They may also be involved in community activities outside of their official duties such as cultural projects, economic development, training and employment. Watch a video about the experience of Karajarri people living with native title in the West Kimberley. Karajarri country is in the west Kimberley, south of Broome. The Karajarri people have native title over 33, square kilometres of their country — country that includes diverse landscapes from pristine coastal waters to the Great Sandy Desert.
Native title holders are entitled to compensation for activities which diminish or damage their native title rights and interests Native Title Act Cth s 51 1 NTA. The RDA does not allow for discrimination on the basis of race, colour, descent or national or ethnic origin RDA s 10 1. This means laws cannot be made which are discriminatory against native title holders. Compensation claims have only recently come before the courts.
This is because it contains detailed guidance on how to calculate compensation. It also suggests that total liability for past acts of extinguishment and impairment of native title rights may be very large.
The court awarded compensation for economic loss calculated by reference to the freehold value of the land and cultural loss spiritual or religious hurt caused by the acts.
They also awarded interest on the economic loss. This area of native title law is likely to develop further in the coming years, with greater guidance on how economic and cultural loss are to be calculated, and the kinds of acts which might give rise to compensation.
About native title. Recognition of native title rights in waters does not extend to ownership or rights to commercial use of water. All states and territories have legislation that sets out the circumstances in which water can be taken, and when licences for taking water are required. Native title water rights can be extinguished or partially extinguished by past acts of government, such as the granting of water rights to third parties. According to current law, native title holders who wish to use water resources for commercial activities, such as commercial irrigation, are required to apply through existing State and Territory water management regimes.
This page was authored by Michael Cawthorn, consultant anthropologist updated The PBC website acknowledges the traditional owners of country throughout Australia and their continuing connection to land, culture and community.
Aboriginal and Torres Strait Islander people should be aware that this website may contain images, voices or names of deceased persons in photographs, film, audio recordings or printed material. While the PBC website has used all reasonable endeavours to ensure that the information on this website is as accurate as possible, it does not guarantee and accepts no legal liability arising from or connected to, the accuracy, reliability, currency or completeness of any material contained on this website or any linked sites.
Links to external websites are inserted for convenience and do not constitute endorsement of material within those sites, or any associated organisation, product or service. The owners of these external websites are solely responsible for the operation and information found on their sites. We recommend that users exercise their own skill and care in their use of this website and carefully evaluate the accuracy, currency, completeness and relevance of the material for their purposes.
Native title, rights and interests. What is native title? History of the Native Title Act For an interactive timeline please click here. Charles Passi talks about the importance of the Mabo case in the following video. What are native title rights? Where can native title be claimed? Native title may be claimed in areas such as vacant or unallocated Crown land parks and public reserves beaches some leases such as non-exclusive pastoral leases land held by government agencies some land held for Aboriginal and Torres Strait Islander communities and oceans, seas, reefs, lakes, rivers, creeks and other waters that are not privately owned.
The source of native title rights and interests is the system of traditional laws and customs of the native title holders themselves. The native title rights and interests held by Aboriginal and Torres Strait Islander people will depend on both their traditional laws and customs, what has occurred historically on their land and what interests are now held by others in the area concerned. Generally speaking, native title must give way to the rights held by others.
Native title and associated rights can co-exist with some forms of title such as pastoral leases and Crown land, but can be extinguished by others, including freehold title. Refer to the National Native Title Tribunal website for more information.
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