This is an NFSA Digital Learning resource. See all Digital Learning websites.
Native Title & Statutory Land Rights
More Information
Web video - requires <a href="http://www.apple.com/quicktime/download/">QuickTime</a> <br> <a href="#transcript">Transcript here</a>

Native title is unique because there is a fundamental difference between native title and other land rights.

This difference was identified in the High Court's Mabo judgment, which found that native title is not granted by the Crown, but has its source in a different legal system - the laws and customs of Indigenous peoples.

By contrast, "statutory land rights" are created by Australian government legislation.

And, although they recognise the rights of Indigenous peoples to own and control their traditional lands, it is government which determines the areas to be made available to claim, and the conditions under which a grant may be made.
Crown Land
Topic
 
colonisation, doctrine of tenure, indigenous Australians, International law, native title, New South Wales, sovereignty, terra nullius
Who Can Make An Application?
Topic
 
Federal Court of Australia, indigenous people, Mabo Case, Mabo judgement, Native Title Act (1993)
The Right To Negotiate
Topic
1999
native title, Native Title Act (1993), Native Title Amendment Bill, negotiation
Learning To Live With Native Title
Topic
 
Cowley, Camilla, De Crispegny, Robert Champion, mining, native title, Normandy Mining, pastoralism, reconciliation
Land rights legislation in Australia
Text
1976-
Aboriginal Land Rights Act (Northern Territory)(1976), Australian Court Case, Brennan, Justice Gerard, Cooper V Stuart, Kakadu National Park, land rights, Mabo v Queensland No.2, Milirrpum v Nabalco Pty Ltd, 1971 , native title, Northern Territory, Pitjantjatjara, recognition, reconciliation, resistance, South Australia, Uluru National Park
...I am a Yorta Yorta person...
Text
1995
land rights, Morgan, Monica, native title claim, recognition, Yorta Yorta
...Aboriginal people don't need books to know the law...
Text
1985
aboriginal law, coexistence, reconciliation, Uluru
Native Title & Sovereignty
Topic
 
indigenous people, native title, sovereignty
A Humanitarian Tradition
Topic
 
Australia, colonialism, Cook, Captain James, First Fleet, humanitarians, land rights, terra nullius
Pastoral Interest & Public Interest
Topic
1830-1848
coexistence, Grey, Earl, native title, New South Wales, pastoral industry, pastoral lease, Wik
Lake Tyers
Topic
1861-1970
Aboriginal Land Act 1970, Lake Tyers, land rights, missions, reserves, Victoria
The Gurindji Strike
Topic
1966-1975
Australian Labor Party, Communist Party of Australia, Gurindji, land rights, Lingiarri, Vincent, Northern Territory, pastoralism, resistance, strike, The Northern Territory Land Rights Act, trade unions, Vestey, Lord, Whitlam, Gough
The Aboriginal Land Fund Commission
Topic
1974
Aboriginal Land Fund Commission, Australian Labor Party, land rights, McMahon, William, Northern Territory, Whitlam, Gough
The Whitlam Government & Land Rights
Topic
1972-1975
Australian Labor Party, land rights, Whitlam, Gough
Northern Territory Land Rights Act
Topic
1975
Aboriginal Land Rights Act (Northern Territory)(1976), Australian Labor Party, Fraser, Malcolm, land rights, Northern Territory, Whitlam, Gough
The (Broken) Promise Of National Land Rights
Topic
1983-1985
Australian Labor Party, Hawke, Bob, land rights
Land Rights Stalled
Topic
1980s
land rights, Mabo judgement
The Limits Of Native Title
Topic
 
Common Law, native title