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?
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.