General Principles Of Native Title

Native title is a title recognised by the common law. It encompasses the rights and interests indigenous peoples hold over their country. It is a collective or communal right, because it belongs to "a people". And, it belongs not only to current native titleholders, but to past, and future generations.

In the Mabo case, the High Court was careful not to be prescriptive when considering exactly what native title rights and interests are. It emphasised that native title is unique and cannot be simply equated with freehold title or some other interest in land under Australian law. Rather, native title has its source in Aboriginal laws and customs. Therefore, it may differ from one group of indigenous people to another.