What is native title?

• Native title is a bundle of rights over and interests in a particular parcel of land. For further information see our Native Title topic.
• Typically native title claimants will lodge an application for recognition of particular land rights and interests. Once this happens they will have certain procedural rights under the Native Title Act 1993 (Cth).
• Native title rights and interests might include the right to:
  • be present on the area by:
    • accessing;
    • traversing; and
    • camping;
    • hunting; and
    • fishing;
  • conduct ceremonies on the area; and
  • use the water for personal, domestic and non-commercial communal purposes.
• Resource companies can often underestimate the requirements and timeframes involved to ensure native title compliance as these are very complex. Legal advice should be sought in the early stages of project planning. You can use our Phone a Lawyer service for a preliminary legal consultation if you think you may need legal advice.