Editing Native title in Australia (section)

==Definitions: Native title/land rights==
According to the Attorney-General's Department:<ref name=agddef>{{cite web | title=Native title | website=Attorney-General's Department|publisher=Commonwealth of Australia |date=2019 | url=https://www.ag.gov.au/legal-system/native-title | access-date=21 July 2020}}  [[File:CC-BY icon.svg|50px]] Text was copied from this source, which is available under an [https://creativecommons.org/licenses/by/4.0 Attribution 4.0 International  (CC BY 4.0)] licence (as per [https://www.ag.gov.au/copyright this page]).</ref>{{blockquote|There are fundamental differences between [[land law|land rights]] and [[Aboriginal title|native title]]. Land rights are rights created by the [[Australian Government|Australian]], [[states and territories of Australia|state or territory]] governments. Land rights usually consist of a grant of [[freehold (law)|freehold]] or [[Leasehold estate#Leasehold land|perpetual lease]] title to [[Indigenous Australians]]. By contrast, native title arises as a result of the recognition, under Australian common law, of pre-existing Indigenous rights and interests according to [[Indigenous Australian customary law|traditional laws and customs]]. Native title is not a grant or right created by governments.}}

The ''[[Aboriginal Land Rights Act 1976]]'' (see below) covers the granting of land to Aboriginal Land Trusts; setting up [[land council|Aboriginal land councils]]; mineral rights; decision-making processes for dealing with land; dealing with income from land use agreements; and negotiations about leases for development on Aboriginal land. The ''Native Title Act 1993'' (NTA) gives recognition that "Aboriginal and Torres Strait Islander people have rights to land, water and sea, including [[possession (law)|exclusive possession]] in some cases, but does not provide ownership". It allows for negotiations over land, but does not provide for a [[veto]] over development, and nor does it grant land, as the ''Aboriginal Land Rights Act'' (ALRA) does.<ref name=nlc>{{cite web | title=Our governing laws | website=Northern Land Council | url=https://www.nlc.org.au/about-us/our-governing-laws | access-date=31 July 2020}}</ref>

===Native title definitions===
National Native Title Tribunal definition:<ref name="gloss">{{cite web | title=Glossary | website=National Native Title Tribunal|publisher= Commonwealth of Australia|date= 2017 | url=http://www.nntt.gov.au/Pages/Glossary.aspx | access-date=21 July 2020}} [[File:CC-BY icon.svg|50px]] Text was copied from this source, which is available under a [https://creativecommons.org/licenses/by/4.0 Attribution 4.0 International  (CC BY 4.0)] licence (as per [http://www.nntt.gov.au/Pages/Copyright.aspx this page]).</ref>{{blockquote|[Native title is] the communal, group or individual rights and interests of Aboriginal people and Torres Strait Islander people in relation to land and waters, possessed under traditional law and custom, by which those people have a connection with an area which is recognised under [[Australian legal system|Australian law]] (s 223 NTA).}}

Commonwealth Government's indigenous.gov.au website:<ref name=iga>{{cite web|url=https://www.indigenous.gov.au/teaching-guides/curricula-project/curricula-project-glossary|website=indigenous.gov.au|publisher=Australian Government| title=Curricula Project Glossary|access-date=30 July 2020}}</ref>{{blockquote|Native title is the recognition in Australian law, under [[common law]] and the ''Native Title Act 1993'' (Cth), of Indigenous Australians' rights and interests in land and waters according to their own traditional laws and customs.}}

Native title has also been described as a "bundle of rights" in land, which may include such rights as camping, performing [[Australian Aboriginal culture#Ceremonies and sacred objects|ceremony]], etc. If native title is granted, specific rights are decided on a case-by-case basis, and may only sometimes includes freehold title.<ref name=pbc>{{cite web | website=PBC | title=Native title, rights and interests | date=1 January 1994 | url=https://nativetitle.org.au/learn/native-title-and-pbcs/native-title-rights-and-interests | access-date=30 July 2020}}</ref>