Land tenure

Project status: 

Native title was recognised by the High Court as a valuable property right that was accorded protection by the common law on the principle of non-discrimination.  Native title has not, however, been successfully incorporated into state property regimes and is still not well understood by land administrators. This project will explore the complexity of native title in relation to Australian tenures, including:

  • Analysis and recommendations in relation to the incorporation of native title in to property and land tenure regimes in Australia
  • A critical examination of ‘tenure resolution’ and ‘tenure reform’ and the limits of native title as property
  • An examination of proposals to develop an Indigenous tenure in WA and the implementation of Indigenous tenures in Qld
  • Analysis of common law legal protection of native title, such as trespass
  • Analysis of the challenges of ‘consistent’ tenures including issues involving resident Indigenous communities, community development, community benefit and compensation.
Last reviewed: 18 Apr 2016