Native Title is the recognition in Australian law that Indigenous people have a system of law and ownership of their land that pre-dates European settlement.
Lodging a Native Title claim
The group claiming Native Title puts in an application with the Federal Court. This application is called a Native Title Determination Application.
The National Native Title Tribunal (NNTT) does a Registration Test to see if the applicants can have some rights to be consulted about activities or developments on the claim area while the application is being considered. For more information about the role of the National Native Title Tribunal, you can visit their website at www.nntt.gov.au .
The NNTT lets other people know about the application and invites them to become involved.
The NNTT organises meetings for mediation between the people who are affected by the Native Title application.
If everyone agrees, the Federal Court can decide whether or not Native Title exists without hearing further evidence. People can also make other kinds of agreement to suit their needs.
If agreement is not reached, everyone gives evidence to the Federal Court.
The Federal Court assesses the evidence and decides whether or not Native Title exists.