Native title is a legal term used to describe the recognition of pre-existing Indigenous ownership of land and the rights that come with it It is based on the rights and interests of Indigenous people in their land according to traditional laws and customs passed down from ancestors. These rights are recognised under Australian law, under the Native Title Act 1993, and are linked to the pre-existing rights and obligations Indigenous people had prior to the advent of European settlement in Australia.
The five best examples of Native title rights are as follows:
1. Continual Use of Land and Resources: Native title holders have a right to continue to care for their land, access and use the resources that it provides, and pass those rights on to future generations. This includes the traditional customs and practices that are associated with the land, such as hunting, fishing and gathering.
2. Compensation for Losses: Native title holders can seek compensation if any part of their land is taken away or interfered with by people outside their community. This could be in the form of cash payments or other ways, such as enabling access to other areas of land or resources.
3. Right to Practice Customs and Culture: All Indigenous people have a right to practice their culture and customs on their land, and this is particularly protected under the Native Title Act. This includes such things as performing ceremonies, gathering and feasting, and erecting monuments.
4. Consultation and Negotiation: Any proposed developments that may require the use of Native title land must be negotiated with the existing title holders, and Indigenous people must be consulted and their opinion taken into consideration. This consultation must be conducted in a meaningful way, as outlined in the National Native Title Tribunal’s Native Title Procedural Guidelines.
5. Decision-Making Authority: Native title holders have the right to exercise decision-making authority on their land, in terms of any proposed developments or projects. This includes the right to give or refuse consent to activities on their land, and the power to negotiate with third parties to reach agreement on any such activities that are ultimately to be undertaken.
Overall, these five examples demonstrate the range of rights that Indigenous people have over their own land and resources, in accordance with native title laws. These rights help to maintain the traditional culture and customs of Indigenous people, while also giving them some power over decisions that may affect their land.