What was the Native Title Act?

The Native Title Act 1993 is the federal law passed by the Keating Labor government to codify the principles of the High Court's 1992 Mabo decision and to establish a national framework for recognising and managing native title in Australia. The Act came into force on 1 January 1994 and remains the central legislative framework for native title across the country.

The Act has several main purposes. It recognises and protects native title, providing for native title to be determined by the courts. It validates various pre-1994 extinguishments and dealings that might otherwise have been vulnerable to legal challenge under the Mabo principles. It establishes the right to negotiate with developers proposing to develop native title land for mining and other major projects. It creates Indigenous Land Use Agreements (ILUAs) as a voluntary mechanism for Indigenous and non-Indigenous land users to negotiate co-existing arrangements. It provides for compensation in certain circumstances where native title is extinguished or impaired.

Several institutions deliver the Act. The National Native Title Tribunal, established by the Act and based in Perth with offices in Brisbane, Sydney, Adelaide, Melbourne, Cairns, and Darwin, mediates claims, administers the right to negotiate, and maintains the public register of native title determinations and ILUAs. The Federal Court of Australia hears contested native title claims. Native Title Representative Bodies (NTRBs), established in each state and territory, support Aboriginal and Torres Strait Islander groups making native title claims. The Indigenous Land and Sea Corporation, also established by the 1995 amendments, supports Indigenous land acquisition.

The Act has been substantially amended over time. The Howard Coalition government's Native Title Amendment Act 1998 (the so-called Ten Point Plan) adjusted the framework following the 1996 Wik decision, restricting the right to negotiate, allowing states to upgrade some pastoral leases to freehold, and validating various pre-1994 extinguishments. Subsequent amendments have addressed specific procedural and substantive issues. About 50 per cent of Australia is now subject to determined or claimed native title interests under the Act, with more than 600 native title determinations made. The majority of determinations have been consent determinations (agreed between the parties) rather than contested. Indigenous Land Use Agreements now cover substantial areas of Australia and allow Indigenous and non-Indigenous land users to negotiate co-existing arrangements covering matters from cultural heritage protection to mining royalties to joint management of national parks. The Act continues to evolve, with the Coalition of Aboriginal and Torres Strait Islander Peak Organisations and the federal government negotiating ongoing reforms to address delays, complexity, and gaps in the current framework.