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Native Title


Aboriginal parties have special rights to use unallocated State (Crown) land for traditional purposes, except to the degree restricted by any valid law. Find out about Native Title legislation as well as the validation and effects of past acts.


Legislation governing native title

The High Court and the Native Title Act 1993 (Cwlth) established that native title may exist in relation to State land – except where there are, or have been, certain Acts or tenures recognised by the Act as having extinguished native title.

In addition, Section 104 of the Land Administration Act 1997 (WA) secures a right to the State’s Aboriginal inhabitants to have access over unfenced, unimproved parts of pastoral leases for traditional hunting.


Validation and effect of past Acts

Under the Native Title Act 1993 (Cwlth) , the State of Western Australia was able to pass its Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) which validates Acts which occurred under the Land Act 1933 (WA) between 1 January 1994 - 23 December 1996.

If you require more information please contact us.