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What sort of evidence do I need to establish a native title claim?

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.
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 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.

 

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