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.
