Land rights and native title both formally recognise Aboriginal rights in land. But what is the difference between the two?
Last updated: 13 August 2020 • 5 min read
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The map below shows the percentage of the Australian land mass that has been claimed by land rights (red), has been determined to be exclusive native title (red and yellow stripes), or non-exclusive native title (yellow) and the percentage that has been claimed but not determined yet (yellow stripes). [7]
[1] '1301.0 - Year Book Australia, 2002', Australian Bureau of Statistics, 25/01/2002
[2] [2a] 'Land rights and native title aren't the same — and the two systems could spark Indigenous conflict', ABC News 16/11/2018
[3] 'Land Rights and Native Title in NSW - A Guide for the Community', NSW Aboriginal Land Council, July 2014
[4] Other legislation includes: Aborigines Act 1889 (WA), Pitjantjatjara Land Rights Act 1981 (SA), Maralinga Tjarutja Land Rights Act 1984 (SA), Aboriginal Land Rights Act 1983 (NSW), Aboriginal Land Act 1991 (QLD), Torres Strait Islander Land Act 1991 (QLD), Aboriginal Lands Act 1995 (TAS), Traditional Owner Settlement Act 2010 (VIC). ACT has more localised agreements. See www.alrc.gov.au/publication/connection-to-country-review-of-the-native-title-act-1993-cth-alrc-report-126/3-context-for-reform/land-rights-and-native-title-in-the-states-and-territories/, retrieved 26/11/2019
[5] 'Land rights and native title aren't the same — and the two systems could spark Indigenous conflict', ABC News 18/11/2018
[6] [6a] 'The political ecology and political economy of the Indigenous land titling ‘revolution’ in Australia', Jon Altman, Māori Law Review, March 2014, maorilawreview.co.nz/2014/03/the-political-ecology-and-political-economy-of-the-indigenous-land-revolution-in-australia/, retrieved 25/11/2019
[7] 'Connection to Country: Review of the Native Title Act 1993 (Cth)', ALRC Report 126, Australian Law Reform Commission, 'Outcomes to date', Table 2, 22/5/2015, www.alrc.gov.au/publication/connection-to-country-review-of-the-native-title-act-1993-cth-alrc-report-126/3-context-for-reform/outcomes-to-date/, retrieved 28/11/2019
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