Can native title be extinguished?

Native title can be extinguished by the granting of freehold land, the issuing of Crown leases and the construction or establishment of public works. Native Title cannot take away anyone else’s valid rights, including owning a home, holding a pastoral lease or having a mining lease.

Can native title extinguish radical title?

Native title survived the Crown’s acquisition of sovereignty and radical title. The acquisition of sovereignty exposed native title to extinguishment by a valid exercise of sovereign power inconsistent with the continued right to enjoy native title.

How much of Australia is under native title?

At 30 September 2015, native title has been recognised over approximately 2,469,647 km2 or about 32% of the Australian land mass. Native title rights and interests differ from statutory land rights in that the source of statutory land rights is a grant of title from government.

What does native title allow?

Native title may include rights and interests to: Live on the area and erect shelters and structures. Access the area for traditional purposes, like camping or for ceremonies. Visit and protect important places and sites hunt, fish and gather food or traditional resources like bush medicines, water, ochre and wood.

What is extinguished native title?

Extinguishment or partial extinguishment of native title (NTA s 237A) means that native title holders are no longer able to fully exercise their traditional rights in an area. Limited native title rights can coexist and be recognised alongside other rights in land held under pastoral lease.

How is native title lost?

Native title was to be replaced by ‘traditional land use’ statutory access rights. Both the WA and Commonwealth Acts were challenged in the High Court.

What does extinguish native title mean?

‘Extinguish’ means to permanently not recognise native title rights and interest in an area (s. 237A Native Title Act). Except in very limited circumstances, there is no possibility for extinguished rights to be recognised after extinguishment occurs, even if the extinguishing act ceases to have effect.

What’s the difference between native title and land rights?

Land rights are about social justice and recognition that life has been irrevocably disrupted by colonisation, the violence enacted upon Aboriginal people by the state. Native title, in effect, says that Aboriginal people have retained connections, lores and customs related to place.