22.05.2015
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
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
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]
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[17]
National Native Title Tribunal, National Native Title Register. All of the unopposed determinations were non-claimant applications, and most of them were made by Aboriginal land councils in NSW where a finding of no native title is necessary for an Aboriginal land council to sell land: Aboriginal Land Rights Act 1983 (NSW) s 42.
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[18]
National Native Title Tribunal, National Native Title Register.
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[19]
Data is as at December 2014, provided by the National Native Title Tribunal and used with permission.
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[20]
Map 2 prepared by Jon Altman and Francis Markham: J Altman, Submission 27. Data in Table 2:Jon C Altman and Francis Markham, ‘Burgeoning Indigenous Land Ownership: Diverse Values and Strategic Potentialities’ in Sean Brennan et al (eds), Native Title from Mabo to Akiba: a Vehicle for Change and Empowerment? (Federation Press, forthcoming).
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[21]
National Native Title Tribunal, Register of Native Title Claims.
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[22]
AIATSIS, Submission 36; Northern Territory Government, Submission 31.