I want to bring a claim of native title on land that forms part of natural reserve. I am not sure what sort of evidence is required for the determination process.
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Answer by Neha Sharma, Hillsdale 2036 NSW
- A lot of evidence is required to satisfy a native title claim and hiring a specialist lawyer is strongly recommended.
- Generally you will need to:
- establish a lineal link to the original inhabitants or users of the land; and
- prove that you have maintained a connection to the land and used the land according to your traditions and customs.
- Proving a connection usually includes:
- maintaining sites of significance;
- following past rituals and traditions;
- following customs;
- following community laws; and
- continuing the language.
- Proving native title is not easy and requires evidence. The preparation of a report from an expert anthropologist is also highly recommended.