Glossary of terms
- Aboriginal and Torres Strait Islander deeds of grant in trust (DOGITs)
- A freehold grant held in trust (a form of land tenure) under the Land Act 1962 for the benefit of the Aboriginal or Islander inhabitants or for Aboriginal or Torres Strait Islander purposes under the Land Act 1994. These are sometimes called ATSI DOGITs.
- Examples—Woorabinda, Saibai Island
- There are restrictions on DOGIT land that aren't on ordinary freehold (e.g. the land is 'inalienable', that is, it cannot be sold, but the trustee can lease areas, e. g. for a business).
- Aboriginal or Torres Strait Islander freehold
- A grant of freehold (a form of land tenure) under the Aboriginal Land Act 1991 or Torres Strait Islander Land Act 1991 held by a land trust for the benefit of Aboriginal people, Torres Strait Islander people or a specific group of Aboriginal people or Torres Strait Islanders and their ancestors and descendants.
- Examples—Lockhart River Mangkuma Land Trust land, Tudu and Gabba Islands
- The same restrictions apply to this land as to DOGIT land.
- Aboriginal or Torres Strait Islander reserve
- A form of land tenure where land is dedicated under the Land Act 1994, or previous land legislation, for Aboriginal purposes, as an Aboriginal reserve, for the benefit of Aboriginal inhabitants, for Torres Strait Islander purposes, or the benefit of Islander inhabitants.
- Example—Daintree Aboriginal Reserve
- ALA
- Aboriginal Land Act 1991
- ALA review
- The department is currently reviewing the Aboriginal Land Act 1991 to better align it with State Indigenous policies and the Commonwealth Native Title Act 1993, and to improve its administrative efficiency.
- Determination
- A determination of native title is a decision made either by the Federal Court or the High Court of Australia as to whether or not native title exists over a particular area of land and/or waters.
- A determination identifies the native title rights and interests, the holders of those rights and interests, and the land and waters to which the rights and interests relate.
- Extinguishment
- Native title can be extinguished only in accordance with the Commonwealth Native Title Act 1993 (NTA).
- Extinguishment is permanent, and native title rights and interests cannot be revived, even if the act that caused the extinguishment ceases (e.g. construction and later removal of a valid public work).
- Subject to a number of specific preconditions such as the timing of the claim, the tenure status of the land and whether the land was ‘occupied' when the claim was made, the NTA provides for some exceptions to this rule allowing certain extinguishment to be ignored so that native title can be recognised.
- As native title is a bundle of rights, some inconsistent actions extinguish all native title and some extinguish only some native title rights and interests.
- Freehold (ordinary)
- A form of land tenure giving the title holder:
- the right of exclusive possession, (i.e. the ability to exclude others from their land)
- unrestricted rights to sell the land; (however, planning laws may restrict land use).
- Future acts
- Actions such as granting an interest, conducting an activity, or carrying out development on land or waters that interferes with the enjoyment or exercise of native title.
- Some future acts extinguish native title, while others suppress it (the non-extinguishment principle) as set out in the Commonwealth Native Title Act 1993.
- Future acts include:
- registering a trustee lease
- granting a trustee permit
- constructing a community hall or public housing.
- Grant
- The action done under legislation that provides a person with an interest in the land or waters. For example, the grant of freehold by the Governor under the Land Act 1994.
- Grantees
- Persons to whom Aboriginal or Torres Strait Islander freehold is granted under the Aboriginal Land Act 1991 and the Torres Strait Islander Land Act 1991, after consultation with the people particularly concerned with the land. The grantees are also the trustees of the land, and become the members of the land trust who hold it for the benefit of Aboriginal people or Torres Strait Islanders and their ancestors and descendants.
- Grant in trust
- A land tenure granted 'in trust' is held by one person/s or body for the benefit of another or others.
- For example, an Aboriginal deed of grant in trust is granted to an Aboriginal Shire Council, not for the benefit of the council, but for the benefit of the Aboriginal inhabitants of that community. These may include native title holders, traditional owners and historical owners.
- Indigenous land use agreement (ILUA)
- A voluntary agreement about the use and management of an area of land or waters made between one or more native title parties, and others such as the State, a developer or a mining company. For example, the native title holders could use an ILUA to give their consent for works the relevant council needed to carry out (e.g. development of a new dam).
- Once it has been registered by the National Native Title Tribunal, an ILUA is legally binding on the parties to the agreement, and all native title holders (and their successors) for that area.
- Indigenous cultural heritage
- In Queensland, all significant Aboriginal and Torres Strait Islander cultural heritage is protected under the Aboriginal Cultural Heritage Act 2003 and Torres Strait Islander Cultural Heritage Act 2003.
- The Acts require anyone who carries out an activity to exercise a duty of care, (i.e. they must take all reasonable and practicable measures to ensure their activity does not harm Indigenous cultural heritage). Penalties apply for causing unauthorised harm.
- Land tenure
- The term commonly used to describe different interests in the land (e.g. freehold, leases, reserves). Each includes different rights, responsibilities and restrictions.
- Native title is not a land tenure.
- Land trust
- Grantees of Aboriginal or Torres Strait Islander freehold under the Aboriginal Land Act 1991 and Torres Strait Islander Land Act 1991, automatically become the members of a land trust that is formed when the freehold is granted. The land trust is a body corporate, and becomes the trustee/owner of the land.
- Example—Kaurareg Aboriginal Land Trust for Horn Island
- Lease
- A form of land tenure (e.g. pastoral holding, trustee lease, perpetual lease, sub-lease of a Shire lease). A lease can be for a specific term (e.g. 30 years) or have no term (i.e. perpetual).
