What is native title?
Native title describes the rights and interests of Aboriginal people and Torres Strait Islanders people under their traditional laws and customs.
In the 1992 Mabo decision, the High Court held that the common law of Australia recognised a form of native title to land. So, in 1993, the Commonwealth passed the Native Title Act to recognise and protect these rights and interests. Queensland and other states and territories then introduced their own laws to fit under the umbrella of the Commonwealth Act.
Since Mabo, a number of other decisions have developed the common law principles of native title. For example, the Wik decision held that the grant of a pastoral lease did not necessarily extinguish native title. In the Fejo decision, the High Court confirmed that freehold title completely extinguished native title. In 2002, the High Court in the Ward decision considered a number of fundamental issues concerning native title’s nature, scope and extent and the principles regarding its extinguishment.
Administration of native title
The department administers the Native Title (Queensland) Act 1993 which recognises and protects native title.
It also has primary responsibility for implementing the Commonwealth Native Title Act 1993 in Queensland.
See the Glossary of terms for explanations of concepts used in these Acts.
Last updated 19 September 2011