What two things did the native title Act of 1993 do?
The Native Title Act 1993 (Cth) (NTA) is a law passed by the Australian Parliament that recognises the rights and interests of Aboriginal and Torres Strait Islander people in land and waters according to their traditional laws and customs.
How can native title rights be extinguished?
Native title can be extinguished by the granting of freehold land, the issuing of Crown leases and the construction or establishment of public works. Native Title cannot take away anyone else’s valid rights, including owning a home, holding a pastoral lease or having a mining lease.
How is native title Recognised?
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 …
Is the Native Title Act effective?
Native title is now well established in Australian law. It is for gaining recognition and protection of native title, and for resolving native title matters. It has been successfully used in many parts of the country. The system has also been used to bring together people who might not otherwise engage.
When did the Native Title Act come into force?
This is a compilation of the Native Title Act 1993 that shows the text of the law as amended and in force on 22 June 2017 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
What are the rights and responsibilities of native title?
It is important to note that native title only recognises the right to perform certain activities which come from traditional laws and customs but does not recognise those traditional laws and customs themselves. When a native title claim is determined, not all rights within the bundle are automatically granted.
Can a native title be used for commercial use of water?
Recognition of native title rights in waters does not extend to ownership or rights to commercial use of water. All states and territories have legislation that sets out the circumstances in which water can be taken, and when licences for taking water are required.
When did native title become legal in Australia?
For an interactive timeline please click here. Native title was first recognised in Australian law following a claim lodged in 1982 with the High Court of Australia by a group of Meriam people from the Eastern Torres Strait.