The Australian legal system does not recognise Native Title rights in areas where things have been done to extinguish Native Title.
Extinguishment occurs by valid government acts that are inconsistent with native title title rights and interests.
Areas where Native Title is extinguished include:
- Privately owned land (including family homes and privately owned freehold farms)
- Land covered by residential, commercial and certain other leases
- Some crown reserves vested in bodies such as a local government or statutory authority
- Areas where governments have built roads, schools and undertaken other public works