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Native Title Act 1993
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Native Title Act 1993
The Native Title Act 1993 (Cth) is an act of the Australian Parliament, the purpose of which is "to provide a national system for the recognition and protection of native title and for its co-existence with the national land management system". The Act was passed by the Keating government following the High Court's decision in Mabo v Queensland (No 2) (1992). The Act commenced operation on 1 January 1994.
This legislation aimed to codify the Mabo decision and implemented strategies to facilitate the process of recognising native title in Australia. The Act also established the National Native Title Tribunal, to register, hear and determine native title claims. According to the Australian Government:
The Native Title Act 1993 establishes a framework for the protection and recognition of native title. The Australian legal system recognises native title where:
The Native Title Act sets up processes to determine where native title exists, how future activity impacting upon native title may be undertaken, and to provide compensation where native title is impaired or extinguished. The Act gives Indigenous Australians who hold native title rights and interests—or who have made a native title claim—the right to be consulted and, in some cases, to participate in decisions about activities proposed to be undertaken on the land. Indigenous Australians have been able to negotiate benefits for their communities, including in relation to employment opportunities and heritage protection.
The Act also establishes a framework for the recognition and operation of representative bodies that provide services to native title claimants and native title holders. The Australian Government provides significant funding to resolve native title issues in accordance with the Act, including to native title representative bodies, the National Native Title Tribunal and the Federal Court of Australia.
Under the Act, the Aboriginal and Torres Strait Islander Social Justice Commissioner was required to prepare an annual report to the Attorney-General of Australia on the operation of the Act and its effect on the exercise and enjoyment of human rights of Aboriginal and Torres Strait Islander peoples; and report, when requested by the Attorney-General, on any other matter relating to the rights of Indigenous people under the Act.
The objectives of the Commissioner were to provide and promote a human rights perspective on native title; to assist in developing more efficient native title processes; and to advocate for the co-existence between Indigenous and non-Indigenous interests in land based on compatible land use. All of the reports from 1994 to 2016 have been published online; since 2013, the Native Title and Social Justice Reports have been combined and published as one report.
Changes brought about by the Human Rights Legislation Amendment Act 2017 removed the statutory obligation for an annual Social Justice and Native Title Report such as those produced up to and including 2016; however, the Commissioner continues to produce reports at the culmination of key projects.
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Native Title Act 1993
The Native Title Act 1993 (Cth) is an act of the Australian Parliament, the purpose of which is "to provide a national system for the recognition and protection of native title and for its co-existence with the national land management system". The Act was passed by the Keating government following the High Court's decision in Mabo v Queensland (No 2) (1992). The Act commenced operation on 1 January 1994.
This legislation aimed to codify the Mabo decision and implemented strategies to facilitate the process of recognising native title in Australia. The Act also established the National Native Title Tribunal, to register, hear and determine native title claims. According to the Australian Government:
The Native Title Act 1993 establishes a framework for the protection and recognition of native title. The Australian legal system recognises native title where:
The Native Title Act sets up processes to determine where native title exists, how future activity impacting upon native title may be undertaken, and to provide compensation where native title is impaired or extinguished. The Act gives Indigenous Australians who hold native title rights and interests—or who have made a native title claim—the right to be consulted and, in some cases, to participate in decisions about activities proposed to be undertaken on the land. Indigenous Australians have been able to negotiate benefits for their communities, including in relation to employment opportunities and heritage protection.
The Act also establishes a framework for the recognition and operation of representative bodies that provide services to native title claimants and native title holders. The Australian Government provides significant funding to resolve native title issues in accordance with the Act, including to native title representative bodies, the National Native Title Tribunal and the Federal Court of Australia.
Under the Act, the Aboriginal and Torres Strait Islander Social Justice Commissioner was required to prepare an annual report to the Attorney-General of Australia on the operation of the Act and its effect on the exercise and enjoyment of human rights of Aboriginal and Torres Strait Islander peoples; and report, when requested by the Attorney-General, on any other matter relating to the rights of Indigenous people under the Act.
The objectives of the Commissioner were to provide and promote a human rights perspective on native title; to assist in developing more efficient native title processes; and to advocate for the co-existence between Indigenous and non-Indigenous interests in land based on compatible land use. All of the reports from 1994 to 2016 have been published online; since 2013, the Native Title and Social Justice Reports have been combined and published as one report.
Changes brought about by the Human Rights Legislation Amendment Act 2017 removed the statutory obligation for an annual Social Justice and Native Title Report such as those produced up to and including 2016; however, the Commissioner continues to produce reports at the culmination of key projects.
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