What does a determination look like?

A determination of native title takes the form of an order of the Federal Court declaring whether native title exists in relation to a particular area of land or waters, (which becomes known as the 'determination area' (s225)). If native title does exist the Court must determine:
(a)Who holds native title
(b)The nature and extent of native title rights and interests
(c)The nature and extent of any other interests in relation to the area
(d)The relationship between those rights and interests
(e)And whether native title rights and interests confer exclusive possession, occupation, use and enjoyment

Keywords: determinations, Federal Court of Australia, native title claim, 1993

Author: Strelein, Lisa