Native title legislation in Australia

Native title legislation in Australia

Commonwealth, State, and Territory Parliaments of Australia have passed legislation codifying and modifying native title under the common law. These include the Aboriginal Land Rights Act 1976 and the Native Title Act 1993.

Contents

1966 (SA) Aboriginal Lands Trust Act

The Aboriginal Lands Trust Act 1966[1] established the South Australian Aboriginal Lands Trust.

1970 (VIC) Aboriginal Lands Act

Victorian Aboriginal Lands Act 1970[2]

1976 (NT) Aboriginal Land Rights (Northern Territory) Act

As a result of the findings of the Woodward Aboriginal Land Rights Commission, a Royal Commission, the Fraser Government enacted the Aboriginal Land Rights Act[3] in 1976, after its drafting by the Whitlam Labor Government in 1975.

Four land councils were established under this law. It established the basis upon which Aboriginal people in the Northern Territory could, for the first time, claim rights to land based on traditional occupation. This Act was the first Australian law which allowed a claim of title if claimants could provide evidence of their traditional association with land.

1978 (Cwlth) Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self-Management)

[4]

1978 (QLD) Local Government (Aboriginal Lands) Act

The Queensland 1978 Local Government (Aboriginal Lands) Act[5] transferred land leases to the shires of Aurukun and Mornington.

1981 (SA) Pitjantjatjara Lands Act

The Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 of South Australia enabled land to be transferred to the Pitjantjatjara people, who had maintained a continuous connection with their land. However, the act provided no basis for claims by other groups.

1983 (NSW) Aboriginal Land Rights Act

The New South Wales Aboriginal Land Rights Act[6] provided land rights for Aboriginal persons, representative Aboriginal Land Councils, vested land in those Councils, provided for acquisition and management of land, and for the provision of community benefit schemes by or on behalf of those Councils.

1985 (QLD) Aborigines and Torres Strait Islanders (Land Holding) Act

The Aborigines and Torres Strait Islander Act [7], brought in by Bob Katter, enabled the issuing of perpetual leases on existing Indigenous Lands in Queensland to Indigenous individuals.

1986 (Cwlth) Aboriginal Land Grant (Jervis Bay Territory) Act

The 1986 Commonwealth Aboriginal Land Grant (Jervis Bay Territory) [8] established the Wreck Bay Aboriginal Community Council and grants land to the council.

1987 (Cwlth) Aboriginal Land (Lake Condah and Framlingham Forest) Act

The 1987 Commonwealth Aboriginal Land (Lake Condah and Framlingham Forest) Act[9] vests land to nominated Aboriginal Corporations.

1989 (VIC) Aboriginal Land (Northcote Land) Act

The purpose of the Victorian Aboriginal Land (Northcote Land) Act[10] is to authorise the granting by the Crown of land at Northcote to the Aborigines Advancement League Incorporated. ABORIGINAL LAND (NORTHCOTE LAND) ACT 1989

1991 (VIC) Aboriginal Lands Act

The main purpose of the Victorian Aboriginal Lands Act 1991[11] was to revoke the reservations of certain lands, and authorise the granting of that land for Aboriginal cultural and burial purposes.

1991 (QLD) Aboriginal Land Act and Torres Strait Islander Land Act

These two acts, the Aboriginal Land Act[12] and the Torres Strait Islander Land Act[13], superseded the Aborigines and Torres Strait Islanders (Land Holding) Act 1985.

1992 (VIC) Aboriginal Land (Manatunga Land) Act

The purpose of the Victorian Aboriginal Land (Manatunga Land) Act [14] is is to authorise the grant by the Crown of land at Robinvale to the Murray Valley Aboriginal Co-operative Limited and to extinguish a Crown lease and any other encumbrances existing over that land.

1993 (Cwlth) Native Title Act

The recognition of the legal concept of native title in the Mabo Decision in 1992 led its recognition by the legislative system a year later when the Keating government enacted the Native Title Act 1993 [15]. It attempted to clarify the legal position of landholders and the processes that must be followed for Native Title to be claimed, protected and recognised through the courts.

The concept of claiming land rights is independent of native title.

Native title is not the same as land rights Aboriginal Land Rights Acts. Land rights are new legal rights that are created and granted under Australian law to Indigenous Australians.

In a land rights claim Indigenous Australians can seek a grant of title to land from the Commonwealth, state or territory governments. That grant may recognise traditional interest in the land, and protect those interests by giving Indigenous people legal ownership of that land.

1993 (QLD) Native Title Act

The 1993 Queensland Native Title Act[16] clarified various issues relating to Native title.

1994 (ACT) Native Title Act

The 1994 ACT Native Title Act [17] clarified various issues relating to Native title.

1994 (NSW) Native Title (New South Wales) Act

The 1994 New South Wales Native Title Act [18] clarifies various Native Title issues.

1994 (SA) Native Title (South Australia) Act

The 1994 South Australian Native Title Act [19] clarifies various Native Title issues.

1994 (TAS) Native Title (Tasmania) Act

The 1994 Tasmanian Native Title Act[20] clarified and confirmed various issues relating to native title.

1995 (TAS) Aboriginal Lands Act

The Aboriginal Lands Act 1995[21] created the Tasmanian Aboriginal Land Council and defined lands vested in the council.

1998 (Cwlth) Native Title Amendment Act

[22]

1999 (WA) Native Title (State Provisions) Act

The Native Title (State Provisions) Act[23] created the Native Title commission.

2006 (Cwlth) Aboriginal Land Rights (Northern Territory) Amendment Act

The 2006 Commonwealth Aboriginal Land Rights Amendment Act [24] enables private housing on Indigenous lands.

2007 (Cwlth) Native Title Amendment Act

[25]

2009 (NSW) Aboriginal Land Rights Amendment Act

[26]

References

See also


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