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.
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👉 Native Title Act 1993 in the context of Native title in Australia
Native title is the set of rights, recognised by Australian law, held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title rights were first recognised as a part of Australian common law with the decision of Mabo v Queensland (No 2) in 1992. The Native Title Act 1993 subsequently set out the processes for determining native title.
The Court's determination of native title recognises that a continued beneficial legal interest in land held by an Indigenous claim group over identified land survived the Crown's acquisition of radical title and sovereignty. Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title rights over the same land.
In this Dossier
Native Title Act 1993 in the context of Eddie Mabo
Edward Koiki Mabo (/mɑːboʊ/ MAH-bo; né Sambo) (29 June 1936 – 21 January 1992) was an Indigenous Australian man from the Torres Strait Islands known for his role in campaigning for Indigenous land rights in Australia, in particular the landmark decision of the High Court of Australia that recognised that indigenous rights to land had continued after the British Crown acquired sovereignty and that the international law doctrine of terra nullius was not applicable to Australian domestic law. High court judges considering the case Mabo v Queensland (No 2) found in favour of Mabo, which led to the Native Title Act 1993 and established native title in Australia, officially recognising the rights of Aboriginal and Torres Strait Islander people in Australia.
Native Title Act 1993 in the context of Aboriginal and Torres Strait Islander Heritage Protection Act 1984
The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth), is an Act passed by the Parliament of the Commonwealth of Australia to enable the Commonwealth Government to intervene and, where necessary, preserve and protect areas and objects of particular significance to Australia's Aboriginal or Torres Strait Islander peoples from being desecrated or injured.
The Act has been considered ineffective to the legislation's purpose, as seen in court decisions and the minimal amendments and recommendations implemented. The minimal updates to the Act are dissimilar to the significant changes that have been made to other heritage protection acts such as the Native Title Act 1993 and the Environment Protection and Biodiversity Conservation Act 1999.