NATIVE TITLE ACT 1994 - LONG TITLE

NATIVE TITLE ACT 1994 - LONG TITLE

An Act relating to native title

Preamble

1 Before European settlement, land in Australia had been occupied, used and enjoyed since time immemorial by Aboriginal peoples and Torres Strait Islanders in accordance with their traditions.

2 Land is of spiritual, social, historical, cultural and economic importance to Aboriginal peoples and Torres Strait Islanders. In the Australian Capital Territory, there are sites that provide evidence of their use by various groups of Aboriginal peoples at different times for a variety of purposes.

3 Since European settlement, many Aboriginal peoples and Torres Strait Islanders have been dispossessed and dispersed.

4 However, some Aboriginal peoples and Torres Strait Islanders have maintained their ancestors' traditional, customary or historical affiliation with particular areas.

5 In the Native Title Decision ((1992) 175 C.L.R. 1), the High Court—

(a) rejected the doctrine that Australia was terra nullius (land belonging to no-one) at the time of European settlement; and

(b) held that the common law of Australia recognises a form of native title that reflects the entitlement of the indigenous inhabitants of Australia, in accordance with their laws and customs, to their traditional lands; and

(c) held that native title rights may be extinguished by valid government acts that are inconsistent with the continued existence of those rights, such as the grant of freehold or leasehold estates.

6 The Native Title Act 1993

(Cwlth) provides a national scheme with the following objects:

(a) to provide for the recognition and protection of native title;

(b) to establish ways in which future dealings affecting native title may proceed, and to set standards for those dealings;

(c) to establish a mechanism for determining claims to native title;

(d) to provide for, or permit, the validation of past acts invalidated because of the existence of native title.

7 The Legislative Assembly intends the Australian Capital Territory to participate in the national scheme enacted by the Commonwealth Parliament.

8 The Legislative Assembly for the Australian Capital Territory therefore enacts as follows: