Native Title Act, 1993:

An Act about native title in relation to land or waters, and for related purposes.

"Preamble

This preamble sets out considerations taken into account by the Parliament of  Australia in enacting the law that follows. The people whose descendants are now known as Aboriginal peoples and Torres Strait Islanders were the inhabitants of Australia before European settlement. They have been progressively dispossessed of their lands. This dispossession occurred largely without compensation, and successive governments have failed to reach a lasting and equitable agreement with Aboriginal peoples and Torres Strait Islanders concerning the use of their lands. As  a consequence, Aboriginal peoples and Torres Strait Islanders have become, as a group, the most disadvantaged in Australian society. The people of Australia voted overwhelmingly to amend the Constitution so that the Parliament of Australia would be able to make special laws for peoples of the aboriginal race.

The Australian Government has acted to protect the rights of all of its citizens, and in particular its indigenous peoples, by recognising international standards for the protection of universal human rights and fundamental freedoms through:

• (a) the ratification of the International Convention on the Elimination ofAll  Forms of Racial Discrimination and other standard-setting instruments such  as the International Covenants on Economic, Social and Cultural Rights and  on Civil and Political Rights; and
• (b) the acceptance of the Universal Declaration of Human Rights; and
• (c) the enactment of legislation such as the Racial Discrimination Act 1975and the Human Rights and Equal Opportunity Commission Act 1986.

The High Court has:

• (a) rejected the doctrine that Australia was terra nullius (land belonging to no-one) at the time of European settlement; and
• (b) held that the common law of Australia recognises a form of native title that reflects the entitlement of the indigenous inhabitants of Australia, in accordance with their laws and customs, to their traditional lands; and
• (c) held that native title is extinguished by valid government acts that are inconsistent with the continued existence of native title rights and interests, such as the grant of freehold or leasehold estates." 

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Citation and/or URL

Native Title Act 1993 

Spatial Coverage

Australia     

Temporal Coverage

1993

Update Frequency

Not applicable 

Other Information

None