Section 5: Aboriginal land rights and native title rights / Native title – Mabo and the start of native title in NSW

Section 5: Aboriginal land rights and native title rights

Native title – Mabo and the start of native title in NSW

Native title legally recognises Aboriginal peoples’ ongoing connection, rights and interests in land and water. In 1992, the High Court first recognised this through the Mabo decision, which also led to the passing of the Native Title Act 1993.

Led by Eddie Mabo, the Meriam people claimed native title as the traditional owners of Mer (Murray Island) in the Torres Strait. It took them 10 years, but they won, with the High Court recognising them as the owners of Mer. The High Court also recognised that Aboriginal people had lived in Australia for tens of thousands of years, and it was a myth that the country was terra nullius (land belonging to no one) when settlers arrived.

A successful native title claim may include rights to access land for food, recreation and cultural practices, and to protect sacred sites. Claims can succeed in part or in full. Native title has been recognised for almost a third of the Australian continent.

The National Native Title Tribunal has more information about native title claims and determinations.