• A determination of native title is a decision by the Federal Court about whether native title exists in relation to a defined area of land or water.
• If the court determines native title exists it will also make decisions about:
  • the people who are entitled to enjoy the native title rights and interests;
  • the nature and extent of the native title rights and interests;
  • the relationship between the native title rights and interests and other interests in the land or water; and
  • whether native title rights and interests are to the exclusion of all others.
• An application for compensation can be made by filing a Form 4 Native Title Determination Application with the Federal Court: http://www.fedcourt.gov.au/forms-and-fees/forms/native-title-regulations.

·         Completed forms need be filed with the Federal Court. This can be done:

§  electronically through the court’s eLodgment process;

§  in person;

§  by post; or

§  by fax.

• A compensation application can only be made by a native title holding group currently seeking to have their native title determined through a claimant application.