Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Native Title and land rights

There are fundamental differences between land rights and native title. Land rights are created by the Australian Government or State and Territory governments, and usually comprise a grant of freehold or perpetual lease title to Indigenous Australians. In contrast, native title arises as a result of the recognition, under Australian common law, of Indigenous rights and interests according to traditional Indigenous laws and customs. It is not a grant or right created by governments.

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