- Example—The grant of a trustee lease on an Aboriginal Deed of Grant in Trust to Queensland Health to construct a health centre.
- Mabo No.2
- The landmark 1992 Australian High Court case which overturned the concept of terra nullius (land belonging by no-one) at the time of British colonisation in 1788, and recognised the existence of native title.
- National Native Title Tribunal (NNTT)
- The NNTT is the independent body established under the NTA to assist people in processes under the NTA.
- NTA
- The Commonwealth Native Title Act 1993, which the Commonwealth passed in response to the Mabo No. 2 decision to provide for the recognition and protection of native title.
- Native title
- The communal, group or individual rights and interests of Aboriginal peoples and Torres Strait Islanders based in traditional laws and customs and through which they have a connection with the land or waters.
- Native title cannot be sold and can be surrendered only to the Crown (the State).
- Native title claimant application (or native title claim)
- An application for the legal recognition of native title over a particular area of land and waters—any such claim must be filed in the Federal Court of Australia.
- Native title holder
- The person or persons who hold native title. Where native title has been determined, the registered native title body corporate becomes the native title holder, holding the title in trust.
- Native Title Representative Body (NTRB)
- A regional organisation appointed by the Commonwealth minister responsible for the NTA, to represent Indigenous Australians in native title issues in a particular region.
- NTRBs provide native title services to persons who hold or may hold native title in their area or part of their area, and registered native title bodies corporate who represent those native title holders.
- Examples—Cape York Land Council, Torres Strait Regional Authority.
- Non-extinguishment principle
- As set out in the NTA, a future act does not extinguish native title in most cases, but suppresses it while the future act exists. This means that during that time, native title rights and interests that are inconsistent with the future act cannot be exercised or enjoyed. However, they take full effect again once the future act ceases to exist.
- Example—the construction of a road under section 24KA of the NTA suppresses the exercise and enjoyment of native title over the road area while the road is in existence.
- People particularly concerned with the land
- Under the Aboriginal Land Act 1991 and Torres Strait Islander Land Act 1991, the people particularly concerned with the land must be consulted before Aboriginal or Torres Strait Islander freehold is granted.
- An Aborigine or Torres Strait Islander is particularly concerned with the land if they:
- have a particular connection with the land under Aboriginal tradition or Island custom
- live on or use the land or neighbouring land; or
- are members of a group that has a particular connection with the land under Aboriginal tradition or Island custom.
- Prescribed body corporate (PBC)
- A body established under the NTA to represent native title holders who have a determination of native title as a group, and to manage their native title rights and interests.
- The PBC is registered on the National Native Title Register and becomes a registered native title body corporate (RNTBC). In some cases, it will hold the determined native title on trust (in which case it becomes the native title holder) or will act as agent for the native title holders.
- Registration test
- A set of conditions under the Commonwealth Native Title Act 1993 (NTA) that is applied to applications for a native title deterimination. Applications which meet all the conditions are included in the Register of Native Title Claims. The registered native title claimants are then entitled to certain procedural rights under the NTA for carrying out future acts.
- Register of native title claims
- A register maintained by the National Native Title Tribunal, which records information (the name of the parties, the address for service) relating to native title claims that pass the registration test.
- Registration of a tenure
- As the legal interest (tenure) in the land is not created, in many cases, until it is registered in a government land register, the rights in the land are not created when the tenure is granted but when it is registered.
- For example, though the trustee of a Deed of Grant in Trust may grant a trustee lease to a particular individual, that person does not, in fact, have a lease, until it is registered.
- Registered native title body corporate (RNTBC)
- See 'Prescribed body corporate'.
- Registered native title claimants (RNTC)
- Native title claimants who have met the conditions of the registration test under the Commonwealth Native Title Act 1993.
- Reserve
- A form of land tenure—land dedicated for a particular purpose (e.g. recreation, Aboriginal, Torres Strait Islander, health, school, quarry, departmental and official) under the Land Act 1994 or previous land legislation.
- Shire leases
- A form of land tenure referring to the Aurukun and Mornington Island Shire leases which were created under specific legislation—the Local Government (Aboriginal Lands) Act 1978.
- Transferable land
- Land that may be transferred under either the Aboriginal Land Act 1991 or Torres Strait Islander Land Act 1991. This includes:
- Aboriginal or Torres Strait Islander deed of grant in trust land (including certain land within the external boundaries, eg. Land Act reserve land)
- Aboriginal or Torres Strait Islander reserves
- Aurukun Shire lease land
- Mornington Shire lease land
- available State land declared by regulation to be transferable land.
- Trustee
- A person appointed by the minister as trustee of a reserve, deed of grant in trust or Aboriginal or Torres Strait Islander freehold grant. A trustee must manage the land in accordance with their appointment and the purpose for which the land has been granted in trust.
- Example—a trustee of an Aboriginal deed of grant in trust must make decisions about the land that are for the benefit of the Aboriginal inhabitants.
- Trustee lease
- A lease granted by the trustee over all or part of the land subject to the land tenure.
- Trustee licence
- A licence granted by the trustee over all or part of Aboriginal/Torres Strait Islander freehold.
- Trustee permit
- A permit granted by the trustee over all or part of the land subject to the land tenure—cannot be granted over Aboriginal or Torres Strait Islander freehold.
- TSILA
- Torres Strait Islander Land Act 1991
- USL
- Unallocated State land; previously referred to as vacant Crown land.
Last updated: 10 March 2009