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====Indigenous Australians—the Aboriginal and Torres Strait Islander peoples— have a unique affinity with the land. ‘Country’ is important to Indigenous culture, spirituality, history and, particularly in non-urban areas, economic empowerment." ====

Native title is the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs.
====The native title rights and interests held by particular Indigenous people will depend on both their traditional laws and customs and what interests are held by others in the area concerned. Generally speaking, native title must give way to the rights held by others. The capacity of Australian law to recognise the rights and interests held under traditional law and custom will also be a factor.====

Native title rights and interests may include rights to:
====In some cases, native title includes the right to possess and occupy an area to the exclusion of all others (often called ‘exclusive possession’). This includes the right to control access to, and use of, the area concerned. However, this right can only be recognised over certain parts of Australia, such as unallocated or vacant Crown land and some areas already held by, or for, Indigenous Australians.==== ====Native title rights and interests differ from Indigenous land rights in that the source of land rights is a grant of title from government. The source of native title rights and interests is the system of traditional laws and customs of the natQ1`ive title holders themselves.====
 * ====live on the area====
 * ====access the area for traditional purposes, like camping or to do ceremonies====
 * ====visit and protect important places and sites====
 * ====hunt, fish and gather food or traditional resources like water, wood and ochre====
 * ====teach law and custom on country.====

How to make a native title application
To make a native title application you need to fill out an [|application form]. Once the form has been completed you need to send it to the Court. You can do this by bringing it to the Court, or by [|posting or faxing] it or by [|sending it by the internet]. This is called 'filing'.

Federal Court
====The Federal Court of Australia is responsible for the management of all applications made under the Native Title Act for a determination of native title or for compensation for the loss or impairment of native title.====

The Court has wide powers to manage native title cases. It can:
> ====The Federal Court has granted native title rights to the First Peoples of the River Murray and Mallee Region.==== > ====It covers a 150-kilometre stretch of the river, made up of about 380 individual parcels of Crown land from Morgan to the Victorian border.==== > ====South Australia's Aboriginal Affairs Minister Paul Caica says the area is rich in Aboriginal heritage sites and the decision recognises the cultural attachment of the traditional owners to the land.==== > ====He also signed a land use agreement allowing the First Peoples to exercise their traditional rights.==== > ===="First Peoples are able to fish, hunt, to camp, conduct ceremonies, maintain their tradition in areas that are of particular significance to them," he said.==== > ===="It also provides the direct involvement of the First Peoples in managing areas of the Crown land."==== > ====Dorothy Turner says it is an important step forward for her people.==== > ===="It means a lot and gives us freedom to go and use the land now, do the ceremonies and cooking and go out camping and do dreamtime," she said.==== > ====Maxi Roberts, an Aboriginal man from the Riverland, says he too is pleased with the deal.==== > ===="I feel proud of what has been achieved here over 13 years," he said.==== > ====New reserves are being set up at Overland Corner and Lake Bonney as part of the agreement.==== > ====The claim is the sixth to be settled in South Australia by agreement rather than litigation.====
 * ====make directions about how the application is to be progressed decide whether or not the application should be referred to the National Native Title Tribunal for mediation====
 * ====determine who are the ‘parties’ to the application (the people involved in a case) adjourn the proceedings to allow time for the parties to negotiate make orders to ensure that native title applications which cover the same area are dealt in one proceeding====
 * ====strike out or dismiss an application, which brings the case to an end; set an application down for trial; make a determination recognising that native title does, or does not, exist; decide whether compensation for the loss or impairment of native title should be paid. A native title claim has been granted over a section of the Murray in South Australia.====

Native Title
======== ====Native title is a property right which reflects a relationship to land which is the very foundation of Indigenous religion, culture and well-being. The non-discriminatory protection of native title is a recognised human right.====

Under the Native Title Act 1993, the Aboriginal and Torres Strait Islander Social Justice Commissioner is required to:
====The objectives of the Commissioner are to provide and promote a human rights perspective on native title; assist in developing more efficient native title processes; and to advocate for the co-existence between Indigenous and non-Indigenous interests in land based on compatible land use.==== ====The Australian Government, along with many other nations, have acknowledged the importance of promoting and protecting human rights standards by ratifying international instruments including the //Universal Declaration of Human Rights//, the //International Covenant on Economic, Social and Cultural Rights//, the //International Covenant on Civil and Political Rights// and the //International Convention on the Elimination of All Forms of Racial Discrimination//.==== ====These instruments are relevant to native title because they protect property against arbitrary and discriminatory interference and acknowledge rights to freedom of religion and culture. It is the expectation of the international community that Australia will comply with these standards in its treatment of the rights of Indigenous peoples.==== .
 * ====prepare an annual report to the Attorney-General on the operation of the NTA and its effect on the exercise and enjoyment of human rights of Aboriginal and Torres Strait Islander peoples; and====
 * ====report, when requested by the Attorney-General, on any other matter relating to the rights of Indigenous people under the NTA.====

Native title in AustraliaThe Tribunal produces a status report on the native title system which focuses primarily on the progress of native title claimant applications. The National Report: Native Title will be updated twice a year. [|Read the report]. Use the Tribunal's interactive map to explore national, state/territory and regional views of native title applications, determinations and indigenous land use agreements. The map can be navigated in two ways: [] Native title is the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs. The native title rights and interests held by particular Indigenous people will depend on both their traditional laws and customs and what interests are held by others in the area concerned. Generally speaking, native title must give way to the rights held by others. The capacity of Australian law to recognise the rights and interests held under traditional law and custom will also be a factor. Native title rights and interests may include rights to:

====In some cases, native title includes the right to possess and occupy an area to the exclusion of all others (often called ‘exclusive possession’). This includes the right to control access to, and use of, the area concerned. However, this right can only be recognised over certain parts of Australia, such as unallocated or vacant Crown land and some areas already held by, or for, Indigenous Australians.==== ====Native title rights and interests differ from Indigenous land rights in that the source of land rights is a grant of title from government. The source of native title rights and interests is the system of traditional laws and customs of the native title holders themselves.====
 * ====live on the area====
 * ====access the area for traditional purposes, like camping or to do ceremonies====
 * ====visit and protect important places and sites====
 * ====hunt, fish and gather food or traditional resources like water, wood and ochre====
 * ====teach law and custom on country.====

====(1) The expression //native title// or //native title rights and interests// means the communal, group or individual rights and interests of Aboriginal peoples or Torres Strait Islanders in relation to land or waters, where:====
 * || ====a) the rights and interests are possessed under the traditional laws acknowledged, and the traditional customs observed, by the Aboriginal peoples or Torres Strait Islanders; and====

c) the rights and interests are recognised by the common law of Australia.
[]|| //Australian Government Department of Foreign Affairs// August 2008, Australian Government, accessed 16 November 2011, . || //Native title// n.d.,, accessed 23 November 2011, [] [|www.nntt.gov.au/What-Is-Native-Title/Pages/What-Is-Native-Title.aspx\]