Native title
What is Native title?
Native title recognises the rights and interests that Aboriginal and Torres Strait Islander peoples hold in land and waters under their traditional laws and customs. These rights are recognised by Australian law through the Native Title Act 1993 (Cth).
Native title acknowledges the ongoing connection First Nations peoples have with Country. It can include rights to access and use land and waters, undertake cultural activities, and use natural resources. The specific rights recognised vary between native title determinations.
Native title does not provide the same rights in every location and may exist alongside other land interests and uses.
It is important to understand that native title and Aboriginal cultural heritage are separate areas of law. In South Australia, Aboriginal cultural heritage is protected under the Aboriginal Heritage Act 1988, regardless of whether native title has been recognised.
What does Native title mean for private landholders?
The existence of native title does not automatically mean native title holders own or control privately owned land. The rights and interests that apply depend on the land involved, the native title determination, and any other legal interests affecting the area.
Native title and Aboriginal cultural heritage are distinct matters. Aboriginal heritage protections can apply to culturally significant sites, objects and ancestral remains, including on private land.
Landholders planning activities that may disturb soil, vegetation or infrastructure should consider whether Aboriginal heritage requirements apply and seek appropriate advice where necessary.
The Northern and Yorke Landscape Board encourages landholders, community groups and project proponents to engage early and respectfully with relevant First Nations organisations when activities may affect Country, cultural values or Aboriginal heritage. Early engagement helps build understanding, identify potential impacts and support informed decision-making.