Australian law.
How do land rights differ from native title?
Land rights are about social justice and recognition that life has been irrevocably disrupted by colonisation, the violence enacted upon Aboriginal people by the state. Native title, in effect, says that Aboriginal people have retained connections, lores and customs related to place.
What is wrong with the Native Title Act?
The problem is that native title can easily be extinguished, it is impossible to ‘revive’ extinguished title, and there’s a lack of either a right of veto or a statutory entitlement to any royalties from mining. Private payments negotiated with mining companies allow these access to traditional lands.
Why was the Native Title Act amended?
The Amendment Act amends the Native Title Act to provide greater flexibility to claim groups around developing their own internal decision-making structures. The changes also aim to ensure the applicant is accountable to the broader claim group.
Where are the Nukunu people native title holders?
The Nukunu people were successfully recognised as the native title holders for a large area east of Port Augusta in a Federal Court hearing on Thursday. Justice Natalie Charlesworth had already granted the Nukunu people native title over an adjoining area encompassing Port Pirie and part of the Flinders Ranges in 2019.
Who are the numnukunu?
Nukunu are an Aboriginal Australian people of South Australia, living around the Spencer Gulf area. In the years after British colonisation of South Australia, the area was developed to contain the cities of Port Pirie and Port Augusta.
Who are the Barngarla and Nukunu?
The Barngarla people recently won a native title claim over the majority of the city of Port Augusta, which now meets the newly-expanded Nukunu native title area that was extended west.
What is the significance of the Nukunu tribe?
The Nukunu were the southeastern-most tribe which adopted not only circumcision but also subincision(mimpi) as part of their rite of initiating young males into full tribal status. The Nukunu took pride in being “ritual purists”.