Outcomes to date

3.15       The Native Title Act has been in force since 1 January 1994. On 1 April 2015 there had been 308 native title determinations. Of these, 234 were by consent, 38 were litigated, and 36 were unopposed.[17] There have been 100 determinations that native title exists in the entire determination area, 147 determinations that native title exists in part of the determination area, and 60 determinations that native title does not exist in the determination area.[18] The 60 determinations that native title does not exist include 36 unopposed determinations. There have been only 15 determinations that native title does not exist made in response to a claimant application.

3.16       Map 1, Native Title in Australia, and Table 1 show the area of Australia subject to determinations of native title and registered claims for native title on 30 June 2014.[19] Professor Jon Altman reports that a further 13% of Australia is land granted under land rights legislation—see Map 2, Land Rights and Native Title in Australia, and Table 2.[20]

Map 1: Native Title in Australia, December 2014

Map of Australia displaying data in Table 1.

Table 1

Jurisdiction

Area subject to a determination (sq km)

Land subject to an application

Native title exists, exclusive

Native title exists, non-exclusive

Native title does not exist

Area

(sq km) subject to application

Percent of jurisdiction land area

ACT

Cth

0.1

20 794.7

14 300.1

NSW

0.1

1 794.3

868.7

373 113

46.6

NT

1 040.3

200 674.5

964.7

201 520

15.0

Qld

34 715.8

342 02 4.0

12 090.1

718,542

41.5

SA

5 901.3

467 728.5

20915.6

189 155

19.2

Tas

Vic

 

15 164.7

11 023.9

24 269

10.7

WA

800 402.5

320 832.9

55 410.2

1 084 815

42.9

Total

 

 

 

2 591 414

33.7

Map 2: Land Rights and Native Title, June 2013

Map of Australia, illustrating data in Table 2, below.

Table 2

Tenure

         Area (1000 sq km)

% of Australian landmass

Land rights or Aboriginal reserve

969

12.6

Exclusive possession native title

752

9.8

Non-exclusive possession native title

825

10.7

Registered claims (excluding claims over land rights lands or Aboriginal reserves)

3014

39.2

Applications, past and present

3.17       There have been 2114 native title applications made between 1 January 1994 and 1 April 2015. More than half of those (1155) were dismissed, discontinued or struck out.[21]

3.18       On 1 April 2015, there were 398 native title applications lodged with the Federal Court: 374 claimant applications, 19 non-claimant applications and five compensation applications. There are 273 registered applications. It is expected that many compensation applications will be filed in the future.[22]