What is Native Title?

In the 1992 Mabo decision, the High Court of Australia recognised that the Meriam people of the Torres Strait held native title over part of their traditional lands. The High Court found that the common law of Australia recognises rights and interests to land held by Aboriginal and Torres Strait Islander people under their traditional laws and customs.

The source of native title rights and interests is the traditional laws and customs of the native title holders. This means that the nature of native title rights and interests may vary from community to community.

The Native Title Act commenced on 1 January 1994. The Native Title Act has a number of functions including setting up processes through which native title can be recognised and providing protection for native title rights and interests. 

Further information on native title can be found on the National Native Title Tribunal website.