Project status: 

Providing financial compensation for Indigenous people in native title claims is an increasingly important issue in Australia. The NTRU recognises the need to address the growing interest in the development of clear principles for compensation, particularly in the context of proposed alternative settlement processes. The issue of compensation is circumscribed through legislation in Section 51 of the Native Title Act 1993 (Cth).

In June 2009 the national meeting of Registered Native Title Bodies Corporate (RNTBC) also discussed the possibility of a compensation test case after a successful native title determination so that compensation issues are not clouded by issues relating to who the native title holders are.

Part of this project involved the compilation of an annotated case list and a reference list. These resources address questions including whether compensation is an adequate means for recognising the importance of land to Indigenous communities, how financial compensation should be determined over land and any tax implications arising from compensation.

Last reviewed: 18 Apr 2016