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How is native title extinguished or lost?

We hold native title over a property on which we practise the traditional customs of our ancestors. I want to know how could our native title be extinguished or lost?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 13-11-2015
1 Lawyer Answered
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  1. Native Title
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Cressey Wallwork, Swanbourne 6010 WA

  • Extinguishment is the loss of some or all native title rights and interests.
  • Native title is extinguished by the grant of inconsistent interests in the land.
  • Once native title is extinguished it usually cannot be revived.
  • Total extinguishment takes away all native title rights and interests while partial extinguishment only takes away some native title rights and interests.

 

Answer by Michelle Whitehead, Camden 2570 NSW

  • If your native title has been recognised by the National Native Title Tribunal or the Federal Court then it can only be extinguished by:
    • the government acquiring the property; or
    • in some circumstances if you stop observing your traditional laws and customs on the land.
  • If the government wishes to acquire the property then you should be paid compensation for the loss of your native title rights.

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