M2 - Learner Manual

Native title is not the same as land rights. Land rights are granted through legislation, which grants the land title of the land to a community, to be passed on to future generations of Aboriginal people. Native title is the recognition of rights to access, based on the traditional laws and customs that existed before colonial occupation. Unlike land rights, native title rights are not granted by government (granted by the federal; court) so cannot be withheld or withdrawn by Parliament or the Crown, although native title can be extinguished by an Act of Parliament.

A land rights grant may cover traditional land, an Aboriginal reserve, an Aboriginal mission or cemetery, Crown land or a national park. Native title only covers land on which a traditional relationship continues to exist.

Understand that Native title cannot be recognised on land, which is fully owned by someone else. It can only be recognised in areas like vacant land, owned by the government (this is called 'Crown land').

Land Rights are important as this speaks to cultural, social and civil rights and people’s direct links to country and culture. It is therefore, vitally important to cultural survival as it sits at the heart of people maintaining land - maintaining culture.