NSW Aboriginal Land Rights and Native Title in Australia
The Aboriginal Land Rights Act 1983 (NSW) and Native Title system are two separate legal frameworks that recognise Aboriginal Land Rights in Australia.
What is the difference?
Firstly, the Native Title system is a federal law empowered by the Native Title Act 1993 (Cth) and applies country-wide whereas, the Aboriginal Land Rights Act 1983 (NSW) only applies to certain Crown Land in New South Wales.
Features Overview
Law
Native Title
Native Title Act 1993 (Cth)
NSW Aboriginal Land Rights
Aboriginal Land Rights Act 1983 (NSW)
Decision-making body
Native Title
Native Title Tribunal and Federal Court of Australia
NSW Aboriginal Land Rights
NSW Aboriginal Land Council and the NSW Government
Who can claim?
Native Title
Traditional Owners who can prove continuous connection to land under their respective laws and customs.
NSW Aboriginal Land Rights
Local Aboriginal Land Councils (LALCs) on behalf of their respective Aboriginal communities in NSW.
Evidence/proof required
Native Title
Traditional Owners must prove an ongoing cultural and spiritual connection to the land and that any native title rights have not been extinguished.
NSW Aboriginal Land Rights
No need to prove cultural connection – land claims can be made over certain Crown lands that meet certain criteria such as not being lawfully used or not being needed for an essential public purpose.
Type of land recognised
Native Title
Can apply to any land where native title has not been extinguished (e.g. national parks, State forests – not privately owned land, other than land owned by LALCs).
NSW Aboriginal Land Rights
Only applies to certain unused Crown land in NSW.
Rights given
Native Title
Can include rights to access, hunt, fish, and sometimes control land use (however, this varies case-by-case).
NSW Aboriginal Land Rights
Grants freehold title, meaning a successful land claim is owned outright by the LALC and can be developed or leased as they see fit.
