Land rights and native title officially recognise Aboriginal rights of the land, and both are the result of government legislation. There is more information about this legislation further along in this section.
Land rights return Crown lands as compensation for dispossession and the resulting ongoing disadvantage suffered by Aboriginal peoples by this dispossession – traditional connection does not need to be established for a successful native title claim. Native title recognises the rights and interests associated with land customs embedded in culture and heritage for Aboriginal people - proof of continuing connection via cultural practices is needed to claim native title.
Land rights are granted under legislation that typically awards full or freehold title to the Aboriginal claimants. Claims can be made on Crown land that is not being lawfully used or occupied.
Native title doesn’t grant full ownership of the land but does grant the right to control access, and to go onto the land for ceremonies or to hunt, fish or gather foods and bush medicines. Inland waters and vacant Crown land including national parks and state forests can be successfully claimed under native title.
Land rights and native title support connection to Country and empower Aboriginal communities, by giving them autonomy and providing opportunities for economic development. You can read more about land rights and native title from Creative Spirits, land rights and native title, what's the difference webpage.