Native Title was first recognised in the Australian legal system in 1992 by the High Court of Australia in the historic Mabo decision. The principles of the Mabo decision were then consolidated by the Federal Government of Australia in the Native Title Act of 1993. See the complete Act. For the general reader, we recommend that you read the Preamble to the Act.

Native Title can exist where traditional connection to land and waters has been maintained and where Government acts have not removed it. It may include possession, occupation, use and enjoyment of traditional country. It may include the right of access to an area of land or the right to participate in decisions concerning how the land or waters is used by other people. Any Native Title rights and interests are subject to other existing rights (e.g. freehold or leases), and those other rights take precedence over native title rights. For this reason native title rights will vary according to the rights of other people in the area claimed.

Native Title cannot be bought or sold. It can be transferred by traditional law or custom, or surrendered to government, which can then pay compensation to the Native Title holders in the same way as it does when acquiring rights to other property.

The Native Title of a particular group will depend on the traditional laws and customs of those people. If people are successful in a Native Title claim they may have a right to continue to exercise their laws and customs over traditional lands and waters whilst respecting other Australian laws. Rights could include visiting to protect important places, making decisions about future use of the land or waters, hunting, gathering and collecting bush foods.

The manner in which Native Title is recognised will depend on what is claimed in a Native Title claim and what is negotiated between all of the people and organisations with an interest in the area claimed.